Legal Question in Employment Law in California

Wrongful termination, harassment, retaliation??

1 month ago my manager was fired for telling me and my co-workers that our department was being split in two and she would not longer be our boss before the CEO could. A few days later i came across a comment my new manager had left on another managers facebook wall that was posted the day my manager was fired saying something like 'the witch is dead' and other comments like 'now to get rid of the flying monkeys'. Knowing this was posted the day my manager was fired I and other employees in my department took it as a threat against our jobs. I immediately took it to HR and stated I felt harassed by the comments and believe my new manager was planing a covert act to terminate each one in our department. HR claims to have done an investigation and said it was not posted on work time and that it was not regarding me or my team. HR and the CEO also educated me in the history of the flying monkeys and said they turn out to be good at the end and help dorothy and it is the hats that made them evil. Maybe I didn't hear the memo that "get rid of" is a good phrase. I personally felt like HR let me down and was biased because of the relationship they share and was deeply offended that HR and the CEO stood up for my new manager.

2 weeks later HR and my new manager wrote me up for "not completing tasks", calling in sick 4 times over the last two months, failure to communicate to my manager, etc. It was a ridiculous write up. I wrote up a rebuttal and attached emails proving that I did my job and communicated to my manager. The entire rebuttal and proof emails was 22 pages long. I also stated that I felt my write up was a form of retaliation from my manager for bringing the slanderous facebook comments to HR's attention and noted that I have felt harassed, belittled, attacked, and disrespected by my new manager and it made for a hostile work environment. By this time 2 people in my department went on stress leave because they couldn't take the hostile work environment.

My manager does not acknowledge my presence when I come into work, she only speaks to me when she has a chastising comment or a direct order. My manager makes communication impossible. Sunday I sent an email to HR regarding my managers behavior towards me when she confronted me about someone wanting to see her and how I didn't see if she was available. Despite me clearly stating that the person who requested to see her, did not wish to see her at the moment because he was going to dinner and he wanted to speak to my manager at his convenience. Her attitude and tone of voice was unacceptable and I felt harassed and attacked. I was appalled by her behavior.

Today - I was pulled into an empty office with HR and the CEO. Despite my many reports of harassment against my manager they chose to terminate me because its been a month and I am the only one who hasn't adjusted to her as my manager. They also made claims that I was a liar, untrustworthy, I talk about my manager negatively to other employees (its okay for my manager to do it, but not me apparently), I am violating confidentiality and HIPPA laws by keeping a binder full of emails sent between myself and other employees and management (I refer to the binder as my "cover my butt" binder) with it I am able to pull up email conversations between management/employees and I and prove that I have done my job. I am not violating HIPPA as I have no other info but email conversations. HR and the CEO teamed up and claimed I said things to them that I never said also. They said I failed to prove that I did my job with my write up rebuttal and that her behavior the other day was no big deal. I felt like they basically said it was my fault that I was harassed by my manager.

I also know they found out that I was trying to organize a union there and I was terminated as retaliation. I find it funny that I had an excellent annual review from my old manager, I never had any issues with any of my team members or manager, I was employee of the month in January...but in 1 months time I portrayed to be an awful employee and terminated.

None of my complaints of harassment and hostile work environment were ever investigated or taken seriously, nor was my claim that my write up was a form of retaliation by my manager. HR and the CEO stood beside my manager 110% of the way.

Do I have a case to take this to court for wrongful termination, harassment, retaliation and hostile work environment?

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