Legal Question in Employment Law in California

Discrimination/Retaliation/Worker's Comp

I have been an employee for this company for 3 1/2 years and held a position of General Manager. I was a regional trainer and ranked top five with multi-properties. I heard about an opportunity to transfer to a lateral position in my home town. I attempted to interview/apply for it and was blocked and not allowed to interview. I expressed interest to my then current boss about this position and when upper management of my division found out about my intent to transfer, they stated they could not create a hole in my division to fill a hole in another division due to staffing issues within the company. However, they allowed other employees in my position to transfer to other locations within the company during the same time period.

After discovering my intent to transfer to another division of the company they began to retaliate against me by having surprise audits by a non-qualified third party employee with the intent to defame my highly regarded and documented performance with the company and with direct intentions to terminate my employment.

As the situation escalated the work environment I was subjected to very harassing and stressful situations which resulted in a stress related documented medical condition.


Asked on 5/18/04, 5:21 pm

1 Answer from Attorneys

Jim McCullaugh Law Offices of Jim McCullaugh

Re: Discrimination/Retaliation/Worker's Comp

Have you been fired or you think you will be fired soon? And if you are fired, on what grounds are you expecting them to use. Do you feel you are under fire merely because you wanted to transfer? Is there an Employee Manual? Does the Manual say anything about inter-company transfers?

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Answered on 5/25/04, 7:53 pm


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