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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I am going through a ugly divorce. I am a RT at a hospital.

Customer Question

I am going through a ugly divorce. I am a RT at a hospital. Someone called my place of work and would not give their name and stated that I smoke and grow marijuana and did not want me to be assisting their family member in the hospital where I work. This is false.Can HR take action on a call like this?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 4 years ago.

Employment-LawExpert :

I am a licensed attorney here to help you with your question. I appreciate your patience while I respond to you. Please remember to only rate my answer when you are 100% satisfied. I strive to provide excellent service, so if there is anything else I can help you with, or if you need additional clarification, please do not hesitate to ask. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. If you feel that I am unable to do so, please inform me of such and I will be happy to opt out of this question so that another expert may better assist you.

Employment-LawExpert :

California an at will employment state. This means that your employer is allowed to terminate your employment for any reason that does not violate your civil rights or is in breach of contract.

Employment-LawExpert :

Thus, if you are a union employee, or if you have an employment contract that says you must be fired for cause, then HR cannot do anything about this.

Employment-LawExpert :

Otherwise, technically, HR could fire you if they see fit. However, if you go into the meeting and explain in a calm and positive manner that there is no possible truth to this, and you do not know why someone is trying to get you fired (unless you do, in which case you can say that)

Employment-LawExpert :

then it is unlikely that a negative action will be taken against you.

Employment-LawExpert :

Just make sure to tell them that you like your job, like working there, and have no idea why these allegations have been brought against you.

Employment-LawExpert :

Or, in the alternative explain that you are going through an ugly divorce, say your ex-wife is just trying to stir up trouble and apologize for any inconvenience any of this caused.

Employment-LawExpert :

Again, I cannot stress enough that it is unlikely that HR will fire you if you present yourself in a calm and professional manner.

Employment-LawExpert :

Good Luck!

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Expert:  Brandon, Esq. replied 4 years ago.

I wanted to write to check up to see if you had any additional questions or concerns concerning your question. If you do have additional questions or need additional clarification please do not hesitate to ask. Please remember that I do not know what you may already know or with that you need help with unless you tell me. If you have not provided a positive rating because you would like a different expert to answer your question, please ask and I will opt out of the question so that another expert may answer. If, however, you found the information helpful to you, please do not forget to provide me with a positive rating as without one I will not receive credit for my time. Please keep in mind that even after a rating has been issued you can continue to ask questions related to the original post and I will be happy to answer them. If for some reason the rating feature is not working or you cannot find it, please write me back and let me know. Have a wonderful day.