Legal Question in Employment Law in California

Suspended pending investigation and then disciplined for refusing to force parent to medicate child as a condition of continuing services.Administration of medication was to facilitate child sleeping and was against parent's wishes and contrary to child's pediatrician"s advice.reported incident involving other staff's directive given to parent to medicate child to Licensing Agency-does employer have right to question me about report and can I be disciplined further for refusing to respond?


Asked on 4/22/14, 8:10 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Unfortunately, not only are there no laws in CA against poor management, 'unfair treatment', and in general, unless an employee is civil service, in a union, or has a written employment contract, you 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 discipline you describe was actually in retaliation for having made a report of illegal conduct to government agencies. If your report was made AFTER the suspension / discipline, you obviously can't claim retaliation for something you hadn't yet done at the time.

Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced. Now if the conduct was illegal under the above definition, feel free to contact me for the legal help you�ll need.

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Answered on 4/23/14, 1:55 pm


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