Legal Question in Employment Law in California

Is there protection for a middle manager who is being harassed by her supervisor regarding the amount of time a subordinate with FMLA is taking off, and being harassed for needing to take time off when she herself is ill, because the subordinate is not reliably available to provide coverage?


Asked on 1/10/12, 4:31 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Not only are there no laws against 'unfair treatment' or poor management, 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 fired any time for any reason, with or without �cause�, explanation or notice, unless it is based upon illegal discrimination, harassment or retaliation as defined 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. Now if the conduct was illegal under the above definitions, feel free to contact me for the legal help you�ll need.

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Answered on 1/10/12, 6:39 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

You need to explain further what you mean when you say you are being "harassed" by your supervisor regarding the amount of time your subordinate is taking off under FMLA. Is your manager asking you to do something that would violate the subordinate's rights? If she is asking you do something illegal, you may have some rights that need to be protected and should consult with an employment law attorney.

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Answered on 1/11/12, 10:46 am


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