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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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My Supervisor has since left the City and I am trying to convey

Customer Question

My Supervisor has since left the City and I am trying to convey to the new person (subtly) that her predecessor had 'checked out' long before there are lots of instances where it can be shown that work was not performed correctly...should I still be keeping a log of in "appropriate behavior" as was previously described to me? A follow up preformance evaluation is still due. How should I prepare myself now that the dymanics have changed?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hell again and thank you very much for following up on your question from last April. I hope that this change in management is for the better.

To answer your question, it is always advisable for an employee who believes he or she is being unfairly targeted to keep records of such behavior. If you are being unfairly targeted by criticism from this new manager, then it would be prudent to make notation of that fact as you had been doing previously.

Government employees who have attained permanent status can only be terminated for "cause," or for reasons relating to economic hardship. Thus, any evidence tending to indicate that termination is without cause would be important to have going into your Skelly hearing.

I cannot tell you precisely how to act given the new dynamics at work, but what is certain is that if you believe you are being treated unfairly or being blamed for poor work product or policies that are not your fault, you can document those facts tending to support your position. That way, you are prepared to defend any termination "for cause" at your Skelly hearing should such employment action be initiated against you.

Given that there is now new management, it would typically be best to avoid assuming a combative or overly defensive posture, as this would tend to be off-putting and may only cause the situation to decay into something similar to what you had before. Instead, it is generally best to simply keep record of instances in which you are unfairly blamed for poor performance and provide written rebuttals where necessary and appropriate.

If I can provide any clarification or be at all more specific in regard to your inquiry, please let me know and I will be very happy to continue assisting you.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My absolute greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Also, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.

So I will continue to keep a log of "inappropriate beahviors" as demonstrated by my peers, and at the same time, train my new supervisor as to her tasks according to the City's accounting and ordinance principles...all with a smile on my I have been for the past few weeks. She is new to this line of part of the City's function,so maybe it will work out. I just want to be happy at work again. My previous supervisor was so poor in every aspect...and since she was the supervisor, crap runs downhill and all that.....

thank you for your time

Expert:  Patrick, Esq. replied 5 years ago.
You are very welcome. I sincerely hope that things work out for you with your new manager. I have been there before with difficult bosses, so I know how it must feel.

Fortunately, as a government employee you do have certain job protections. The best thing you can do is remain diligent and know your rights, but most importantly keep an open mind and hope that your kindnesswill be reciprocated.

All the best to you.