Legal Question in Employment Law in California
I have a new supervisor at work. She has less experience than I do in our line of business. Since she started I feel as though she has had it in for me. She has told me in front of other employes that I am an embarrasment to the office. I am very professional and have been working in an offce environment for years, I take my job seriousy and have always been told that I am very helpful and professional by all of our customers. We have a small office and all of the other employees in our offce have come to me on seperate occasions and asked what her problem is with me, it is very apparent to everyone that she is singling me out, Recently I had my yearly review and she scored me very low, which is now in my official file, basically saying I didn't know what I was doing, need more training etc, however when I requested additional training a month ago it was denied by her. I have one of the largest workloads in the office and have been great about keeping up with all of my tasks, all my customers are happy with the job I am doing and I was nominated for several committees, organizations and awards prior to her arrival. My previous review with my past supervisor was excellent and I have never had a bad review in my career before this. I also get asked for help from other employees several times a day due to my knowledge of the business.
This woman is unprofessional and her behavior is extremely erratic. She has called me into her office and cried, literally cried tears, about how stressed she is and how she has health problems etc.
My question is what are my legal options regarding this, it is currently affecting my health, I am getting headaches, stomach aches and a general uneasy feeling when I have to go to work. This could also potentially affect my ability to find other work should another employer call for a reference.
Please help.
Thak you
4 Answers from Attorneys
Hello. Unfortunately, this kind of situation is rather common. There are no laws that prescribe how a supervisor, whether he/she is new or experience, can evaluate employees as its inherently subjective and it's not the job for the courts to interfere in such internal matters. Being singled out is only illegal if the reason for that is the fact that you belong to the protected category (race, disability, age, sexual orientation, and a limited number of other categories). Other than that, as unfair and hurtful the supervisor's treatment might be, it's not illegal.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com
You may have a worker's compensation claim if you do not feel this is discrimination. Contact me directly.
Employees have the 'right' to be provided a 'safe' workplace to minimize risk of injury. Severe enough 'stress' damage to your health might justify filing a WCAB claim, but consult with your doctor and a WCAB attorney before investing emotionally in that course of action.
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� or explanation, other than for discrimination, harassment or retaliation that is illegal under the ADA [age], Civil Rights [race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. There is no 'right' to fair or pleasant treatment. Poor management is not illegal. The employee's goal should be to keep the employer happy. You've merely described what sounds like an unpleasant workplace, not illegal discrimination. You can put up with it like millions of others, try to change it through HR, or you can quit. If you think you can prove illegal discrimination, feel free to contact me.
File a claim for worker's compensation benefits for stress, headaches, dizziness. Feel free to call us at 213.388.7070 for a free consultation.
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