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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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A month after starting at company, manager started yelling

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A month after starting at company, manager started yelling at my wife. She told him that there was no need to yell, that they could speak like professionals. Manager kept on yelling at her, she finally spoke to HR and reported him, saying that he was creating a hostile work environment. HR did nothing to help her; took zero action. Manager stopped talking to her, she tried speaking to him about situation, he would tell her he did not want to talk to her. Today, manager told her that she does not fit the persona of the company. Was terminated. Has never been written up, was a great employee.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

What question do you have regarding the situation?
Customer: replied 5 years ago.
Thank you. We want to sue for wrongful termination based on HR doing nothing to protect me, took zero action to help me, and letting him retliate by firing me. Do we have a lawsuit here and how do we go about this? We need to know what recourse of action we have here.
Do you believe that you were discriminated against due to a protected characteristic (such as race, gender, national origin, ethnicity, or sex)?
Customer: replied 5 years ago.
Honestly, I have no idea why he screams and yells. I don't know if it's because or the reasons listed above or if it's because he just hates women in general. I believe I was fired for reporting him to HR. HR did nothing to protect me and he fired me as a result of reporting him. And they let him do it. It sounds like you're saying he can treat me however they want to, the company has no grounds to protect me as an employee, and he can fire me based on what he said which is, "I don't fit into the team there." I'm not sure what that means. I fit in just fine until I reported him. Then he fired me. Isn't there anything I can do here?
Yes, unfortunately, it is not illegal for your boss to be a complete and total jerk to you as long as he's not doing so based on discrimination due to a protected characteristic.

Also, unfortunately, as an at-will employee you can be terminated at any time for any reason (even a bad or false one) with or without any prior notice.

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."
If you have reason to believe that he acted negatively toward you because you are a woman, then you should file a complaint with the Department of Fair Employment and Housing for discrimination on the basis of sex/gender in violation of the Fair Employment and Housing Act.

You can file a complaint using the instructions available online here;
Customer: replied 5 years ago.
Oh that is horrible - thank you for your help, though.
I wish I had better information to give you. Thanks and best of luck!
Joseph and other California Employment Law Specialists are ready to help you

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