Legal Question in Discrimination Law in California
I worked in manufacturing at a company for about 3 years. My supervisor was my father. The company then decided I could no longer directly report to my father because we were related and moved me over to the sales side of the company. For the last 7 years, I've worked out of the same exact location where I see and deal with my father and his manufacturing crew on a daily basis. I'm now considered a sales account manager and have been reporting to the company's VP of Sales. I debate challenging to get back onto the manufacturing side of the business when appealing job openings become available. Does a company policy that forbids reporting directly to a relative have to be accepted for what it entails or can it logically be challenged? Job positions I consider on the manufacturing side appear to require me to have my father as my direct supervisor which would be against company policy.
2 Answers from Attorneys
There is nothing illegal about the policy. If everything illogical was illegal, we'd have to live in a police state with government cameras in every corner. So whether you object and rock the boat or not is a career question, not a legal one.
The employer is entitled to set and change policies, rules, hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. There are no laws against 'unfair treatment' or poor management. Also, 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 fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.
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