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:

To Joseph only, I have another situation with a combative

To Joseph only, I have another...
To Joseph only,

I have another situation with a combative employee that I need your legal advice on. She has been employed here for over 2 years. Although she has always been combative with me, not having any formal training as a manager I didn't realize this could be grounds for legal termination. She will draw me into arguments consistently There were other reasons why I didn't let her go prior to this day and time. Just to name a few I'm very understaffed and need everyone that I have on hand. Also, she is a single mother and I know she doesn't have many options elsewhere. But now its to the point that she feels its acceptable to be combative with me anytime that I bring to her attention something that I feel as her Manager that she needs to improve on. I don't have experience writing up employees but today was so unacceptable that I know I have to. Below is the beginning of the warning that I put together and realized that I have no idea if this is legally acceptable or not. Can you please take a look at it and let me know what else I can add that would keep me within legal boundaries. It will also give you insight on the situation that erupted today.





Today 5/10/2013 at 11:05am PDT A VIP called and advised you that he wanted to take an earlier flight. In turn as the person responsible for answering the phone and getting the basic information advised me that the VIP wasn't going to make his flight and wanted his options for a later departure. After I researched his options, I picked up the phone and reiterated his request and he stated "Wow, that's not what I said at all" I am ready to go now and wanted an earlier flight. Not sure who she was having the conversation with but it wasn't me. When I finished the call with the VIP I asked you to pay more attention to what clients are saying on the phone to you because you make many errors when talking to the clients and taking messages, and that's mostly with their names. You were given instruction to pay better attention as to what the client is requesting on the phone. You then became very defensive and combative with me resulting in me dismissing you for the remainder of the day.





On a side note, she is consistently late everyday by at least 2 minutes but also ranging as late as an hour on many occasions. She has been verbally talked to about this several times that she needs to be at her desk ready to work at the start of her shift. She walks in the office consistently 2 minutes past the time she is already supposed to be at her desk signed in and working but many days later than that. She is easily distracted with personal situations that result in poor work performance as well as errors.



Not sure if I can put in there that this is a warning and the next time she behaves in this manner it will lead to termination.



Any advice you can give me will be greatly appreciated.
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 7 minutes by:
5/9/2013
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified

Hello,

 

Sorry that you seem to have such bad luck with your employees. You can definitely put in there that this is a warning and that any future similar behavior will result in her termination. This would benefit you if she is terminated and files for unemployment benefits.

 

As an at-will employee, you can discipline her for any reason at any time with or without any prior warning, and can terminate her for the same reasons. As long as her relatively erratic behavior is not due to a known or suspected disability, there is nothing preventing you from disciplining in any way you see fit or terminating your employee.

Ask Your Own California Employment Law Question

Please remember to rate my answer positively or ask me any follow up questions you have!

 

Thanks!

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
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 believe I am an exempt employee, I make more than $50K/yr
I believe I am an exempt employee, I make more than $50K/yr and my contract states I work 35 hours a week. I recently worked 30 hours over the 70 I usually work in a 2 week pay period. We used to be a… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm in the process of that right now, but also wanted to get
I'm in the process of that right now, but also wanted to get some advise from a professional. I recently resigned from my position as a quality manager after 12yrs at a large biotech company. I was literally going inane it felt like and so overwhelmed with long days,hours that I could not eat or sleep well at all. It just came to the point where I had to leave for my healths sake. I'm in California and courious on the laws regarding my rights even after resigning. I know I have 30 days of my regular insurance until cobra will need to take affect but I have been seeing my GP and psychologist … read more
Legal Expert Justin
Legal Expert Justin
Law Degree
206 satisfied customers
For legalgems -------------------- My friends doctor advised
ForCustomer-------------------- My friends doctor advised him to go for a medical leave, he discussed about the FMLA and found that he is eligible for that. Now how to get the FMLA form and what is th… read more
legalg
legalg
Other
Juris Doctorate
31 satisfied customers
I'm a 1099 employee in california, am i required to give two
Second opinion] i'm a 1099 employee in california, am i required to give two weeks notice… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
Can an employee request FMLA to take off for holidays. Part
Can an employee request FMLA to take off for holidays … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
L recently filed for SDI but forgot to include 1099 earnings
Hi l recently filed for SDI but forgot to include 1099 earnings that l received this year. Do l need to report this income ? Will it affect me to revise my claim to include this income? The claim was … read more
socrateaser
socrateaser
1,031 satisfied customers
I am currently on short term disability due to Adjustment
Hi, i am currently on short term disability due to Adjustment due to bullying by my supervisor. Can he put me on pip when i go back ? … read more
John
John
Attorney
Doctoral Degree
5,777 satisfied customers
I was forced to go back to work without being released from
Hello I was forced to go back to work without being released from my doctor in order to keep my employment. Now after two months of being at work my doctor took me off on disability again and … read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,100 satisfied customers
My former employer is witholding my final check until I mail
my former employer is witholding my final check until I mail him back the key. is that legal? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
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
1,031 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
Doctoral Degree
1,467 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
1,031 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 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
Doctoral Degree
1,467 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

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