How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I have been a 20 year employee with my company holding a few

This answer was rated:

I have been a 20 year employee with my company holding a few different positions including a position as educator. I have always had very good evaluations and never had any sort of disciplinary issues. A little less than 2 years ago, a new director was hired and everything changed. I've been under constant scrutiny as have several other employees that are not in her "clique". I believe that those of us are being targeted may make the most money and we are performance based non-exempt employees.
I don't think she trying to fire me but that she is trying to make me resign. There is harassment over my work that is no different than my coworkers who are in her "clique".
I have discussed these scenarios that I was counseled over with other co workers and they don't understand either. An example: the last time I was "counseled" over a case, I was upset and fighting back tears and looking down and she said my name and demanded that I look at her. It was very humiliating and demeaning. I called HR and asked what my rights are as no one witnesses this behavior and they told me I have the right to have an HR rep there. My fear is that when I have an HR rep there, she will make it worse for me.
Any suggestions?

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

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Can you tell me if you believe that you are being treated differently (discriminated) against due to a protected characteristic (such as race, gender, national origin, or ethnicity)?
Customer: replied 4 years ago.

No, I am a middle aged white woman and so is my director.



Unfortunately, the type of treatment that you're experiencing, while inhumane and unethical, is not illegal.

Despite popular belief, there is no code of civility in the workplace, and there is no law that your employer must treat you fairly in relation to other employees. It is only illegal if your employer discriminates against you due to your membership in a protected class.

If it's any consolation, I personally strongly disagree with this law, and have had my own experiences of being treated worse than my fellow employees based solely on not being in a clique as well. But, unfortunately, that is the current status of the law.

I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, 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 as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!


Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

It is so disappointing that good people with no disabilities and that are white and straight have basically no rights.

I appreciate your frank answer and your promptness. I will definitely give you a good rating.


Thank you.