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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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HR issues

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Hello, I am a physician, has been working for navy San Diego x6 years as GS. This October will be 7th year.  We recently had changes of management. My new first line supervisor is "crazy".  I have to go court on Thursday for an eviction of my tenant which I am be countersued by tenant for wrongful eviction.  She said I can't go,because I need to see pts. I have only 4 pts scheduled that day, and one of the other physician is coming back from vacation on that day.  There is no access issues.  She told me I can't go see HR during working hours, but I can go during my unpaid lunch hour? Is this legal.  HR informed me I am entiled to file administrative grivence.  I request to speak to my 2nd line supervisor, HR said it can be requested, but the meeting is not guareeteed.  Is this legal

Hello again and thank you very much for your question.

As far as restricting access to HR, that is permissible. Since an employee is not working on behalf of their employer while airing a grievance with HR, the employer is free to require such time to be off-the-clock.

Furthermore, non-union employees have no legally protected right to meet with second line supervisors. Employers enjoy a tremendous discretion with regard to how they manage their business and are free to limit (or even restrict altogether) an employee from utilizing particular channels the voice complaints.

I am truly sorry that I don't have more favorable information to provide you in these respects, 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 question if you have any. I am not done assisting you until you are absolutely satisfied with my service.
Customer: replied 3 years ago.

Good to know, Since I work for navy, can I go see admiral myself if open door policy is available


Thank you very much for your reply. Yes, there would be nothing wrong with that at all. Please let me know if I can be of any further service to you whatsoever.
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