I feel so stress out I don't even have a normal life anymore. My boss wants to fire me but his trying to find a reason by making seem iam the one making alot of mistake and putting his favor girl he was datting to do my work for him.I already told HR how his acting with me they ignore me and his treating so bad..what should I do
If you are at a lost for what you ought to do and/or are uncertain of your rights as an employee, you should get a lawyer. Having a lawyer and knowing your rights may make you less stressed out.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Unless you have a written contract that provides otherwise or are protected by a union contract you can be fired for no reason (only not a prohibited reason.) Working for a jerk who causes stress and an HR department that doesn't care doesn't like a 'hostile work environment" but perhaps employment law specialists might feel differently.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Unless you had a whistle blower claim then the boss can retaliate against you for any reason.
This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.
I am always dubious about contentions that the employer or the supervisor is trying to "find" or "set up" a reason for terminating the employee. I am dubious about those allegations because the employer/boss does not need a reason. In California a (non-union) employee can be fired for any reason at all (other than unlawful prejudice such as race, religion, etc.) or even for no reason. So why would the employer or manager engage in protracted shenanigans just to accomplish what could have been done in 5 minutes at any time? Who works that hard to obtain a right that they already have in their pocket, useable at any time?
More likely, you are detecting that your supervisor is no longer satisfied with you as an employee, for whatever reason. That leaves you three options: (1) wait it out and see what happens; (2) quit and go somewhere else to work, somewhere that you will be appreciated; or (3) do your best to turn the situation around by honing in on what the boss is unhappy about and what can improve the situation. That's the universe of potential solutions here. Of course you can get a lawyer -- and you should by all means talk to an experienced employment lawyer about the specific facts of your specific case. And, then, you will still have the same three options for resolving this situation.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
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