Legal Question in Employment Law in California
What Can I Do?
I have worked 4 years now for a large company and was a top employee in the my unit until a year and a half ago. At that time, two major changes occured. One was a chronic autoimmune disease that affects my ability to work. The second was a new manager who very abusive behavior towards me. I filed a grievance last year and recently discovered that they had made the whole matter disappear. Nothing of the matter is in my personnel files. Having pressed the matter with HR and her superior, I was put ''administrative leave'' because the stress of the situation was causing me constant attacks from my illness. This ''superior'' said he was not sure if it was safe for me to be there in regard to my health. they sent me to an outside ''shrink'' who gave me a Personality profile and now tells me it shows I show a ''cry for help'' and should take some time off. I'm afraid they want to call me ''nuts'' or something . I have felt ill only once in the past week no doubt to the absence of the stress of being in that unit. Taking all of this in together (including my illness and that they tossed my original grievance), what rights can I demand?
1 Answer from Attorneys
Re: What Can I Do?
If you have remained in paid status while on administrative leave then you have not sustained any damages. This looks more like a worker's comp issue, and a lot of questions unanswered.
Have you filed for worker's comp? Sounds like the employer is trying to determine your mental
fitness in connection with the ability to perform your job. The fact that there is no documentation about the grievance in the
personnel file does not mean no records were kept. Documents of this type
are generally not placed in the personnel file.
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