Legal Question in Employment Law in California

What can I do if I feel I am being wrongfully disciplined at work along with other employees? We feel we are being forced out. There have been many associates that have lost their jobs company wide, and now I am being targeted. I am under a great deal of stress, I am losing sleep and I am having trouble focusing on anything outside of work. I.E family, school etc. My current supervisor feels I am doing a great job, but our District Supervisor changes my monthly review to a lower score so that I have to be disciplined on performance. He has done the same to others. Our employer is "at will", but I feel we are being documented wrongfully, and being put through unnecessary stress at work.


Asked on 3/20/10, 12:37 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, etc. Employees have the 'right' to pay and employee benefits per the law and company policy as agreed, provided a 'safe' workplace to minimize risk of injury, and sometimes are provided certain medical/pregnancy leave rights. That's about it. 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, other than illegal discrimination or retaliation under the Discrimination, Civil Rights, or Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 3/25/10, 4:42 pm


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