Legal Question in Employment Law in California

I know my boss is retaliating against me..I have mentioned this to his boss and to Human resources..they have not seem to help me out..it is still going on that my boss is retaliating against me and once again I e-mailed this to his boss and to Human resources and now they want ot have a meeting with me...Do I have a case? should I bring someone with legal expertise to this so-call Meeting?


Asked on 12/06/10, 9:34 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

The real question that has to be addressed is why is your boss retaliating against you. If he is retaliating against you because you have exercised a right protected by law, it could be considered unlawful retaliation. But if he is retaliating against you for some internal political reason or he just doesn't like you, our laws do not protect employees for such things.

If you believe you have evidence your boss is unlawfully retaliating against you, you should review the facts with an experienced employment law attorney to explore your options.

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Answered on 12/13/10, 11:20 am
Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the CA wage and hour laws, and formal company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. There are no laws against 'unfair treatment' or poor management. 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. Now, IF you think you can prove such illegal discrimination, harassment or retaliation, feel free to contact me.

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Answered on 12/13/10, 3:33 pm


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