Legal Question in Employment Law in California

I work for a school district in California as a Maintenance/Custodial Worker. Recently I was told by my supervisor that I need to go and pick up a mentally handicapped child from a high school that is 30 miles away, and take him home. I know just based off my day to day duties that this is not within my scope of work. I was very uncomfortable and expressed this to my manager. My manager told me that."that I have to be flexible and told me to go and get the child." Of the year and 4 months at this position I have never been asked to do this, so its weird that I was asked a year and 4 months later. I understand flexibility, but working with chemicals and electrical wiring is in my job description, picking up children with mental disabilities is not within any of my duties. I notice that my supervisor cuts a lot of corners, which makes me feel uncomfortable. I am just wondering what would happen, if I were in an accident and something happend to me and this child, they would blame me.

Question: What course of action do I have if my manager continues to insist that I pick up this child? Is there anything I can say without having retaliation brought against me? If I am terminated for not complying with these duties what should I do?

I also recently requested to be disenrolled from the health benefits at the school district because they did not disclose a clause that I have to remain apart of the health benefits for the remainder of the time that I am employed. They are giving me the run around and told me they would get back to me.

Question: If the school doesnt get back to me, what should I do? If they retaliate against me through their behaviors, how should I respond? If I am let go for no reason but the underlying issue was because I wanted to disenroll from these benefits, what course of action do I have?

Please get back to me,

Shaun Hopkins


Asked on 2/03/11, 10:19 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Put your objections to picking up the child in writing, and send a copy to the school administrator. Keep a copy for yourself. Then schedule a follow-up conversation with the administrator. You are 100% correct in that you should not drive the school children. If anything should happen, you could be held personally liable. What is the supervisor's relationship to the child, and why is he getting involved in this issue in the first place?

I haven't heard of a lifetime health plan. Usually employees are permitted to change plans in the next enrollment period. You might seek out an attorney who works in the area of public employment benefits and/or your union, if any.

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Answered on 2/05/11, 3:46 am


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