Legal Question in Employment Law in California

I received my yearly review today by a manager who has been with the Company 6 months. I have been initiating meetings, providing status reports, and my biggest complaint is how my collegue is holding back the work. I have emailed him several times and when I meet with him have discussed was on how I can have a positive work experience but even though he seemed commited he has done nothing to help my situation. I have done everything asked of me and have created my own projects to show initiavtive. Two co-workers who are friends outside of work have been speaking negative about my performance but when I prove my capabilites, they move on to something else. There some abuse from them such as deliberately ignoring me, and even yelling in which I have reported to my Manager. 95% of my emails have gone unanswered and when he is available I get no where. My review was the opposite of what I describe. I informed him that I could not sign the document and I will need to go to HR. I have documented past meetings and emails printed. When I talk with my Manager, he is constantly looking at my chest but no more than that, however, it makes me feel uncomfortable and I can't prove it. I'm the only female in my department and his attitude toward me as oppose to the others is oftentimes dismissive. I've repeatedly asked him to please talk to me when there is a complaint which he agreed to but he never did until my revvew. I've done just about everything he has asked and more. My position is 24/7 oncall but just about every night there are problems and I have repeatedly made suggestions to alternate with another employee but he isn't willing to I believe it's because the employee does not want that, he has even told me he did not want to. I am tired and exhausted from getting up all hours of the night only to find that the other employee has answered the call. My Manager has provided no solid reason for his decision. The review was a desaster and he did not answer on question I had to his accusation, he could not provide proof. I believe most of it is coming from the two who have given me problems. Everyone else I work with have given me positive feedback about me as a person and my job performance. What should I do.


Asked on 9/27/11, 10:21 pm

2 Answers from Attorneys
Raven Sarnoff

Complain IN WRITING to HR that you believe your manager is treating you differently because of your gender, and keep a copy of your complaint (email is a good way to do this). The company has an obligation to take your complaint seriously and is legally prohibited from retaliating against you for making this complaint. If you do get fired in retaliation for making this complaint the written complaint will provide excellent evidence of unlawful retaliation in a wrongful termination lawsuit. Best of luck to you.

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Answered on 9/28/11, 10:14 am
Terry A. Nelson Nelson & Lawless

There no laws against 'unfair treatment' or poor management, and 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, UNLESS it is based upon illegal gender discrimination as defined under the Civil Rights statutes. The circumstantial evidence that the only female is being treated differently is clearly the basis of a legal claim if you can support it. If you can somehow show the conduct falls into that category, through witnesses or documents supporting your allegations, feel free to contact me for the legal help you�ll need.

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Answered on 9/28/11, 5:37 pm


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