7 mo. ago I was hired as a sales rep; 2 mo. ago my previous manager was let go. The new mgr. now wants to get rid of me even though I am still on “ramp,” and put me on a performance plan. It is true that my numbers have been low, but I work hard and have had no help from her, on the opposite. She is actively working to make me look bad professionally, by fabricating and distorting information (e.g., she is preventing me from reporting results, creating a no-win situation for me). She has also been creating a hostile work environment (she wanted to deny holiday on Thksgiving Fri!). Together, her actions interfere with my compensation and results. This is not a case of discrimination against a protected characteristic, but her actions are wrong. Unfortunately, her boss supports her.
You are an at will employee, unless you have a contract. I know California has many different employee friendly laws but, based on your facts, there is not enough information for an actual determination. You should consult with an employment lawyer in San Diego. You can start your search here on Avvo.
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The answer to your question is in your sentence: "This is not a case of discrimination against a protected characteristic, but her actions are wrong."
The law does not prohibit all actions that are wrong. It only prohibits discrimination against a protected characteristic, or a protected act. Unless your boss is discriminating against you on one of those bases, the fact that you believe her actions are wrong does not mean the law protects you.
I'm sorry to be the bearer of bad news, but that is the current state of the law.
I hope this information is helpful to you.
Craig T. Byrnes
Disclaimer: Please be aware that I am not offering legal advice, nor forming an attorney-client relationship with you. I am not representing you, nor doing anything to protect your legal rights. If you believe that you have suffered a legal wrong, take action before any statute or limitations expires, or your right to do so may be lost forever. Good luck in your legal matter.
I agree with the other attorneys who responded and would suggest that you speak with your supervisor's boss and/or HR about the matter.
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