California Employment Law

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I am currently on short term disability due to Adjustment…

Customer Question
Hi, i am currently...

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 ?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time at will employment

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am new at the company, since June i am employed i dont have evidence that my boss bullied me though there are witness they report to him

Submitted: 8 months ago.Category: California Employment Law
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Answered in 15 hours by:
11/18/2017
California Employment Lawyer: John, Attorney replied 8 months ago
John
John, Attorney
Category: California Employment Law
Satisfied Customers: 6,009
Experience: Licensed and practicing attorney.
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Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

I'll need to ask you some preliminary questions before I can give you an answer to your question. Are you in a union or do you otherwise have a contract for "just cause" (as opposed to “at will" employment which is the default employment condition)? Do you think the manager who is bullying you has an ulterior motive intreating you poorly, perhaps your age, race, gender, disability or religious beliefs?

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Customer reply replied 7 months ago
It is an atwill employment contract.I dont have data to say why he is abusing, except being aware that he has some emotional disorder and not normal.He under rates himself and over reacts to everything I do. He is easy on others.
California Employment Lawyer: John, Attorney replied 7 months ago

I see. Here's the problem with your matter. Because you are at will, you can be disciplined or terminated for any reason that is not otherwise a violation of law. These exceptions are the civil rights protections (e.g., age, race, sex, religion), violations of public policy (e.g., fired for attending jury duty, for refusing to break the law, for reporting illegal activity by the employer (aka a "whistleblower violation"), or having some contractual right to a just cause employment (meaning the employer cannot terminate you without industrial due process - which basically insures a fair and accurate investigation and decision). Without any of these exceptions, courts find that the employer has a legitimate business right to operate its business however it sees fit and the court will not second-guess the employer. These policies and decisions may in fact be awful and clearly not fair or even make good business sense. However, they are not ultimately unlawful. Your medical leave status doesn't provide legal protection when you are again released back to work, and you don't seem to have any of the other exceptions to at will employment. Sorry to inform you.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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Customer reply replied 7 months ago
I can ask for reasonable accommodation based on ADA, for anxiety. Accommodation is asking him to document everything. So far he does discretely. I can talk to HR and explain. Reasonable accommodation may not allow me to take transfer. But a tool to handle current situation. That way performance can be tracked. I can use ADA to handle the situation better. When he uses the phrase "You are the most senior person ..." I can remind him of age and let him understand.
California Employment Lawyer: John, Attorney replied 7 months ago

Those are both valid legal points, and to further those points, you need to somehow tie the PIP (or more accurately stated) the rating of your performance to the anxiety/reasonable accomodation and age. In other words, do other similalry situated employees without an ADA defined disability or without being of the age of the ADA have the same or lesser performance and get rated higher than you. Hope this helps. Thanks.

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California Employment Lawyer: John, Attorney replied 7 months ago

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. If you do not rate the answer positively, the website does not credit me with answering your question. Thanks.

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