Legal Question in Employment Law in California
My daughter in-law was terminated from a civilian position with the Marine Core for complaining to HR about harassment (verbal abuse not of a sexual nature) from her manager. Is this legal? Would this fall under wrongful termination? Does harassment have to be of a sexual nature? In yes, then where would a manager who verbally abuses an employee, make unreasonable work demands and creates a hostile environment fall under? The employer claims that she was under the one year probation period. She lacked a couple of weeks to complete her first year of employment.
2 Answers from Attorneys
Harassment does not have to be sexual, but it has to be based on a legally protected class, e.g., sexual, gender, race, religion, etc. Otherwise there is no legal protection. A manager who verbally abuses an employee, makes unreasonable work demands and creates a hostile environment, but none of it is based on discrimination or sexual advances, falls under nothing more than bad management.
Harassment is only illegal if based upon one of the Civil Rights protected categories, like sex, age, race, etc. Not only are there no laws against 'unfair treatment' or poor management, 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 fired any time for any reason, with or without �cause�, explanation or notice. Now if the firing was illegal under those definitions, feel free to contact me for the legal help you�ll need.
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