Legal Question in Employment Law in California

harrasement or discrimination

my manager has his degree in psychology. on several occasions he has conveyed to my fellow coworkers that their job performance is related to something in their background. he has then tried to investigate and uncover personal information and then suggested counseling and/or books that will help the person be a better employee. is this an area where he can involve himself? what are my rights if i am uncomfortable with this wituation? i am concerned he will try to use this tactic with me in the near future. how do i address?


Asked on 1/04/06, 5:13 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: harrasement or discrimination

I once had a supervisor who wanted his employees to go to his spiritual guru to reveal their dreams, so they could be used for other purposes later. If reading is a job requirement, then you should be paid for the time to do it. Of course, it depends on the nature of the job. Depending on the type of "counseling" involved (a la the spiritual guru), I would say "no" unless it's specifically job-related to directly improve your job skills and not to change you as a person. I suppose more information would be needed about what the company required the others to do, and how invasive the "counseling" sessions are.

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Answered on 1/09/06, 7:05 pm
Terry A. Nelson Nelson & Lawless

Re: harrasement or discrimination

Investigation of employees' private lives and background might constitute invasion of privacy. If it happens to you, consider promptly discussing the situation with an experienced attorney. You also should consider making a confidential report to management of the behavior, requesting guidance from them. Contact me if you end up needing legal help.

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Answered on 1/09/06, 8:56 pm


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