Legal Question in Employment Law in California

I recently asked my employer for a salary/performance review. I was told I would have one..Four months passed with no review. When I revisited the issue, I was berated, cursed at and told if I was unhappy to quit and it was thier place to decide if and when I was acknowled for my work. My question is ever since this encounter, my employers have been picking at every single part of my job, changing procedures and schedules daily, questioning everything I do and all communication is done via email which I am required to respond to..However, in trying to document my questions, clarify my positions, and basically cover myself, I have been communicating via email as well. My employers refuse to respond via email, even after I have asked them to do so, making it impossible to document a lot of what is happening..All communication in regards to answering my questions is done behind closed doors with no witnesses.We have no internal Human Resources department..Is there anything I can do to protect myself ?


Asked on 10/04/10, 2:50 pm

2 Answers from Attorneys

It wouldn't matter if you could document it. Who are you going to prove anything to, the employers? They can fire you without cause, so documenting that you are "right" and they are "wrong," will do absolutely nothing.

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Answered on 10/11/10, 12:14 am
Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the CA wage and hour laws, and formal company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. There are no rules against 'unfair treatment' or poor management. 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, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 10/11/10, 10:48 am


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