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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 115460
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have been working staffing company years, I have been in

Customer Question

I have been working for a staffing company for 5 years, I have been in the staffing industry for 15 years and have always worked with the same manager but through different companies. My position at the company was staffing supervisor I would supervise
2 girls, make sure that everything was running smoothly at the office and that all orders were filled. I left January 31 on maternity leave and was out for 4 months because I had twins when I returned, June 8th my manager told me that since I was gone for
so long and didn't know what was going on at the office that I was just going to be a staffing coordinator, after a month the manager sat with me and told me that I had reached my level and that basically I didn't have my position anymore that I was going
to be given the opportunity to open my new office but I had to start from scratch I had to go out there and do sales, I had to take it because this is all I've done I just got a house have twins and I have to make sure to pay bills and support my kids. The
manager went out with me just for the first 4 days and after that she's just sent me emails and has sat with me a few times to tell me how its supposed to be done. I know she doesn't want me here anymore she has told one of the girls that she found out so
many stuff about me when I was gone which doesn't make sense because I always did what I was supposed to and if that was the case how come she didn't sit with me when I returned and didn't tell me anything? She even asked the 3 girls that work at the office
to not talk to me to not even get near me, I still work at the same office but supposedly I will be given a new office once I bring enough clients and I'm making enough profit to pay lease and bills. I have been doing office work for 15 years and from one
day to the other they put me to do sales something I'm not familiar and not comfortable with I'm not a spoken person I had never been out in the field doing sales I feel that I was put in this place because the manager knows that I'm not capable of doing it.
The manager doesn't even talk to me at the office but she does sends me emails, really nice emails because I know that if something happens she wants to have proof that she did try to help me but when we're in person I can sense that she doesn't really want
me here. Today I had a meeting with her and she said that from now on she expects me to go to 16 companies a week, to turn in 16 business cards a week and bring in 1 new account per month she says that she's doing the same thing too but we are talking about
her having 22 years of experience doing this I have no experience I have only been doing it for 5 months and I don't feel comfortable doing it. I feel that she's doing all of this to pressure me to quit. The owner of the company is in New Jersey I can't go
to him because she's basically the boss here in California, he does whatever she asks him to do. I feel like I'm about to have a nervous breakdown I feel so stressed. Are there any laws that would help me? Is there anything I can do?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have exceeded your 12 weeks of leave provided by the CFRA (California Family Rights Act), which runs concurrent with the FMLA, then your employer did not owe you a legal duty to maintain your job or your position. Thus, legally after the 12 weeks the employer could terminate you or could bring you back at another position.
Employment in CA is deemed to be at will, unless you had a written contract for employment to the contrary, which I am sure you know based on being in the HR business. So, if the employer is giving you a new position, you must do that position in order to keep your job or they can terminate you.
I understand the stress of having newborn twins AND trying to learn a new job, but the employer has a right here to make you do your job that they require.
HOWEVER, if you have witnesses who can testify that she is doing this to you because you now have children or because you took maternity/bonding leave allowed under the CFRA, then legally you can file a complaint with the EEOC or the EDD for retaliation under the CFRA and discrimination based on your having children or using your bonding leave and they need to investigate to grant you a right to sue letter.
Other than the discrimination/retaliation issue, you would have to do what the employer is asking and make it work if you want to keep your job as an at will employee or she can terminate you for performance reasons.

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