California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law

I have worked at a college for 5.5 years receiving great

Customer Question
evaluations. Last week there was...
I have worked at a college for 5.5 years receiving great evaluations. Last week there was a 3 hr discussion saying my behavior has been a problem the whole time and with students and staff alike. During the inquisition i was asked at least five times what i do during my lunch. my boss knows i go to a aa meeting and have been sober 26 years. it was her boss asking. i said i take a lunch. i leave campus. in the next interview she said she hoped her inquiry was not misconstrued, she wanted to know if i relaxed during lunch. still none of their business. 2 days later a 2 hr continuing meeting The next day my boss came to me first thing saying she needed a hug. They pray most days in their office leaving me out front alone. They used to do it w doors open until I suggested they could get in trouble.y union rep lives next door to my boss and is watching her animals for 2 weeks. I am participating in the lynching altho I worked in hr and think there have been some serious errors on their part. All this time I was given the impression I do great work and work on rough spots as my fellow workers do as they arise. There is another scheduled this Wednesday. Hr was out last week. I wanted them there. Any suggestions?
Submitted: 4 years ago.Category: California Employment Law
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 20 minutes by:
3/4/2013
California Employment Lawyer: Joseph, Lawyer replied 4 years ago
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.

First off, congratulations on your 26 years of sobriety. That is an amazing achievement!

Do you believe that your attendance at AA meetings or your employer's knowledge of your prior alcoholism is motivating their actions toward you?

Do you think that discrimination based on a protected characteristic may also be at play, for instance, age discrimination?
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago
I don't believe my association with AA or anything related is motivating them, nor my age. I don't think being non religious is helping me. Especially in light of their sometimes daily prayer. I think the main thing is my independent thinking and lack of conforming style in general. And a big point for me is that I haven't been written up for my deficiencies, and it would be fine if the did, but this process seems ridiculously excessive.
California Employment Lawyer: Joseph, Lawyer replied 4 years ago
Hello Mari,

If you belive that you're being treated differently based on your (non) relgious beliefs then you can file a complaint against your employer with the Department of Fair Employment and Housing, which you can do using the instructions available online here:

http://www.dfeh.ca.gov/Complaints_ComplaintProcess.htm

The Department of Fair Employment will investigate the complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your employer through a private attorney.

Unfortunately, the other activity that your employer is taking, while unethical and unfair, is legal.

Due to the employment at-will doctrine, your employer is not under any oblgiation to write you up on a certain issue before taking any further action against you.

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."

I sincerely ***** ***** had better news to give you, but I hope you appreciate a
direct and honest answer to your question.
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago
Since u bring up at will, and I'm glad u did, Without will there's also up implied contract. Since I work there so long and they said my service was so good In each of my reviews, Isn't that an Implied contract. Isn't it implied in my reviews that my service has been more than satisfactory
California Employment Lawyer: Joseph, Lawyer replied 4 years ago
No, there's no implied contract no matter how good your service was and no matter how long you worked at a company.

The only thing that changes at-will employment is if your employer promises you a job for a certain amount of time, you have an explicit employment contract, or you are a member of a union.

Otherwise you can be terminated at any time for any reason with or without any prior notice.
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 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.)
1,421 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
55,425 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
1,031 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
1,031 satisfied customers
I have a California EDD situation I was in where I
Hello,I have a California EDD situation I was in where I mistakenly claimed extra benefits for 4 months. Mistakenly in the sense that I didn't understand I wasn't allowed to claim when I had a full-ti… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
We have a co-worker in the office that is always causing
We have a co-worker in the office that is always causing arguments, pushing buttons etc. I work with her just 2 days a week and the day before we're working together and that day i always have a bad h… read more
socrateaser
socrateaser
1,031 satisfied customers
I was off from a tech startup with vested shares. I signed a
I was laid off from a tech startup with vested shares. I signed a purchase agreement for the shares which was cosigned by the CEO but not witnessed. The agreement was stapled to a copy of the money or… read more
socrateaser
socrateaser
1,031 satisfied customers
Going through a edd audit. Audit questionnaire recieved. Its
Going through a edd audit. Audit questionnaire recieved. … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
I was curious about constructive dismissals. There are
There are several eyewitness accounts of one major incident and documents evidencing an ongoing problem...I do not have access to those documents though. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 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