Legal Question in Employment Law in California

I would like to find out if my father would have a legitimate claim,

His company fired about 400 of their employees last year; they could not fire my father because he would have grounds for wrongful termination if they did. He�s never had any strikes on his record with the company and until recently it was a comfortable working environment for him. Within the last 3 months he is now working triple the work load with a 20% reduction in pay, he is now the only instructor in a class of 20 people which in this profession is very dangerous, and has the potential to get one of the students seriously injured or even killed. When he told his boss that, he was told to just deal with it, and now they are starting to harass him saying if he does not each his lunch and take his break in a certain area they will fire him. His boss is also bringing him in everyday harassing him about everything he does even after he gets 2x the work done than the other instructors even in his present working conditions. For some reason he is the only instructor to be targeted like this, we think they are trying to force him to quit because they know they cannot fire him. We are at our wits end and need help. If he quits they will win and we will probably loose our house. We rely on his income, but these mental games they are playing are destroying him.

I also suggested he take a digital voice recorder to work so he can start gathering proof of the harassing meetings, would this be helpful in a possible suit?

Also what kind of lawyer would he need for a case like this, currently or if they do fire him.

Thanks

Vanessa


Asked on 10/21/09, 12:41 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Unless he has a written employment contract specifying termination issues, or is in a union, or is specifically protected by some statutory scheme, neither of which you mentioned, he is an 'at will' employee that can be fired any time for any reason, just like the 400 others that were fired earlier. Unless he has a valid claim that they are trying to force him to do something illegal, then his claim is simply 'harassment' which is NOT illegal, even if intended to make him quit. That is simply a management style, poor as it may be. As an at will employee, he either keeps the company happy, or he gets fired, or he can quit. If he is fired in retaliation for refusal to do something illegal, or for refusing to do something actually violating workplace health and safety laws, then he might have a claim of wrongful termination. Taping someone without their consent constitutes a felony, which I don't suggest he risk. If he gets fired, and he can show such retaliation, then feel free to contact me.

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Answered on 10/21/09, 5:55 pm


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