Legal Question in Discrimination Law in California

My dad is the manager of one massage clinic, and his colleague Ann is a front desk staff. Ann's jobs are collecting money from customers and record the number of customers that each massage therapists have been served. My dad asked Ann to record the number of customers in his way, but Ann refused, and she kept recording the numbers in her own way. My dad was very angry, so tear that recording paper and asked Ann to record those numbers in his way. My dad also threw a pencil on the desk since he was very angry. After that, Ann went home without telling anybody.

Ann told my dad's boss that she wants to sue my dad because she thinks my dad threatened her. She also said that pencil hit her when my dad threw it on the table. And she said my dad said something really bad on her. However, my dad says he is pretty sure that pencil didn't hit Ann. And my dad did not say anything bad on her. All my dad did is tearing that recording paper and redo it in my dad's way.

So, I really want to know which law my dad has been violated and does Ann have enough evidence to sue my dad. Please answer my question. Thank you.

-- Qi Jing


Asked on 11/23/12, 8:20 pm

1 Answer from Attorneys

Daphne Macklin Law Office of Daphne L. Macklin

Your father needs to consult with an employment law attorney. His conduct, as you have described it, is very troubling. You only have your father's side of the story and I would be very concerned that this was not the first time such an incident occurred. Your father also needs to get in contact with his supervisor/boss and provide a very clear explanation of what occurred. If there was a dispute over how front desk staff were to conduct certain types of recording in the business, it should have been a matter of policy for the office and the entire company rather than your father's wishes or preferences.

This is a very serious matter that will need to be resolved very carefully.

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Answered on 11/24/12, 6:27 pm


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