Ridgecrest, CA asked in Employment Discrimination for California

Q: Manager audits. Has only negative portions (incorrect) displayed for all other employees to see, with how’s and why.

My question: Can my employer have a colleague post the negative portions of the audit, with comments on how I got it incorrect (which most are not incorrect), some are), on a an electronic format permanent record, (the patients invoice) where many departments within the hospital can read. I feel it diminishes my current and future credibility. Especially due to the fact the person performing the audit is unqualified, and never done one. She is of equal status with myself.

Thanks for the input.

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2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Employment Law Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: Is this a question? If so, I'm not sure what you are seeking here. In every work setting, sometimes you have to deal with a manager who has her own agenda regardless of what you do. Keep careful notes on everything you do, and you may even want to keep a daily diary of how things go at work. Save all communications you get or send so you will have a record to look back on. Keep your nose clean is what my father told me. I didn't understand that at the time, but it means do what you are supposed to do to the best of your ability, and mind your own business. And be respectful at all times, especially when others are not to you.

1 user found this answer helpful

Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: A manager has great discretion to train, discipline and instruct employees in the workplace. As an at will employee you can be disciplined for any reason or even no reason at all, including reasons you can prove are incorrect, and you can be terminated likewise.

If you can prove you are being treated this way because you are male, that would likely give you a legal claim, but there mere fact that you are the only male will not be enough.

You talk about working off the clock. If you are an hourly employee you must be paid for all time you work even after your normal working hours. If this happens with any regularity, be sure to keep track of the time, and request payment from the employer. If you are not paid, you can bring an action to recover the money that should have been paid once you accrue enough unpaid time to make it worth the pursuit.

Good luck to you.

1 user found this answer helpful

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