Legal Question in Employment Law in California

My employees are accusing me of being unapproachable, not allowing input, being moody, and raising my voice in one occasion. These allegations are coming AFTER I told the group I would hold them accountable for repeated mistakes and told them to look up answers on material I had distributed before coming to me for questions. I have stacks of emails proving that I have been a caring, flexible, and fair manager to them. I sense bias on the part of the Human Resources VP. She told me that "perception is reality" and that my employees were "afraid of retaliation" and that she would have me sign a document stating I had received these allegations. My follow-up meeting with HR has been scheduled for next week and I'm prepared to submit all the evidence on this matter. I don't want to sign any documents and not have HR take into account my side and evidence. Please advice. I live in South Orange County, CA and work in Los Angeles.

Asked on 6/04/13, 9:50 am

2 Answers from Attorneys

Kristine Karila Law Office of Kristine S. Karila

Your question raises alot of questions. Are you the employer or an employee? If you are an employee, you can be fired at any time for any lawful reason, including personality conflicts with other employees. If you are the employer (your question refers to workers as "my employees"), it is not unlawful to be "moody, unapproachable, etc." Call an employment law attorney to discuss.

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Answered on 6/04/13, 10:07 am

Terry A. Nelson Nelson & Lawless

Not only are there no laws 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 applies to you and the employees. You have been put on notice of warning about your performance. Take it seriously. 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.

The only appropriate advice is to honestly and neutrally present your case to the employer, cooperate in resolving the situation fairly. If you want to hire and consult with counsel to assist in this, feel free to contact me.

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Answered on 6/04/13, 1:06 pm

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