Legal Question in Employment Law in California

Libel or insult?

Same employer 13 yrs,almost 10yrs. in same building.

Transfered 3 yrs to Ok.Back a yr. and half to Calif.

I've been Service/Sales Manager 8 yrs. All my reviews

have been scored EXCELLENT... Till this store.Never had

my mid year review(yes I kept asking about it).Annual

review was scored Satisfactory.Filled with instruction

of things I ''SHOULD'' improve.100% I do andmore.(13yrs).

Just got married. But,prior to getting married, 15 of 16 weeks my ''weekly'' paycheck reflected O.T. sometimes double the amount TAKE HOME. Was told taking the day off for that was not appreciated.Besides my father's death, mother's heart attack that was the only time in 13 yrs I took an unexpected day off.Was ''asked'' to work past 8 hrs.too many times, finally said no. Next day written up for being late

I was, it is true.Ws told if I did not stay ''past 8 hrs'' there would be quote''something, something would happen''.

No verbal warnings first. Told I could not leave the

building til manager said I could no matter how long it

took to do what she asked.Was wrote up for not following

instructions. There's more alot more.Immediate super.

quit because of harassment. Tried suing.


Asked on 9/05/02, 11:19 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Libel or insult?

If you are fired, then you may be able to claim wrongful termination [unfair] and also claim it was based upon refusal to work overtime. Til fired, there isn't much can be done for you. You can always quit, but that leaves little grounds for a case.

The prior supervisor "tried suing", probably unsuccessfully as an "at will" employee, like you are.

Read more
Answered on 9/09/02, 6:12 pm


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