Legal Question in Employment Law in California

I was employed with a company for 1 year and 4 months. During the course of my employment I reported a situation with one of my supervisors to HR .The supervisors was telling me about other employees reviews and disciplinary action plans ,as well as people sexual orientation and criminal pasts. As a result of this behavior I applied for a different position with the company while the investigation was ongoing. They repeatedly brought me in for interviews and said if we find out this accusation is false there will be disciplinary action. I stated that if they are trying to get me to recant my statements that I would not because they are the truth I also told them I felt like I was being punished for doing the right thing. The end result was they wanted to neutralize the situation and by moving me to the position I applied for which was a lower pay grade but I would keep my current salary. They also stated that they would put a record of this situation in my file as a tickler. Fast forward 7months to another situation in which I felt I was being treated unfairly and once again turned to HR to help resolve the situation. By the end of the first meeting I felt that nothing was resolved I feel I took accountability for my actions (taking work home with me) because I was given a job in addition to my regular duties that by definition was outside my pay grade. Feeling unsatisfied with the outcome I tried to put in notice I gave them 2 and 1?2 months notice and when I turned it in I was asked if i was willing to hold off and meet with hr and my boss and the store manager to see if could come to a resolution. The meeting was held two days later and when the meeting started I was written up for taking work home with me which I take full accountability for. But when I tried to bring up my concerns I was cut of and not allowed to present me documentation of facts I was told that we can do the he said she said all day but what would that accomplish. But that fact of the matter was I had written truth to the contrary. I was told that they needed to here from my moth that I was willing to put this behind me and move on and I voiced my opinion that I really didn't feel i was being heard and when confronted about a few of the circumstances that happened my supervisor blatantly lied and they would not even look at my proof. So I put in my 2 weeks notice. I asked to see my personnel file which is my right by law and when I looked at the file none of the reports I made to Hr were in there they said they don't keep records of that in a person file they keep personal notes that I don't have access to .I really feel that my concerned were brushed under the table minimized and after every meeting I was walking out in tears .To me these are clear ethical violations as well as integrity issues and I felt that I could not compromise my beliefs and continue to work for a company that could. Will I qualify for unemployment?

Asked on 12/04/10, 11:27 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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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.

Answered on 12/09/10, 12:22 pm

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