Legal Question in Civil Litigation in California
restraining order against supervisor
my supervisor sent me an email which my union considered as harassment, intimidation and threat. the reason why he sent me that email was because he got mad at me for complaining about a co-worker who has been bullying me. he took the side of my co-worker and managed to twist things around as I was the one causing hostile work environmen. in his email he stated his expectations from me like i need to stop complainng about his favorite employee, if listed consequences if I do not comply. consequences such as he will take actions resulting in very unpleasant consequences that will create a high level of stress for me. it was a 4 page email and there were lot of harsh words that he said which are very threatening in nature, although no physical threat. what are my chances of being granted a restraining order from a judge?
2 Answers from Attorneys
Re: restraining order against supervisor
Your chances are very small. What is it that you want the Court to do? Stop being your immediate supervisor, not monitor your work behavior, not be the one to come to with complains about co-employees? If you went for a restraining order not only would he be very upset, but so would the head of the company. You ned to deal within the company to try to resolve the matter. Your union apparently is willing to act on your behalf; see what they can do. It might mean a transfer to another position not under that supervisor. Are there other company jobs you would like doing that you ar qualified for and which are about the same rate of pay, as that may be an issue that will come up.
Re: restraining order against supervisor
Little for a long term, as you are free to leave. However, this may be a constructive termination if he will not leave and a reasonable person would feel so bad in their job that they cannot work there anymore. _ however it has to be an extreme situation.
Best,
Daniel Bakondi, Esq.
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.