Legal Question in Employment Law in California

can I be terminated or put on leave for saying a supervisor has a crush on another employee. I feel that crush being an innocent term and through observation I am allowed to voice my opinion. On the flipside I'm an emt who had a dialysis tech accuse me of breaking patients leg in front of room of people. Even though I was there to transport to the ER and had never seen the injured patient who was injured at home the night before. I felt this as major defamation and when brought to the same supervisor he dismissed the claim. I even wrote the owner of my company a note and said he could get an apology or I would go to the county authorities to report this and other questionable acts at this dialysis center.

I know it's a long post but I' supposed to be called in for a meeting today regarding my degrading and possibly hostile comment!?! They also left a voicemail to both take me off the schedule and say I would have meeting today.

PLEASE HELP I only make $10 an hour as an emt but still can't fford to loose my job, yes my life has fallen that far. To make matters worse I was injured on the job and have been to doctor but had to work cause I was told tey would cut my hours if I didn't.


Asked on 9/07/10, 9:05 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

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. You may have a WCAB claim, contact a WCAB attorney or file it yourself.

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Answered on 9/13/10, 4:25 pm
Ramin Saedi Saedi Law Corporation, P.C.

It appears you may have a workers' compensation case. It is much more difficult to get rid of an employee who has had an industrial injury without incurring liability. I do workers' compensation. Feel free to call me for free consulation so I can explain things to you in more detail.

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Answered on 9/14/10, 3:27 pm


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