Legal Question in Employment Law in California
I worked for a psychiatrist (AME). I became ill with cancer and was off work eight months. When I returned, he would tell me he was glad I returned, then tell me I was psychotic, would take me in his office and tell me he never had such a poor employee. He would enter my office up to 12 times a day, close the door and criticize me day after day. He told me I was a failure, that all I could do is fail, and said he did not think I graduated high school. I was so sick when I returned to work, I had to go back and I needed my health insurance. He would tell me to get out, when I went to leave, he told me if I left he would fire me. He would ask questions, and when I opened my mouth to speak, he told me to shut up. He was so cruel at such a vulnerable point in my life. The deepness of the pain is hard to describe. Sometimes in the middle of his tirades, he would leave, return and kiss me on the top of my head, telling me how special I was. The details are skipped over in this message. I do not know if I should pursue anything. After my cancer treatment, I began seeing a psychiatrist and counselor for trauma from the treatment, but it has all been about work. I am not sure what to do. My confidence level is so low, the economy is so bad. I would appreciate any advice and will give more details if requested. Thank you.
2 Answers from Attorneys
Not only are there no laws against poor management, 'unfair treatment', rude and obnoxious behavior, or even 'plain harassment', 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. You are always free to quit, but could be disqualified from EDD benefits.
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. Now if you think you can show the conduct was illegal under the above definitions, beyond mere harassment, feel free to contact me for the legal help you�ll need.
Your psychiatric injuries may be caused by a combination of work and and cancer. You may have a valid worker's compensation claim against the doctor. Feel free to call us at 213.388.7070 for a free consultation.
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