Legal Question in Employment Law in California
I was working for a hospital where my supervisor was harassing, and abusive, The department manager knew about it and really did nothing to help, I eventually transferred from the department into a new position that wasn't a proper fit, When they wanted to send me back to the department, I spoke of the abusive nature of the previous position and and was referred to human resources, while they didn't send me back to the old position I as of now been not working for 3 weeks, I don't know what my options are but I would appreciate any advice.
Thank you
2 Answers from Attorneys
There are no laws against 'unfair treatment' or poor management. 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. Now, if they violated those discrimination rules, contact me for the legal help you'll need. I've been doing these cases for over 20 years.
If you were harassed and reported it to the employer and nothing was done then the employer has essentially ratified the improper conduct and could be held equally accountable. If you have been kept off work for reporting the misconduct there might be evidence of retaliation as well which is illegal, but you have the burden of proof of these allegations. Bob Worth (818) 222-2433
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