Legal Question in Employment Law in California

Hi,

I just had a question about something, I wanted to know if it's considered retaliation or if it's against Labor Laws.

Scenario:

The office manager was told about a posts on Facebook about an employee complaining about her job, but the post had no mention of a specific person, or the Company name. The manager sat down with that person and told them about the post they were told about. They had a discussion about the post being an opinion of that individual. The office manager said "I can't write you up for it, but I will have to take some of your privilages away. Like being able to take a long lunch to pick up her daughter, and changing your schedule to be a specific time only".

Is the employer in the right to do that? I do understand that there is no rule about being lenient on the work schedule, but my question is does that sound like retaliation or punishment since the Manager can't fire or write them up?


Asked on 2/22/12, 9:27 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You need to understand the reality of employment.

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 per the state minimum wage and hour laws and any formal company policy on benefits that may be in place, the right to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled by law to certain medical/pregnancy leave rights. That's about it. Not only are there no laws against poor management, 'unfair treatment', or rude and obnoxious behavior, 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. That is, UNLESS it is based upon discrimination, harassment or retaliation as defined as actually �illegal� under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced.

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Answered on 2/22/12, 2:51 pm


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