Legal Question in Employment Law in California
I have worked for a Fortune 100 Company for nearly 20 years, and have always been a contributing, dedicated and valued employee. My department recently underwent a change in management, and my new boss is unhappy with my performance. In the past, my performance reviews were always good. I have always received good salary and bonus increases, and the scope of my responsibilities has continued to increase�until now. For the past 8 months, my new boss has been extremely critical, despite my endeavors to comply with new processes and to fit the mold of the new regime.
Many of my major responsibilities were recently taken from me and given to co-workers or to vendors.
During a recent review with my new boss, I was disturbed to learn that HR had a very old job description in my file--from 20 years ago. When I presented what I thought was current description, which was developed with my former boss, I couldn't believe that the former boss never submitted my updated job description to HR. Needless to say, the new boss said the former job description is not valid. A new job description was recently presented to me and it is a diminished version of the previous one that was never filed.
I have tried speaking with my new boss numerous times to better understand his expectations. Rules and procedures change without notice and are often not communicated. It seems that I am held to different standards than are my colleagues. For many years, I was allowed to work overtime during busy seasons to complete all of my tasks. I also had a flexible schedule and the freedom to make decisions to get the job done. All of this has been taken from me; however, many of my colleagues still have many of those perks.
The constant, daily criticism and micro managing has created an uncomfortable, stressful and hostile work environment, and feels like a no-win situation.
I have always prided myself as one who can roll easily with change, and have done so successfully over the years. I am not a trouble-maker or the type of person who runs to HR with complaints. However, when I recently turned to HR for advice, my inquiries were curtly dismissed, and it was obvious that HR is on the side of the company.
It seems absurd that a loyal, hard-working, 20-year employee with a good, stable work history, and someone who is highly respected companywide, is suddenly a poor performer. If that were true, I would not have lasted as long as I have.
If our creative differences, or my work style, are no longer a match in my department, is there a way to negotiate a graceful exit strategy where I can leave with dignity and a severance and benefits package? After 20 years of faithful service, that seems like a fair proposal. Quitting my job with no alternative job on the horizon is not an option at this time.
What are my rights?
Thank you.
1 Answer from Attorneys
Not only are there no laws against poor management, 'unfair treatment', or rude and obnoxious behavior, but 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. That is, UNLESS it is based upon discrimination, harassment or retaliation as defined as actually �illegal� under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. 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 definitions, feel free to contact me for the legal help you�ll need.
Yes, it MAY be possible for your attorney negotiate a severance agreement, or other resolution that would keep a 'termination' off your record.
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