How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I work at a golf and fitness center with proprietary and social

This answer was rated:

I work at a golf and fitness center with proprietary and social memberships. I am regularly scheduled to provide on site childcare. One child has a history of violence toward other children and myself. On August 31, 2013 this child hit me with a stick and it was recorded on camera. When the child's nanny arrived I told her about the incident and said that if this occurs again the child may not be able to return to childcare.
The parent was told this and wrote a complaint. I was given a write up by my supervisor for a breach of member/employee etiquette when it was construed that I was threatening to revoke member privileges. I refused to sign the write up and asked about the existence of a "violence in the workplace" policy. The policy states there is zero tolerance for violence in the workplace but the general manager supported the actions of my supervisor and that there was just grounds for giving me a disciplinary warning. I was then suspended without pay for a period of 5 days.
Have I been wronged by my employer or am I being troubled about this incident because it has damaged my sense of dignity.
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.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.


Can you tell me if you are an at-will employee or if you have an employment contract with your employer?
Customer: replied 3 years ago.

This is "at will" employment and the suspension from work was without pay.

Thanks for the additional information; I will get back to you shortly.
Hello Aura,

Unfortunately, as an at-will employee, you can be suspended (or terminated) at any time for any reason with or without any prior notice.

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922 and states:

"An employment, having no specified term, may be terminated at
the will of either party on notice to the other. Employment for a
specified term means an employment for a period greater than one
month."

So, unfortunately, while the action is unethical, immoral, and wrong, it is legal.

I realize the above information is not what you wanted to hear and 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. Definitely contact me if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work. It is necessary for you to rate my answer even though you’ve made a deposit or are a subscriber. I only receive compensation for my work if you rate me positively. Otherwise, I receive nothing for assisting you and the website retains your entire deposit.

Thanks and best of luck!
Joseph and other California Employment Law Specialists are ready to help you

Related California Employment Law Questions