Legal Question in Employment Law in California

I need help! Major issues at work not being resolved

I am a mgr. for a retail company. Another manager, who recently started with the company, has been hanging out with a lower level associate who has had numerous incidents concerning his attitude. This manager has been written up 3 times already(in 3 months). Yesterday, I asked the assoc. to do something, and he flatly said ''no.'' He has done this to me on numerous occasions. We have gone through numerous GMs in the year I have been there. I was told last week by the DM that if this assoc. did this again that I was to write him up ASAP. I asked the other manager to sit in on the conversation.( I was told to do so by the DM) The associate said I was lying, and told me in a threating tone, ''You'd better get your facts straight. I don't like it.'' The other manager, his friend, said nothing. I was scared. I told them that I wasn't going to finish my shift. I have never done anything like that before. I show up the next morning, and start the write up, and the other manager says I can't write him up, and gets in my face. I was shaking. I called HR, and left a msg. I was told I can't call HR on the clock, and that I should leave. I left. 10 minutes later HR called me and told me that what I was job abandonment and I could be terminated.


Asked on 3/28/06, 11:41 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: I need help! Major issues at work not being resolved

Depending on how far you want this to escalate, you might put all of the events in writing to the DM, with a copy to your personnel file. If the associate is under your supervision, and you have hiring/firing responsibilities, you have every right to take disciplinary measures against him for insubordination (mouthing off to you). If not, then the company should do something about the associate and the other manager. Make sure to keep notes of all of these events at home in case things turn any uglier.

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Answered on 3/29/06, 2:56 pm


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