Legal Question in Employment Law in California

Hostile environment/Discrimination

I have worked for a company since 1986. I left it in 1996. I was asked to come back 8 months later. Instead of a director tile that I asked for, they gave me a manager tile because I didn't have a Master degree. A director with a Master degree was hired and later let go. They put a person with much less qualification than I as the interim director. He did not work out and a director with a Master degree was hired. About 7 months ago the director was let go. They put the HR director as the interim director with the intention of making him the director. Yet the HR director does not have a master degree. They lower the requirement to accommodate him. So I asked to be considered and was granted an interview. The HR director won the position even though he has had no IT experience. He starts to ignore me. I feel being isolated. He involves other members of the department in decision making but me. Last week he presented me a memo regarding my performance deficiency and gave me 30 days to show improvement. I was so stressed out and left work. I don't want to work there anymore but I don't want to just walk out without any severance pay. What should I do? I feel I am being discriminated against. Is it a discrimination case?


Asked on 6/05/04, 1:34 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Hostile environment/Discrimination

Discrimination? Not unless you are claiming to be in a protected class like race, age, gender, etc under the civil rights statutes. Absent that, you are an at-will employee subject to hiring and firing at their discretion. IF you want to leave, do so before claiming job stress (WCAB issues) or abandoning your job (justified firing). Get an attorney to try to negotiate a separation with severance. Contact me if interested in discussing facts and costs.

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Answered on 6/07/04, 8:39 pm


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