Legal Question in Employment Law in California

I have been with a company for 5 year and during that time my boss has been out to get me fired . she has harassed me by telling me that im not good or look good to work there.. telling other co-workers not to trust me. and now has said i have stolen from the company in witch I have been faithful too . I was handed my final paycheck after being suspended when i was suspended there was no write up or had me sign any statements say this is why you are on suspension and she was not going by what i say but by what she said and the new girl that just got there that she has become good friends with and i was fired for not having payed for the services that i preformed but the manager said it wasn't immediate family and it was do they have the right to say who my immediate family is any that my sister is not immediate family ..she told me that it wasn't family but had it been this wouldn't be a problem.... what to do please help me understand if she has the right with a corporate company to do this


Asked on 12/31/11, 2:19 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the state minimum wage and hour laws and any formal company policy that may be in place, the right to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled by law to certain medical/pregnancy leave rights. That's about it. 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 12/31/11, 3:12 pm


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