Legal Question in Employment Law in California
my supervisor is investigating my use of work items (ex: phone, fax, and computer) while on paid work time. She might try to terminate my employment based on this. My problem is that my co-workers do the same things and much more often than I do and yet she turns her back on all their actions. I have many witnesses that feels she uses favoritism in the workplace and allow these other staff members to do the same without attempting to discipline them for it too. what type of case would i have against her if i do get terminated?
2 Answers from Attorneys
None, unless you can prove the favoritism is based on racial, gender, or other specifically legally prohibited discrimination, or as retaliation for legally protected conduct, such as union organizing or whistle-blowing on government contract fraud. Employer's are free to over-look misconduct of employees they like and fire employees they don't like for the same misconduct.
Not only are there no laws against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, 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 terminated any time for any reason, with or without �cause�, explanation or notice. That is, UNLESS the conduct is based upon discrimination, harassment or retaliation as defined as actually �illegal� under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. Now if the conduct was illegal under the above definitions, feel free to contact me for the legal help you�ll need.
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