Legal Question in Landlord & Tenant Law in California

Re: discrimination/retaliation

I have read Mr. Sher's comprehensive answer, and agree. Sorry, but there is nothing that I can add to the advice which he has already written.

Re: discrimination/retaliation

Your question is not very clear. If you were fired for improper use of the e-mail system, your employer probably could do that, subject to whatever union contract you work under. California is an at will employment state but government workers and members of unions have job protection. The degree varies based upon what your employment contract provides for. Without seeing it, no lawyer can give you a very good, accurate answer as to whether you could be fired. The Court would normally have to go through the Skelley process of giving you written warnings and detailed description of why you are being disciplined, and usually start at a very temporary punishment and slowly work up to termination. You do not discuss whether you had prior discipline. You can not be punished for reporting to HR a hostile work condition, if that is true, but the Courts have said government employees generally do not have the right to criticize their employer to newspapers. It sounds as though your union did not feel you have a case them are willing to defend. If you are covered by civil service you have a right to a hearing [often the Civil Service Boards are pro-employee--they certainly were when I handled firing case for a city in the Bay Area].

You need to speak to someone as to what your legal rights are, but you have to give a more detailed statement of the facts. Good luck.