Legal Question in Employment Law in California

Live/work in CA, for CO based company. Rogue, horrendous new manager comes in and exercises her power and writes me up for ridiculous reasons. Gives me a deadline to sign and return write up(which was Monday). I signed, typed a rebuttal and put in an envelope. Left for a work trip and forgot to put in mail. I get an email last night saying it must be delivered to her by noon today. I respond saying it is in an envelope ready to be mailed, I will drop in the mail as soon as I get back from this work trip, which is Friday. She responds back saying, please print, sign and scan back to me before 9am tomorrow (Thursday). She knows I am on a work trip, no access to a scanner, and is making unreasonable requests. Plus I want my rebuttal in there. What are my rights? Do I have a time frame in which to sign and deliver? Please help!


Asked on 8/06/14, 8:45 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Unfortunately, not only are there no laws in CA against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but 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 terminated any time for any reason, with or without �cause�, explanation or notice. That is, UNLESS the conduct is actually based upon discrimination, harassment or retaliation as defined as �illegal� under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced.

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Answered on 8/06/14, 9:37 am


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