Legal Question in Employment Law in California
My Mother-In-Law had been working at a prestigious hotel 10+ years as a housekeeper. In just the past 2 month or so she has been fired twice for pathetic reasons; this time it was for not making up a room up to the �par� of the woman who was the cause of her previously being let go. Again, bear in mind that her work was more that satisfactory for over 10 years. Also, she had only been back to work for about a week after the previous cause for her being let go was deemed to be ridiculous through arbitration between the Hotel and the Union that my Mother-In-Law is part of. After this second time, my Mother-In-Law was let go after a warning, after which she promptly contacted the Union again frustrated asking if she could have their help to finally sue this person directly and take on the hotel. Of course, she was told the Union could not do much other than help her get her job back once again. But, was told that they wished someone would actually follow through and do something about the �mean� hotels treatment.
Here are some facts:
1. My Mother-In-Law has always had issues with the hotel, but they have gotten progressively worse after a work related injury almost 2 years ago. She was being targeted for not being able to perform like she used to, and maintain the amount of rooms she was responsible for prior to her injury; although there were others also with work injuries who were not given a hard time.
2. She is also the person who her peers go to when they are treated unfairly by a certain manager at work. As a side note... I personally believe this manager might be trying to use my Mother-in-law as an example, or to be rid of the person who she believes might be the biggest threat to her own job.
3. The 1st time that she was let go was for punching in late to work, although when this occurs; even after a minute, they have a binder to report further to. During the investigation by the Union the hotel denied any such binder existing, to which the Union found to be untrue and it was part of the biggest reason my Mother-In-Law was given her job back, this was part of the proof that she was singled out.
4. The hotel, also fought her rights to unemployment. My Mother-In-Law was told by the Unemployment office that it was one of the most ridiculous reasons they've come by for being let go.
5. This 2nd time she has been let go for the room not being up to par. Unbeknownst to my Mother-In-Law that the previous warnings would not be wiped from her record, since it was after all proven that it was unfair treatment on their part. And, that after 1 more warning they would let her go. Of course, it did not take long for the manager to seek out an excuse to try to be rid of her yet again.
There is much more information, but I cannot possibly remember all the details. Any advice or interest in taking on the case is much appreciated.
1 Answer from Attorneys
Regardless of what you like, a union grievance is her only remedy. Even if it wasn't a union job, not only are there no laws against 'mean' or 'unfair' treatment or poor management, 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.