Legal Question in Employment Law in California

A peer of mine requested a transfer within the hospital that I work. On the transfer request sent to HR, it was clearly stated that this individual did not want my manager to know about the request. My coworker was unsure of the decision to work in another department, and wanted to speak to the manager in the department, ie interview, to see if this job would be a good fit . Several days after The submission of the transfer request, this individual was called into the COO's office and was told that she cannot transfer using unfriendly words. I feel that this event has hurt the respect earned from her superiors, and this person feels "black balled". Since HR breached confidentiality after clearly stating to not do so, does my peer have a legal case?


Asked on 3/05/12, 9:33 pm

2 Answers from Attorneys

Nope. Not even close. You really think employees have a right to control how HR does it's business by writing something on a form? You REALLY think you have some kind of confidentiality right in what you send to or tell HR? Really?

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Answered on 3/05/12, 9:47 pm
Terry A. Nelson Nelson & Lawless

Respect and feelings have nothing to do with the real world of employment. Not only are there no laws against poor management, 'unfair treatment', or rude and obnoxious behavior, 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. Make a fuss at work, suffer the consequences. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced.

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Answered on 3/06/12, 5:06 pm


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