Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

human resource violations. Write ups that are false. I work

Customer Question
human resource violations. Write...
human resource violations. Write ups that are false. I work as an esthetician and am a commission employee. My coworker/mentor has done nothing but harass, put down, and lie to the owners about me for the full year than I've worked there. I have been to management several times and have it documented on both sides and they promise things will change and nothing has happened. I don't know what my rights are in a situation like this. They made me sign a write up under deres because if i didn't I was to write my letter of resignation right there.
Submitted: 6 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 6 minutes by:
3/4/2011
Employment Lawyer: Marsha411JD, Lawyer replied 6 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,554
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Hello,

Can you tell me if your employer has a written policy that requires a certain number of write ups before they can terminate an employee or are you strictly an employee "at will?" Is the person is who making the statement about your performance management? When you say you have been harassed, is there something other than write ups going on and if so, what? Do you have any idea why you are the one being targeted? Are there other estheticians who are not being treated this way? If so, what makes you different?
Ask Your Own Employment Law Question
Customer reply replied 6 years ago
I believe it's 3 write ups then they stop scheduling you. They don't fire people because they don't want to pay unemployment. That's why one of the owner's was demanding that I write a letter of resigination. The person making the disparaging comments about me is my equal, she has senority, but is my equal. Her and I started of on the wrong foot from the begining. There is not enough business for the 2 of us so she's felt that I'm taking money out of her pocket by being there. So she's done everything in her power to try to get rid of me. And as far as the harassment goes it's mainly name calling ie. you're worthless, stupid, idiot, useless. She also is head of the rumor mill and has told people that I'm toxic, that I'm on drugs (which is not true). I've been to management several times stating that I felt harassed and that this was a hostile work environment.
Employment Lawyer: Marsha411JD, Lawyer replied 6 years ago
Hello again,

Thank you for the information, it was helpful. First though I want to clarify that "hostile work environment" is a legal term of art that only applies when the severe and pervasive acts are motivated by unlawful discrimination against a member or members of a protected class under employment discrimination laws. So, that means that unless you are in a protected class and that is what the motivation is for this versus a personality conflict and just plain unprofessionalism, then you don't have a harassment complaint that you could pursue in court or with the DFEH.

That leaves the issue of your continued employment and write ups. If the employer has a written policy or practice where they give people warnings prior to termination, then they must follow that policy. Of course, that doesn't mean that you can't be written up for things that you don't agree with or find truthful and then still find yourself out of a job. However, if you could show that the employer knew that the issues you were written up for was false, then you might very well have a wrongful termination claim, since they would have violated the covenant of good faith and fair dealing, which is required to be followed by employers in California. You would have to pursue that though with a private attorney.

If they did not have substantiation for their write ups, then you would also be found eligible for unemployment benefits should you lose your job, which hopefully won't happen. If I were you, I might start keeping a daily journal or log of your activities and any run-ins you have with this other person, just to have something to refer to in your own defense or should you need it in the future.

I, like the other Experts on this site, am here to assist customers like you. However, we do so in anticipation of being paid for our efforts, just like other professionals do, since this is our livelihood and not a hobby. To that end, I am more than happy to clarify my answer to you and answer any related follow up questions that you might have for the value that you have offered for the question. In return, I ask that you show good faith in compliance with the TOS by accepting my answer, whether the news is good or bad, so that I will be paid for my efforts.

Ask Your Own Employment Law Question
Customer reply replied 6 years ago
What's the definition of protected class. Because she'll pull appointments off my books just because she's mad at me that day. I'll walk into work and before I have a change to put my things down I'm getting yelled at for god only knows what. I feel that I'm walking on egg shells at work. I've asked for a schedule change so that I could minimize my contact with her. The managements response was "we need to look for another esthetician". Another problem there is the owners are only there thursday-saturday. There is no management for the remainder of the week. I also told the owners that i was diagnosed with GAD and MDD and their treatment towards me since then has changed.
Employment Lawyer: Marsha411JD, Lawyer replied 6 years ago
In California it is unlawful to discriminate on the basis of: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. Remember though that just because you are in a protected class does not mean that the treatment is based on that fact. So, although you could always file a complaint with the DFEH, they would have to find that the facts supported the conclusion that your membership in the class was the reason for the treatment.
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,554
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Marsha411JD and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,554
20,554 Satisfied Customers
Experience: Licensed Attorney with 29 yrs. exp in Employment Law

Marsha411JD 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:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

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

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

20,554 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I have a question about unemployment benefits and EEOC
i have a question about unemployment benefits and EEOC procedures … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
It is about wrongful termination. Georgia. There is much to
There is much to this. Yes, I signed a termination paper but was so mad at the time I did not read or get a copy. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was denied an appeal for unemployment benefits as I
I was denied an appeal for unemployment benefits as I misread the letter they sent to me. I didn't notify them the day before the set telephone conference so they denied me benefits. I want to appeal … read more
Michael Bradley
Michael Bradley
JD
1,192 satisfied customers
I have a question about a potential wrongful termination
Hi Pearl, I have a question about a potential wrongful termination situation … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
Regarding: unemployment benefits As a manager, I was told
Regarding: unemployment benefitsAs a manager, I was told privately that my responsibilities were a failure, having role functions halted, re-assigned to others, and team re-assigned to other departmen… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can I sue my employer for wrongful termination because of
Can I sue my employer for wrongful termination because of retaliation of people who caused a hostile environment for me? It led to my discharge a couple days ago blaming me I was a good fit for the te… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I need assistance on unemployment benefit qualifications. I
I need assistance on unemployment benefit qualifications. … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I just learned I was denied unemployment benefits due to RCW
Good Evening my name is ***** ***** I just learned I was denied unemployment benefits due to RCW 50.20.050 WAC 192-150-110 and WAC 192-150-085. … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
I am the employer with an unemployment benefit claim against
I am the employer with an unemployment benefit claim against me from my ex employee that is also my step daughter. She had really been slacking on her job and not completing assignments given and givi… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
Regarding potential wrongful termination. My company just
regarding potential wrongful termination. My company just fired me without warning and without giving a reason. I did sign At Will agreement. I live in CO and my company's legal HQ in CA. I was a mang… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My case is complex but there was wrongful termination,
My case is complex but there was wrongful termination, discrimination, etc I️ was told that bc the company has 5 employees I️ do not have an employment law case … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can I apply for Unemployment Benefits a month after my last
Hi! Can I apply for Unemployment Benefits a month after my last day of work? State is MN. … read more
Marsha411JD
Marsha411JD
Lawyer
20,554 satisfied customers
My unemployment benefits were suspended. Because I filed
Hi my unemployment benefits were suspended. Because I filed disability. I was givin wrong information from the social security administration. I have a lung disease .i was laid off from my job in Augu… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question about unemployment benefits in Texas.
i have a question about unemployment benefits in Texas … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What is the statue of limitations on wrongful termination or
What is the statue of limitations on wrongful termination or discrimination? … 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