Taken as a whole your post suggests that you are caught in a prolonged and complex personal conflict with your boss. That can be a very stressful situation, but the legal rights of the employee in such situations are very limited.
For the most part, the law does not enable defamation (slander or libel) claims based on employment performance evaluations. The boss is not only allowed to state an opinion of the employee's performance, that is the assignment by the employer. And any employment review is by definition opinion, and defamation claims cannot be successfully maintained an opinion, even if the opinion is provably wrong and unfair.
An emotional distress allegation in these circumstances is also highly dubious. The employee's exclusive remedy for any physical or psychic injury sustained in the course of employment is through the worker's comp system. The work comp system is by and large a "no fault" system, but a claim based on injury or illness caused by the employee's reaction to supervisor's expressed disapproval of employee work performance is not likely to be a successful work comp claim.
It is not bullying when the supervisor or employer criticizes work performance or instructs the employee in different conduct, even if there is anger, frustration, hostility and disrespect in the employer/manager's interactions with the employee. The law acknowledges that the employer is paying the employee to do what the employer wants, the way the employer wants. When the employee fails to satisfy, the employer's disapproval matters and can be acted upon. That is the core of the concept of paid employment: it is for the benefit of the employer.
The employer has a legal right to terminate an employee for being non-responsive, uncooperative, defiant or otherwise giving bad attitude in response to an employment write-up or even verbal corrections and disapproval. The employer has that right even if the write-up or criticism is factually wrong, and even if the employee is not at fault for the issues detailed in the write-up or criticism.
Do you have any evidence on which to base an allegation that the underlying reason for the supervisor's original write-up, or the supervisor's unpleasant follow-up to your rebuttal of it, is based on your race, religion, or another protected characteristic? If so, then you will want to immediately consult with a local employment discrimination attorney. If the protected classifications of race, religion, etc., are not the reasons for your supervisor's disapproval and treatment of you, then it may be time to look for a new job or to somehow find the emotional stamina to take the initiative to try and repair this damaged relationship.
When the employee get sick because the employee is offended by the employer's expressed dissatisfactions with the employee's work performance, the employee does not enjoy meaningful legal protections.
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I am not a CA lawyer, but Ms. McCall's answer is spot on. The courts are not going to get into a "she said, she said" dispute between you and your boss. Unless you are a member of a union or have some form of a written employment contract that governs such things, you are what is known as an "at will" employee. That means you can quit for no reason, and they can fire you for no reason. So in a situation like you describe, it is better to make nice then risk losing your job.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
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