Employment Law Questions? Ask an Employment Lawyer.
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First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employee tries to take advantage of a situation like this. Unfortunately, California is an at will employment state. This means that your employer is allowed to write you up or terminate your employment for any reason that does not violate your civil rights or is in breach of contract. When this employee complains of harassment they must be complaining of harassment based on a protected category. Such a category would be because of their age (40 or older), gender, race, religion, genetic information, pregnancy, national origin, creed, or disability
It is illegal to retaliate against an employee for making a complaint based on one of these categories.
In regards XXXXX XXXXX you can do, if this person is making a false statement of fact about you, you can bring a claim against this person for defamation.
What are my options regarding what this person is doing by slandering my reputation and the fact that im esrntially being bullied
You can 1) sue her for defamation, or 2) document anything she is doing wrong in the company and then when you have properly documented her legitimate wrong doings terminate her
Do you have that ability?
or are you equal co-workers
What can i do ig i feel my emplyer is mishandling the situayoon. A supervisor saifd she was taking care of it left for vacation the next day and didnt follow up with me.
Unfortunately, a supervisor is not required to do anything unless there is a complaint of a protected category. Do you believe you could make an argument that the employee is treating you this way because of a protected category?
Yes we are equal
Then you should absolutely make that complaint to HR
Was the yes to the protected category?
Yes it was . Ok thank you
If you cannot point to a protected category, then you can try to request a transfer away from this person. However, your employer is not required to do this for you.
You would want to point out in a respectful way that you like your job, really like working there, but feel that this person is making this very difficult and wonder if there is anything that they can do
I will do that.
have i fully answered your question today? Please do not hesitate to ask any follow up questions you may have if you need clarification on anything I have said.
Yes u have thank you
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