Legal Question in Employment Law in California

possible whistleblower retaliation

I was given a poor performance review and told''we want to rebuild you'' About a month later, I get a corrective action

based on the past (which was not true)on productivity and

lack of postive behavior. Early morning, my new manager calls me in the office and asks me,You have had all night to think about all we told you so Are you quitting, I said No. This same manager verbally has said ''I have been here one month and you are great to work with''

That same evening I had a ''surprise'' auditor wanting to see if the software I was using was paid for.

Can I specifically ask the employer why I was singled out?Other peolple use the same software. Can I ask my employer

why I was the only asked without suffering retaliation

since they have lied about my performance?


Asked on 4/13/03, 12:54 am

1 Answer from Attorneys

Re: possible whistleblower retaliation

Unfortunately, if the poor reviews are not the result of illegal discrimination (sex, race, age, etc.) or in retaliation for whistle-blowing, the employer can single out an individual for heightened scrutiny.

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Answered on 4/15/03, 4:26 pm


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