Q: Hi I was placed on administrative leave at work. I need help.
In the 3 plus years I've been at my job I have received nothing but accolades for my work. Sadly, this all came to a screech due to being required by my supervisors to take on additional roles when others left my department. Roles that required full-time employment of others. I tried many avenues to help resolve these issues. Unfortunately HR did not want to hire Temps or substitutes to fill in so I was stuck by myself. So I did what I could to keep my department going. With the additional roles there was no way for me to do my job effectively. My supervisor was completely aware of this and tried providing support but none was available as we were in the middle of covid. I did the best I could and managed the situation and was able to pull thru.
This is where the allegations come in of me not doing my job. The allegations towards me are completely false. In fact, during the time of the false accusations I was getting gratitude from the president and colleagues. I need help.
A:
I am very sorry to inform you that there is nothing unlawful about what is happening to you.
In California you are considered to be an at will employee unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can change the terms and conditions of your employment, including the tasks you are required to perform, at any time and for any reason or even no reason at all. You can be disciplined or even terminated for any reason or no reason at all as well.
Your employer can lawfully make you work 5 people's jobs and discipline or terminate you for not getting the work done, even if you could prove it is impossible to do so. Further, your employer can terminate or discipline you for things that are provably untrue.
Unless you can prove you are being treated this way because you are a member of a protected class of people or because you engaged in some form of legally protected conduct, you really have no recourse other than to use your at will right to quit and find another job.
If you are in a union, there may be a contractual remedy available to you through a grievance procedure. If so, speak to your union representative.
Good luck to you.
A:
You need a confidential consultation with an attorney offline. Your communications on this board are not protected by the attorney client privilege.
Your employer can assign more work than you can possibly perform and fire you for not doing. While it would be unfair, it is not illegal unless it is motived by hostility toward a protected class such as race, religion, gender, sexual orientation, gender expression, military service, pregnancy, disability or opposing illegal conduct.
A: I'm not comfortable making the type of categorical statements provided by certain of my colleagues. Speak with a local employment attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
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