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Dwayne B.
Dwayne B., Attorney
Category: California Employment Law
Satisfied Customers: 32354
Experience:  Began practicing law in 1992
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California : no : Well, I have a story before I left my job.

Customer Question

Hi Pearl
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: Well, I have a long story before I left my job. My job for five years was as a Human Resource Director. At a retreat with senior management the owner made changes in the org structure. He had conversations with each senior manager, but me. I was told in this meeting that I would report to the CFO, I explained that I could not report to him due to the conflict we had and the way he treats his department. (side note was his department was in my office every week complaining, they would talk to him and it got worse) So, upon my return from the retreat, I was asked not to attend serval meeting or was not invited. No one from the senior level would speak to me, I was called by one manager and he wanted to know my attentions. At that point I knew the owner wanted me out. The stress from this was to hard on my health. I was treated for breast cancer on Aug 2014 and had 4 rounds of chemo. During this time I went to the doctors and she put me out for seven day. I was only able to take 3 and had to work from home. Then I was asked to come to a meeting with two senior managers and they informed me I would be that my ne position would be EHS Manager, which I have no training for. They did not have any qualifications or requirements for physical ability. On April 18 I can to work and was told I would be moving out to the operations building and will no longer no any work that requires HR. I was told to give all my passwords to payroll the 401k, etc. to the temp they hired and to park in the operations parking lot. I was told that I had to train this person and I better not leave anything out. During this time the CFO was emailing me asking my for sick hour slip for the days I was out. I asked my manager to respond, because I do not want to talk about my private health issues. She did not and he kept sending me emails. After being in the operations for a few days with nothing to do, because I do not know or have any knowledge of how this new job works or is. there was a meeting with the CFO, my new manage and my old manager. The CFO told me that is took 9 days for me to get a response to him and I will respond to him not to my manger Also, when I was out for my sons weeding during this time he said it was my responsibility to respond. I tried to say something and he cut me off. I had to train this new person who never had any
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: HR experience I was up in front doing my old job with her sitting there. I tried to get a handle on this new job, after looking at the job desricition I had no idea of the physical requirements I would go up and down stairs which was hard do to my week legs and left over 5lbs. neither of which I could do. The stress was at a very high amount and found myself unable to do my job the assigned me to. On Jun 6th I resigned from my job. And I would like to apply for unemployment due to my stress and unable to do the job they placed me in for which I have no back ground in. I did asked what would happen if I did not take this EHS manager position and was never answered
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: California Employment Law
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Before I ask questions about your situation, I need to make sure that you understand how the website and rating system works.

Many times in employment law situations the law is not in favor of the employee. When that happens we have to give the person asking the question bad news. It's true, but sometimes it's not in their favor.

On this website the customer rates us experts at the end of the question and answer and every now and then a customer is unhappy about the law and gives a negative rating. Unfortunately, that negative rating is taken by the website to be a reflection on me, indicating that I wasn't polite, wasn't prompt, or provided a wrong answer.

I'm more than happy to discuss this with you, but I just wanted to make sure that you understood how the system works and that you will rate me on my professionalism and not on whether the law is in your favor or not, since I have no control over that.

With that understanding, do you want me to discuss this in more detail with you?

If so, I first need to know with what specific question may I assist?

Also, were you working under a written contract?

Customer: replied 5 months ago.
If reading my statement has all the detail on why I quite my job of five years, I want to apply for unemployment, because I was demoted to a job I had no back ground in and could not do the physical part of the job
Expert:  Dwayne B. replied 5 months ago.

I understand your facts, I just need to know what specific question you have?

And also, did you have a written contract?

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