Legal Question in Discrimination Law in California
I was involved in a verbal argument with a coworker. No threats were made and no physical contact was made. I retreated to my supervisors office and did not receive any assistance from him. I was placed on Administrative Leave for 3 months. On the fourth month, I was placed on 30 days with out pay for a first time offense with no write ups.
When I returned to work I was told by my supervisor that he had not problem during my absence and that my peers were afraid to work with me. I was later told that the incident was racially motivated and several coworkers told me of some of the racial comments made by the coworker. Noone reported it to a supervisor or anyone.
After a few months, two employees were involved in a physical fight and the police was called. Noone was arrested and the two were sent home. Two days later the two returned to work pending an Administrative review.
I found it odd that shortly after I returned to work, the Director of HR who happened to be black resigned and left.
What if anything can I do?
2 Answers from Attorneys
You should consult with an attorney with a background in employment civil rights issue. My sense is that there either is NO policy on conflicts between staff or that the policy, such as it is is not evenly enforced (hence the resignation of the Black HR Director). You should consider filing a complaint with the California Department of Fair Employment and Housing. You also need to keep a record documenting your experiences in the work place. I would also suggest looking for another job.
Not only are there no laws against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice.
Above and beyond that, apparently other employees complained about fearing you. That would be proper grounds for discipline or your termination.
However, if you can somehow show management fabricated those stories, or you could show management knew them to be false, and that the conduct and discipline was actually motivated by discrimination as defined under the Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc] statutes, feel free to contact me for the legal help you�ll need to bring legal action.
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