Legal Question in Employment Law in California

My boss constantly drops comments that I feel are inappropriate. Like: "you need to get a prescription from your doctor, for oxygen, since you suffer from migranes". another; "you need to finish all SOP's cause if we need to replace you, the new employee will be able to do your job". My question, can an employer get away with talking like that to an employee? I live in CA. which I know is an at will state. Please advise.


Asked on 10/03/11, 9:41 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

There no laws against 'unfair treatment' or poor management, and 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.

HOWEVER, if you can show this conduct and language is essentially discrimination, harassment or retaliation as defined under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes, then it would be 'illegal'. You haven't made that clear. If it fits under those definitions, feel free to contact me for the legal help you�ll need.

Read more
Answered on 10/04/11, 10:02 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California