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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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My boss picks on me for dress code even though there is not

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My boss picks on me for dress code even though there is not one. Has told me who I can and cannot eat lunch with and threatened to write me up for something I didn't do.

Do I have any recourse?
Hello and welcome to JustAnswer.

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

My goal is to provide you with excellent service.

I need a bit more information from you before I can proceed to give you a thorough and complete answer.

Do you have any reason to believe that your boss is treating you different due to discrimination based on a protected characteristic (such as race, gender, national origin, ethnicity, or sex)?

If your boss is alleging dress code violations and wants to control who you eat with, it seems like his treatment may be based on sexual harassment.

Also, can you tell me if you have an employment contract with your employer, are represented by a union, or are an at-will employee?
Customer: replied 3 years ago.

My boss is a women so that may change your answer. Everyone else in my dept. wears what they want so I feel I am being singled out. She says

I shouldn't eat with people that have higher positions than me. I am not a part of a union and do not have a contract. I feel that I may be pushed out of my job because I told on my boss who is a vice president.

Hello Julie,

Unfortunately, unless you are being discriminated against due to a protected characteristic, while your employer's treatment of you is unethical, inhumane, and definitely wrong, it is not illegal.

As an at-will employee, your employer can discipline or terminate you at any time for any reason (even a bad or false one) with or without any prior notice.

This is due to 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

I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you (as I have also been a victim of an employer's unfair treatment that wasn't based on a protected characteristic), but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions.

Thanks and best of luck!
Joseph and other California Employment Law Specialists are ready to help you

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