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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4828
Experience:  Extensive experience representing employees and management
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I feel that I have been discriminated against at my job I have

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I feel that I have been discriminated against at my job I have been on for aobut 90 days. During the first month I had an incident where they placed me on a paid suspension pending investigation. When I was called in after investigation, I received a facetime call from the manager where she was heard on video phone talk about me and discussing me with her family after being away for 2 weeks with the investigation. During that follow up meeting that decided to start over and we agreed to meet every week during orientation to follow up on areas of improvement. Now at 90 days I am told that there is concern with my nursing practice not being up to standard and that they could not provide any details and placed me on another paid suspension. For the last 2 months I have been on eggshells to not give them reason to negatively judge my professional practice and I still think with hearsay no documentation my job is in jepordy. Is there anything I can do to protect myself?
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Joseph replied 10 months ago.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

When you say you feel that you are being discriminated against, do you mean that you are being discriminated against due to a protected characteristic (such as race, gender, national origin, ethnicity, or sex)?

Or, do you mean that you are being treated unfairly (for personal reasons or otherwise) by your employer?

Also, can you tell me if you are a member of a union or an at-will employee?
Customer: replied 10 months ago.

I am an at-will employee. Treated unfairly for sure. Attacking my professional practice and judgement with no documentation to back it up. Talking about me as I witnessed in an unplanned video call. Placing me on paid suspensions with no detail as to why. If the discrimination is characteristic it has not been said bluntly. I was hired in an area where they knew I was a novice nurse in. In less then nine procedural orientations expected me to function independently. Now that I am functioning independently they say they have gotten concerns that I am not able to function independently yet at no time have that pulled me out of my independent role of function.


Many things are going on and I am faced with being fired for no valid reason tomorrow. Since I am at-will they really do not need a reason?

Expert:  Joseph replied 10 months ago.
Hello Ebone,

Unfortunately, as an at-will employee, you can be terminated at any time for any reason with or without any prior notice, including a bad or false reason.

This is the case unless your employer is discriminating against you based on a protected characteristic (such as race, gender, national origin, or ethnicity).

Unfortunately, it isn't necessary for your employer to have any legitimate rationale to suspend or terminate you. Also, there is not requirement that your employer treat you fairly in relation to other employees.

Obviously, you seem to be a victim of some definite unfair treatment, but, unfortunately, unless the treatment was due to discrimination due to a protected characteristic, you don't have any legal remedy against your employer for this unfair treatment.

I realize the above information is not what you wanted to hear (and I personally empathize with you as I have dealt with the same unfair treatment myself in the past as an at-will employee).

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work.

Thanks and best of luck!

Joseph, Lawyer
Satisfied Customers: 4828
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you

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