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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5068
Experience:  Extensive experience representing employees and management
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I have worked for this employer for almost 2 years now, shortly

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I have worked for this employer for almost 2 years now, shortly after being hired I was asked by the manager to do something that was very unethical and I did it for him but also called our company's "care line" to report it. The very next day my managers manager shows up to survey the situation and basically sweep everything the rug, HR had a scheduled visit that was cancelled due to the manager saying everything is just fine but was not. Move almost 1 1/2 years forward and total retaliation, harassment and hours being cut due to more employees being hired and no new business to speak of due to this manager running the business into the ground another employee complains about this manager and a new HR specialist was hired for this area and a new investigation was started about my manager, all employees were interviewed and what I told him started a new more expanded investigation into this manager and some wrong doings with contracts and monies etc... so the HR person puts me in a room with himself, my manager and me and say's "tell me again what you just told me about the contracts" and I was like a deer in the headlights of a freight train??? I did say again to him in front of my manager what was going wrong, his response was for me to look up those contracts and go over them with my manager. I said I would and that ended our conversation that day, my manager asked me later that day if I had found any of those so called misguided contracts, I told him I had not had the time to look for them but would shortly or on Monday as it was late on a Friday, so Monday comes with a bunch of other stuff to do around the office and he say's to me again did you find any of those contracts, I told him no but would look soon, I came back to my desk later that afternoon to find a note telling me I needed to enter two new contracts before the end of the day, well after about an hour of trying to log on the system I called tech support to tell them I was having issues with logging in and they finally discovered I had been terminated out of the system on Friday prior to that Monday??? Tuesday comes and I went to my manager to say I need a new security form sent in to get back into the system and he say's "it's being handled"? So all day Tuesday I expected to get fired and handed my last check but it never happened so Wednesday I called HR again to say I couldn't get in to our system to complete and of my work or find these bogus contracts and they ended up contacting my manager and requesting him to forward the form in to have my username and password XXXXX Soon after that I keep receiving mail about COBRA and how my life insurance ended because I was terminated, I am so frustrated and tied in knots about having to go back to work in such a hostile environment that I'm getting physically sick and don't know what I can do??? PLEASE HELP.... there is more but not able to put it all down here... What can I do ???
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello,

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

My name is XXXXX XXXXX my goal is to provide you with excellent service today.

Honestly, it would be very difficult to prove that you were retaliated against recently for an event that occurred a year and a half ago. If you can prove that causal connection, you sue for wrongful termination and/or retaliation in violation of public policy.

It does seem that your treatment would definitely qualify if you could prove that the issues with the system 'terminating' you were due to intentional action to retaliate against you and not due to some computer glitches.


I assume that you are referencing that your work environment is also hostile due the retaliation (and not discrimination based on a protected characteristic).


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. Please contact me first 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 credit for my work.

Thanks and best of luck!

-Joseph
Customer: replied 1 year ago.

Ok, recently I was asked by this manager to join rotary with all expenses and hours paid by the company, I joined and three months later he told me I could no longer go to rotary because I was seeking a transfer to another facility to make more money, he said if I want to go work somewhere else I can no longer go to rotary. We also have to be on call every third week to answer calls over the weekend, he recently makes me take off time during the week so as not to incur overtime, so there is no longer a incentive for being on call we just have to do it. I recently was on FMLA leave and the bereavement leave, my bereavement leave ended the day I was to start a planned and approved (months ago) vacation, my manager emails me and cancelled my vacation time because my bereavement leave ended the very day before my vacation time was to start and I said I would return to work that day not realizing it was the start day of my vacation, I called him and he refused to let me go on vacation stating I wanted it cancelled and I never asked him to cancel it. I contacted HR again they intervened and I was granted the vacation time. his guy has it out for me and I feel he is going to make working there hell, but it shouldn't be that way, ya know. He is retaliatory every chance he gets. He's a sociopath.

Expert:  Joseph replied 1 year ago.
Hello Douglas,

Unfortunately, it isn't illegal for your boss to be a sociopath and to treat his employees in an incredibly degrading and inhumane way.

It is only illegal if he is doing so based on discrimination due to a protected characteristic or retaliation for engaging in a protected activity.

Trust me, I think there should be protections against these types of employers in the law, but they simply don't exist currently.
Joseph, Lawyer
Satisfied Customers: 5068
Experience: Extensive experience representing employees and management
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