I received a final writeup without receiving a verbal, first writeup, or second writeup. HR just jumped into what my supervisors where staying. Without giving me proper training they send me of to work in less than two weeks. I'm a mechanic assist...
Most private sector employment is purely "at will" and as such can be terminated at any time for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc) or retaliation for engaging in certain protected activity (filing a workers comp claim, taking FMLA leave, etc.), regardless of whether the basis for termination is fair, reasonable or true.
Assuming your employment is at will, your employer has no legal duty to provide verbal or "preliminary" write-ups before letting you go. I think it is also important to understand that HR is a branch of the company you work for. Even though HR usually acts as an intermediary between employees and management, they do not owe employees a duty of loyalty. So, it would not matter from a legal standpoint that HR blindly agrees with your supervisors. All you can do is attempt to meet the performance standards of your employer, however unreasonable they are, or seek alternative work where the expectations placed upon you are more realistic.
Best of luck.See question
Girl friend was yelled and bullied by manager repeatedly, she resigned and then the business decided to fire her two hours later for not taking a second breath test after she received a zero on first breath test ! She held job for 11 years.
As noted by one of the other responders, AB2053 simply requires employers to provide training on bullying, it does not make bullying illegal. Bullying is only illegal if it relates to a legally protected trait, such as race or religion. Simply being rude or hostile for other reasons does not violate any law.
Regarding the breath test, CA law allows employers to conduct breath tests if they have a reasonable suspicion of alcohol use. This is a fairly relaxed standard that in most cases will be satisfied by observing erratic behavior, smelling alcohol, or receiving reports of inebriation. But even if your girlfriend's employer was seeking to conduct an illegal breath test, she had already resigned by the time she refused it and so most likely she would be barred from claiming damages for "wrongful termination" based on a retaliation theory. One cannot be wrongfully terminated if one has already voluntarily ended their employment.
By all means consult in more detail with a local attorney. But your girlfriend should be prepared for the possibility that her only recourse here is to apply for unemployment benefits and move on. I wish you both well.See question
I have worked for law enforcement in Southern California for 6 years. This department has certified me as bilingual in Spanish and I even receive bilingual pay. It first started when officers would make unprofessional comments over the radio whe...
If it's a legitimate safety/operational issue then the request is legal. However, if this is solely an effort to single you out and "harass" you without any legitimate purpose then it might be construed as creating a hostile work environment based on race. Keep in mind, though, that in order for a hostile work environment based on race to be legally actionable, the hostility must be so severe or pervasive that it materially alters the terms of employment. Asking you to alter your pronunciation of street names, even if requested for the improper purpose of causing you grief, may not rise to that level on its own.
I hope this helps.See question
I bid for a position and I got it. The HR told me I would start getting payed the amount shown on the job bid. My supervisor comes up to me the following week and says I can have the position but not the raise. Why would they give me a position th...
The position "earns" what your employer tells you they are willing to pay for you to do that work. Employers are not legally required to follow their own internal guidelines for what certain positions are typically paid. The only exception would be if you could prove that you were being offered a lower rate for a discriminatory reason, such as your race, religion, gender or sexual orientation. Then, you might have a civil rights claim. I hope this helps.See question
Last year I asked my employer for a promotion to 'supervisor'. During the year I took on additional responsibilities and direct reports, so I thought the request to be fair. My employer told me that additional responsibilities and direct re...
As the other attorneys have explained, the legality of what you describe comes down to your employer's motivation. Specifically, are they making it more difficult for you to advance BECAUSE you are a woman? Motivation can be very hard to prove, but it's certainly possible. You should consult with a local employment attorney to determine whether you have facts that are strong enough to justify a legal claim or threat.See question
I was hired by Target after 7 interviews. Quit my job, went through orientation. When I asked for my schedule I was told someone would call me. No one did. I called several times no one called me back. Now they want me to sign a paper saying that ...
It sounds like they could not get a hold of you when it came time for you to start your job. It is not illegal to terminate an employee on this basis, even if the fact they couldn't reach you was in no way your fault. This is because employment in CA is "at will" and as such can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.
You certainly don't have to sign papers saying you resigned, though. In fact that may be unwise as it may hinder your ability to collect unemployment benefits.
Good luck to you.See question
I may have been a victim in a anti discrimination that may have been settled out of court . I recently found this out by the accuser whom did not inform me at all he also was fierd.I was never hired can I still receive compensation for this if I w...
Employment discrimination matters are rarely handled on a "class action" basis. Assuming this was not a class action, you would have no right to settlement money from someone else's lawsuit. You would need to file your own lawsuit. Rigid deadlines restrict when these kinds of lawsuits can be brought. You should immediately consult with a local attorney to determine whether there is still time for you to take action of your own. Good luck.See question
My department chair at my graduate school wrongfully accused me of being a sexual predator and I am no longer allowed to enroll in school. She hired a private investigator who has broken into my house and have destroyed evidence that they had bee...
If someone broke into your house, you should contact the police as a crime has been committed. It is unlikely that anything can be done to challenge the enrollment ban at the university, but if there was you would need to speak to an attorney who specializes in education law. It might be possible to bring a civil claim for invasion of privacy. You would want to speak to a personal injury lawyer about that. I hope this helps.See question
An employee's spouse was recently hired by one of our biggest competitors as a supervisor. The employee has access to everything with us, including customer lists and pricing information. This employee did not give us notice of the spouse's new em...
The general rule in CA is that employment is at will and thus can be terminated at any time for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc) or retaliation for engaging in certain protected activity (filing a workers comp claim, taking FMLA leave, etc.), regardless of whether the basis for termination is fair, reasonable or true. The reason you have supplied is perfectly legitimate and lawful. But the fact you are asking such a basic question about California employment law (a state with some of the most complicated employment laws in the U.S.) underscores the importance of having an employment attorney on retainer for regular consultation and advice. It's a deductible business expense, and it will save you big time in the long run in the form of avoided legal exposure.
Good luck.See question
regarding the theft of my wages given The US Supreme's Court 2011 decision in Kasten v. Saint-Gobain Performance Plastics, Corp.?
FEHA has to do with discrimination on the basis of legally protected traits, not "wage theft." A complaint about "wage theft" would not trigger any protection under FEHA. Whether you are protected under any other statutory scheme is impossible to say based on the limited facts you have supplied. What is clear, however, is that you are in over your head. Retain a local attorney to determine how you should proceed moving forward. Good luck.See question