California Employment Law
California Employment Law Questions Answered by Legal Experts
She doesn't know if its one of the protected characteristics. She along with the doctor she is an assistant to are new to this location, and both have been confounded by the treatment.
The issue began last Monday, this manager was pointing out that she is being insubordinate, because my daughter Valerie didn't receive a response from her(manager) to ok a pacemaker rep from a manufacturing co to do a routine procedure (pacemaker interrogation) for a patient that the doctor told her to schedule. This is a normal procedure that is known in this office to be done when its necessary and done thru out this organization.
Valerie sent the manager the necessary information to get ok'd. This manager never replied, and it was automatically set up, to ensure patient care, its not something that is normally needed to verify with someone else (manager) whether its ok to proceed. The doctors are the ones that request these.
Patients sometimes walk in and these reps are in/out to do these procedures and are already known to be thru out the Sutter organization.
This manager told her "she"(the manager) is my daughters boss, not her doctor she is assigned to. After that rep came to do his job at their location, the manager pulled her aside and reprimanded her over the situation.
So today, she had a list of items that the manager(that doesn't work with her side by side) had on a form stating the incident from a week ago and other things that the manager pointed out as well. My daughter would only tell her that she didn't feel comfortable signing this form, listing these allegations, and would prefer doing it in the presence of someone from HR. The manager told her it would be to her best interest to sign, and that she (the manager) had already consulted with HR, that it wasn't necessary.
My daughter kept her composure, and tried being as professional as possible, only to break down after she left the managers office.
She therefore feels she was intimidated and shouldn't have signed it. But did it under duress. Causing her terrible anxiety, unable to focus and work coherently for the rest of the day. She feels she is being harassed because even her doctor(the one she is assigned to) told her to watch herself, after last weeks incident, when she(the doctor) went in to speak to that manager and how she treated my daughter.
I have been recommending that she speak to HR, because her original probation period ended Nov 5th, and feels that this manager is ultimately going to recommend that my daughter be released by the new Dec date, and will be looking to compile more information to build a bigger case against her, when again this manager doesn't work with my daughter side by side.
She did let me know that she isn't under any employment contract, and is an at-will employee, and has been fearing that because CA is an at-will state, she can basically be fired for any reason. She feels this manager is harassing her and intimidating her enough to cause her not to do her job she was hired for as a medical assistant, and that this manager will succeed.
I hope this is what you were looking for
Thank you for the advice Joseph, she is going to seek legal help, and feels that this person is just mentally harassing her.
I did ask her if she was absolutely sure it wasn't because of her race, my daughter is half Mexican/ half African American, so she is unique in her looks, but mostly resembles my Hispanic side. At her previous location she was loved and treated wonderfully, this is really taking us for a loop.
I will give her the information you provided, even though we had an idea that yeah, "they" or in this case that manager is going to ultimately just fire her for no reason.
Its funny though, because Sutter came looking for my daughter recruiting her while she was on maternity leave, and this is how they treat her!
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