Legal Question in Employment Law in California

I currently have an issue with a receiving supervisor that I was not told to report to in the first place, made an assumption one morning that he came in earlier than usual and asked me with a tone (what was I doing and where) I said I was working in the back of the warehouse and he made an expression like he did not believe me and said " I didnt see you back there" with a tone in his voice. By the time I saw him in the morning I was coming out of the restroom and he thought I was not doing anything but I was definitely working. Then he told my manager that I was wasting time and that I was not doing anything, now I am afraid that I will get fired. The problem is, I dont think Human Resources will do anything because I have seen particular cases and I dont see any results from the person that did something wrong. I am afraid that if I go to HR, this will trigger Disciplinary action, retaliation,etc, etc. against me. This particular supervisor has been unappropriate to some employees and has said out loud " I am going to fire such and such or I am going to write up such and such" As for now, I am documenting what happened in our work email and printing it out so I can keep it for my reference. Can I do anything legally to resolve this matter ? Pls be aware that I feel that if I go to HR, then even if upper management does not admit it, they will take it personal then I am out of a job. (especially in this economy)

Thank You!


Asked on 8/12/09, 4:13 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

As an 'at will' employee, you can be fired any time for any reason. Resolution of this means keeping your employer and supervisor happy with you. Talk to HR or not, your choice.

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Answered on 8/12/09, 5:59 pm


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