Legal Question in Employment Law in California
I was recently terminated from my job of almost 4 1/2 years. I never had any problems with anyone nor have I ever been written up until I was transfered (not by choice) to another office because the manager who was in the same position as I was had been having problems with the main manager and supervisor at her office; so they felt by swapping us it would resolve the problem. Unfortunately, little by little I begin to experience the same problems from the same two people. Not only was it the most hostile workplace I had ever worked at, I was the only person in the office that the supervisor constantly complained about regarding my work -even though he had no knowledge of my job duties nor how to perform them- he always seemed to find petty things to complain about and would run to the main boss. I seemed to always be in his office, always in trouble, no matter how hard I worked I was always getting yelled at and instead of my boss looking into his claims regarding my work; he just believed his every word and I found myself having to always explain the facts and once informed then my boss would respond; oh okay. However, it didn't keep my boss from using it against me in a couple write ups. I rarely took time off for appts. for my children because I was afraid of being mistreated or talked badly about by my boss with other co-workers -since he always did that to other workers who took sick time off- you were on his crap list. Knowing I was the only person in the office this supervisor complained about and I was also told he didn't want a female manager in his dept. I told my boss I felt like he was after me, I feel harassed cause he only complains about me -yet i've never had issues with any co-workers ever- I told my boss about him not wanting a female manager and my boss even admitted that he believes he has a hard time working with females, but gave the excuse that he's "old fashioned" I was scared of losing my job, so I'd stay at work til 1-2am & skip lunch just so this guy couldn't accuse me of not doing my work, but it never worked. I cried to my boss telling him I can't work like this, I feel harassed and he never spoke to him at all. In fact, they were very close, but I had to complain taking the proper chain of command; I finally spoke to my bosses boss and the same thing, nothing was looked into, I felt i was ignored, his only suggestion was to transfer me and it surprised me since these two men have a history of doing this to other employees, yet it didn't bring up a read flag? So I transfered and was paranoid cause I was sent to work with this supervisors nephew (who held the same position) supervisor. A position where him and I work hand in hand as a team in the same department. Soon I begin to notice the same started happening at that office as the previous, this guy running to my boss about me and all of a sudden I was terminated. I worked this position for 2 1/2 yrs, my numbers were good, our percents were good, the person who trained me is still employed and the person I trained is still employed; yet they said I lacked the knowledge of my position? And this was determined by people who don't know how to even perform that position & they gave it to someone who wasn't even employed with the company for a year and his job was a customer service rep? He's more qualified then me? There's no way, I strongly believe I was sent there to be fired because I'm aware if it being done to another worker from the previous office. I was told another worker was going to be transfered so he and the supervisor can fire him, even though he hadn't even transfered yet and supposedly our company policy is; they don't transfer "problem employees" yet they did and like he told me, soon after that person was fired, yet I watched carefully and he never did anything wrong! They talked badly about this person, made fun of the age and medical problems....it wasn't right! The whole office was pissed cause we felt it was wrong since we all knew what was going to happen. I want justice, not just for myself, but for that person that I never stood up for when I should have and every other worker who's been mistreated by these two people. Is there anything that can be done? If so, what should I do and how?
2 Answers from Attorneys
Look for a new job.
You never once indicated this treatment of you was 'sex / gender discrimination' under the Civil Rights laws. If the bad actors in this play treat everyone bad, men and women, then they are 'equal opportunity harassers, and that isn't discrimination, it is simply poor management. There is no law against 'hostile workplace', many are. The law only protects against 'hostile environment' if it is because of Civil Rights violations on race, age, sex, gender, ethnic, religion, etc. If you think it actually was such illegal conduct, then did you actually complain of that and demand remedy??
If you now believe you can prove, through witnesses and other admissible evidence, that it was illegal conduct amounting to Civil Rights violation, feel free to contact me to discuss your facts.
Discrimination and harassment based on gender, and retaliation for complaining about gender discrimination is illegal in California. Based on the fact that you were told that your supervisor didn't want a female manager in his department, and your boss admitted that he had a hard time working with females and is �old fashioned,� it appears you could have a gender discrimination case. You should contact a California employment attorney right away. Please feel free to give our office a call.
Raven W. Sarnoff
Sarnoff + Sarnoff
707 Wilshire Blvd., Ste. 4750
Los Angeles, CA 90017
Telephone: (213) 536-4236
Fax: (213) 536-4246