Legal Question in Employment Law in California

My wife is being treated horribly at work. She was promoted to a management postition and since recently witnessing her boss' misconduct, has been singled out by him. He fired the managers around her and then had her doing 3 job discriptions and as a result her actual job suffered! he told her she had to be on call 24/7 even though she never agreed to that when accepting the job. He then posted her job as being available even though she was still working it. He told her she had to step down from her position even though he could not offer any reasons why! The reasons he offered to her were a recent absence of two days from work which were excused by a doctors note, citing that she wasnt 'healthy enough' for the job, and also that because she has kids she would be unable to do her job properly?! Didnt tell her for 10days whether she still had the job or not. Now he has said they don't have the position for her anymore and that she has to work night shifts, and they will re-advertise her job in a few weeks! He has made offensive and sexist comments to her also. We are looking for legal advice as we are stuck right now as she is our family's only form of income and we need to know how to fight this!

Asked on 4/25/13, 9:36 am

2 Answers from Attorneys

Kristine Karila Law Office of Kristine S. Karila

Have your wife call an employment law attorney to discuss.

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Answered on 4/25/13, 9:40 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 is, UNLESS the conduct is based upon discrimination, harassment or retaliation as defined as actually ‘illegal’ under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes.

She MAY have an issue with gender discrimination on those facts you stated. Feel free to contact me to discuss the actual facts, her remedies and the legal help you’ll need.

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Answered on 4/26/13, 12:40 pm

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