Legal Question in Business Law in California

I have been working as a receptionist for nearly 4 years for a physical therapy clinic and recently another employee was promoted as a receptionist to work under me. He has no prior experience, and has proven that he should not be working with the company in many ways, but he is friends with our HR manager, who works in an office within our clinic. My manager made it clear that he should not be given this position, but the manager above him still hired this young man. My manager put in his resignation because of these employees not allowing him to be a manager or do his job. That leaves me with this incompetent coworker who makes me feel very stressed/ threatened in my workplace emotionally/ verbally and just plain uncomfortable at work. My daughter has been sick with strep throat this week and I have been taking the past three days as half days. I was very glad of that because he made me feel so upset this morning that I had to go into the back-office for a break to cry. All of my fellow employees at the office with the exception of HR and the other recptionist knew that. By the time noon rolled around and it was time that I had to leave to take care of my daughter I was just done and broke down for at least an hour. Who do I go to when my manager is quiting due to the same person(s) causing the issue, including our human resources, and what can I do? I document what goes on from day to day. I have asked the other receptionist to not behave that way. Prior to him starting to work at the front I voiced my opinion to our HR assistant in regards to me not feeling confident in his ability to be up at the front desk and she blew me off and told me to "stop being so negative"


Asked on 4/20/11, 1:59 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Quit.

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Answered on 4/20/11, 2:00 pm
Terry A. Nelson Nelson & Lawless

Sorry, but nobody said life, or employment, was fair, nor that everyone had to be 'nice' to you. Not only are there no laws against 'unfair treatment' or poor management, which is what you have described, 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. Of course, you have the right to quit at any time, at the risk of denial of unemployment benefits.

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Answered on 4/20/11, 3:43 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I think you should just stick to your job - answering the phone and being a good receptionist. Ignore people you don't get along with. Don't let them know they get under your skin. Toughen-up, or look for another job. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 4/20/11, 4:07 pm


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