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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I wanted to know if I have a case. My boss was verbally abusing

Resolved Question:

I wanted to know if I have a case. My boss was verbally abusing me (one state she made to me was "your staff hates you." She has no back up data to back up that statement. Another incident she tried to write me up after I send a email to her boss letting him know how unproffesional she was so I reported her to the HOTLINE. An now I am being ignorned by her. This is just some issues I've been dealing with her. I told her boss on comments she has said to me but he did nothing. Do I have case?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

I am very sorry to hear of your difficult situation and that you feel hopeless.

Unfortunately I don't have good news for you either. The employment at will doctrine typically dictates employment relationships in CA, which means either the employer or employee can terminate the relationship without good cause or notice, AND the employer is free to treat employees unfairly, and even aribitrarily unless they are violating a specific law governing the employment relationship.

Therefore, there is normally no legal recourse against an employer unless:

The employer has discriminated against the employee in violation of state and federal laws prohibiting discrimination on the basis of race, age (40 and older), gender, disability, and other such protected classification;

The employer has created an implied or express employment contract and breached the provisions of the contract;

The employer terminated the employee for reporting illegal activity by the employer; or

The employer retaliated against the employee for requesting or taking FMLA leave, filing a worker’s compensation claim or injury report, engaging in union activity, or violated other specific exceptions to the employment at will doctrine.

There would not typically be recourse for unfair treatment by the supervisor unless one of these exceptions were being violated, or you could make a case for defamation or other tort. The best course of action in many similar cases is to look for alternate employment. I'm sorry.

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