California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law
This answer was rated:

I sent an email to Mike, my supervisor, informing him that

Norman bragged about getting Gene...
I sent an email to Mike, my supervisor, informing him that Norman bragged about getting Gene fired because he wanted Gene's job. Norman said he will get Gene's replacement fired as well, since it wasn't him. Mike is leaving the company and doesn't want to discipline Norman or let the new supervisor know about my email. Instead, Mike left a print out of my email where Norman could find it -- even though I said I feared retaliation from Norman. I feel that Gene's replacement has been threatened by Norman. I had a conference call with Mike and his boss, and Mike told his boss he has no corroboration for my complaint against Norman. Now, Norman knows I complained and he is planning to get Gene's replacement, who starts next week, and me fired. I am new, hired in September, and Norman has been with the company one year. The new supervisor starts next week as well. What is your advice for handling the situation?
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 28 minutes by:
12/9/2012
socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39,360
Experience: Retired (mostly)
Verified
Hello again,

I would really like to try to help you. However, if you genuinely believe that I lack sufficent expertise in this area of law, and/or you find my lack of "bedside manner" too abrasive, then just say so, and I will opt out and let someone else assist.

Thanks in advance, and either way, I wish you a happy holiday season.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

Ask Your Own California Employment Law Question
Customer reply replied 4 years ago
I assumed I would get a different "expert" when I rephrased and resubmitted my question since I said I was not satisfied with your answer. You didn't address my actual question. I know I don't have the authority to fire the employee. Giving you the benefit of the doubt, I rephrased my question hoping a different employment law attorney would address my question. I am looking for perspective and advice handling a serious (to me) situation and you reply that my job title is a fraud and I should look for a new job. You are retired, so perhaps you are unaware how difficult it is to find a job nowadays? I have a new boss coming next week, a new employee (who, unbeknownst to them, is already a target), and a bully in our midst. As you can tell, sir, I don't back down from a fight, but I'm looking for the best advice to put up a good one -- so could you please hand me off to someone who doesn't cut and run when it gets tough? I'd appreciate it. No offense, but your canned response was not something I would pay for.

I will opt out. Best of luck to you.

And, if you change your mind, I'll be happy to try to help.

Ask Your Own California Employment Law Question
Customer reply replied 4 years ago
Do you pass my question on to another employment law attorney? Or do I need to start over?
I did pass the question to another contributor/expert. However, he logged off, instead of taking the question. It's Saturday night, and the only person online who is qualified to answer California Employment Law questions is me.

If you leave the Q&A open, eventually someone qualified will log in and respond.

Hope this helps.
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago
Thank you
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
Hello and welcome to JustAnswer.

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

What question do you have regarding your situation?
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago
I am looking for advice on " next steps" -- if I believe my boss purposely made me a target of retaliation by allowing my coworker to read my confidential email -- should I make a formal complaint to the EEOC? Do I just write my boss or his supervisor a letter? Do I go up the company chain of command? Or do I report the intimidation to the labor board?

We do not have an HR person on staff right now. I am the "interim" HR person, but I'm new to the company.
Unfortunately, the treatment that you're experiencing at work, while unethical and immoral is not illegal.

First off, your work email is not confidential since it is your 'work' email, and there is no violation of your rights for your boss to allow other employees to read your email.

Second, unless you you were retaliated against for making a complaint regarding discrimination, you would not have the basis to make a formal complaint to the EEOC or DFEH.

Unfortunately, there is no code of civility in the workplace, and contrary to popular belief, employers are free to treat their employees in whatever way they see fit, including a disrespectful and inhumane manner.

However, you are free to write your boss or supervisor a letter, stating your problems with this conduct or go further up the chain of command. Still, as an at-will employee, your employer is not under any legal obligation to receive your complaints with any merits, and it could possibly result in your termination from the company, since as an at-will employee, you can be terminated at any time for any reason.

Finally, since your complaint doesn't involve a labor code violation it is not something you can report to the labor board.

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
Joseph and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago
Okay, I appreciate your honest answer -- but allow me just one follow up for my own clarification: If the employee I wrote to my supervisor about was to attack me physically at work or away from work -- would my boss THEN bear any responsibility for the retaliation IF the only provocation for the attack was the email I sent my boss? Would my boss then have civil or criminal responsibility for my welfare?
No, unfortunately, that wouldn't change the fact that your boss wouldn't be liable for the attack by the employee. The source of the provocation for the attack doesn't change the fact that only the attacker would be liable. However, your fellow employee would definitely be criminally and civilly responsible for any injuries caused to you by any attack at work or away from work.
Ask Your Own California Employment Law Question
Ask Joseph Your Own Question
Joseph
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
5,299 Satisfied Customers
Experience: Extensive experience representing employees and management

Joseph is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

31 satisfied customers

General Practitioner. Research Attorney

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

Legal Counsel

Legal Counsel

Lawyer

32 satisfied customers

California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

< Previous | Next >

Related California Employment Law Questions
I used to work with a company as independent contractor in
Hello, I used to work with a company as independent contractor in sales, commission based only. there was no contract since I had been working with them 9 years. i used to get paid 20% of the sales my… read more
socrateaser
socrateaser
Lawyer
39,360 satisfied customers
I have applied for disability, my boss wants to give me my
I have applied for disability, my boss wants to give me my vacation and some commission I have coming do I have to report the disability insurance? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I need to speak via phone phone please to a california
please, i need to speak via phone phone please to a california employment lawyer regarding a termination that is taking place any time now please … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,428 satisfied customers
I am looking to ask a termination question to a california
good morning, i am looking to ask a termination question to a california employment lawyer (from the employers perspective) please. Do you have a California employment lawyer who can assist please?… read more
legalg
legalg
Other
Juris Doctorate
31 satisfied customers
I'm a 1099 employee in california, am i required to give two
i'm a 1099 employee in california, am i required to give two weeks notice … read more
socrateaser
socrateaser
Lawyer
39,360 satisfied customers
I was verbally suspended from work yesterday, for a term of
I was verbally suspended from work yesterday, for a term of one week. I was also told that I would be on probation when I come back, and that I need to take sensitivity and anger management course. I … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a employee that it on salary, they was out for a week
i have a employee that it on salary, they was out for a week due to being sick. Do i still have to pay them a full week salary or just the three day. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Just looking for advice on best exit out of a company their
Hi there, just looking for advice on best exit out of a company their retention bonus is too far out … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,428 satisfied customers
An investigative consumer reporting agency (ICRA) performing
An investigative consumer reporting agency (ICRA) performing a background check for a California (Los Angeles) employer located a misdemeanor record from March 2017 that resulted in a deferred prosecu… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employer changed my work schedule less than 2 days prior.
My employer changed my work schedule less than 2 days prior. Now im facing and no call-no show. Is that legal for the employer to that? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY EMAIL ON THAT DAY. ON APPROX 10/10/2017 MONIES WERE SENT TO MY BANK. I HAD TO EMAIL THE EMPLOYER BEFORE ACTION WAS TAKEN. AMOUNT $5000 ISH, 4 WE… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,439 satisfied customers
I was sent home on paid leave almost 8 weeks ago, for no
I was sent home on paid leave almost 8 weeks ago, for no reason (is what I was told). They needed to do some investigating on the issue- what issue? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was arrested with domestic violence and I asked my
I was arrested with domestic violence and I asked my criminal lawyer that the police arrested me by mistake. Now I worried about my arrest record will affect my job application … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I recently terminated an employee whom admitted to stealing
I recently terminated an employee whom admitted to stealing money from a customer that left his wallet in the car. The employee worked for us for roughly 10 years and as you can imagine was not happy … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
Thank you for your counsel on our employee problem., my son,
Thank you for your counsel on our employee problem. Josh, my son, has been asking the questions so far. Having read the conversation threads, I would assume that you must have a rather negative view o… read more
socrateaser
socrateaser
Lawyer
39,360 satisfied customers
I am a part-time employee at a local organization that has
Hi. I am a part-time employee at a local organization that has its own office. The organization also has other part time workers at the office who come in Mondays and Fridays. The boss is out Mondays … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am wondering i am still on my dads medical and dental
i am wondering i am still on my dads medical and dental insurance i have both a physical and non physical disability i am wondering if there is a way where i can have his insurance for life and if so … read more
legalg
legalg
Other
Juris Doctorate
31 satisfied customers
Thank you for your recent advise on how best to handle our
Thank you for your recent advise on how best to handle our disgruntled ex-employee. There are a few points that I would like clarified: To recap the basis of our original question: Our employee was th… read more
socrateaser
socrateaser
Lawyer
39,360 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x