California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Contract manipulation (fraud and stealing), retaliation after complaints to HR about his illegal and unethical practice, reduction in hours and pay ( we get bonuses for selling certain items ) and general harassment.
No I used our so called "Care Line" to report the stealing issue and the harassment was more along the lines of retaliation for reporting him to HR, his manager showed up in place of HR on the initial report and told me if I couldn't get along with him, I would need to seek employment elsewhere. I'm sure there is not a thing I can do about all of this, but it sucks that they treat people this way and the impunity of it all just sucks.
Douglas,Thanks again for your reply. I am so sorry to hear about this and completely understand your frustration.Unfortunately, you are correct in your suspicion that there is little which can be done. In private sector employment, employers have tremendous discretion to manage their business as they see fit. By default, employment is "at will" absent an express agreement to the contrary, meaning employees can be fired, demoted or disciplined for any non-discriminatory reason not otherwise in violation of the law.The exceptions here are few and far between but relate primarily to areas of public policy. For example, it is illegal to retaliate against an employee for filing a claim for unpaid wages, or taking FMLA protected leave--there is a public policy interest in ensuring that employees are not punished for enforcing these basic rights. It is also illegal to file employees for "whistle blowing," but that term is defined by statute to include only those reports "care line," how ever well intentioned and well founded, does not trigger any special protection under the law.As an at will employee, you can be fired out of seniority, because your boss doesn't like you or even (by way of extreme example) because you happen not to share the same taste in music or movies as your boss. There are few limits here, aside from discriminatory motives and the public policy exceptions I have described above.If there is any silver lining it is that an individual in your circumstance should be eligible to receive unemployment benefits. For information on how to file a claim, visit this link: http://www.edd.ca.gov/unemployment/filing_a_claim.htm I am truly sorry that I don't have more favorable information to provide you, but you are here for accurate information about the law and it would be a tremendous disservice if I were to mislead you for the sake of providing good news.Please do not hesitate to contact me with followup questions if you have any. I am not done assisting you until you are absolutely satisfied with my service.Have a very pleasant evening, notwithstanding present circumstances.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).