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 Gerald, Esq Your Own Question
Gerald, Esq
Gerald, Esq, Lawyer
Category: California Employment Law
Satisfied Customers: 3920
Experience:  30 years of experience
Type Your California Employment Law Question Here...
Gerald, Esq is online now
A new question is answered every 9 seconds

My Director called me a "pain in the" while I was speaking

Customer Question

My Director called me a "pain in the ass" while I was speaking to him on the phone. After thinking it over I told my site rep about the incident. The BETA union president went to go speak with him and she said she would have him apologize. I work at two school sites. At the afternoon site the principal called a meeting and said she would contact the site rep to be at the meeting. She did not inform me of what the meeting was about or that the Director would also be at the meeting. The Director gave me a document that stated I did not test students on a yearly basis and must go back and test each student that had not been tested that year. Testing is only required every three years. The deadline is May 15th for all students not yet tested. The document also stated that I did not perform well the preceding year and he gave me time in the Special Education office to catch up with my work. The IEP's I was to work on has Casemis errors due to dates. Dates from the original referral of assessment and when the IEP was held. I was changing dates because the school psychologist took longer than the required time period to do her testing and to hold the IEP. This is also referred to on the statement as me not completing the required tasks on time. Not my mistake. There are other such incidents over the last few years. The assignment I have now is a punishment. The statement and deadline he has for me now is also a punishment. Can I sue for unequal and unfair treatment. There are too many incidents like this to write them all down. I will be the only Resource Specialist that will have to test annually.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Gerald, Esq replied 1 year ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

This sounds like fairly typical retaliatory action by the employer. Under California law, workplace retaliation is unlawful when your employer punishes you when you engage in protected activities. Protected activities include complaining of workplace harassment.

You can sue for unlawful retaliation in the work place. These cases are complicated and you want an experienced employment discrimination attorney to assist you. Most attorneys who do this work will meet with you to assess you case at little or no charge. The laws in regard to retaliation allow you to recover your attorneys fees as well as punitive damages in many cases. So it is worth your while to contact local counsel.

This link can assist you in finding an attorney in your area:

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,


Related California Employment Law Questions