Ontario, CA asked in Employment Law for California

Q: Is this a good candidate for a retaliation case in California?

I complained to management about consistently having 3-4 time the caseload promised but still having to meet the metrics of people who have 30 cases. I had 166 at one point. I also complained about how a lot of their workflows do not make sense. They have never done our jobs so they don't know what its really like. Since then management has been over checking my work, finding fault in everything, even checking my voicemail greeting for no apparent reason saying it is not correct, but have NOT been doing the same to my coworkers who also go off script on their voicemails. The other manager said that shouldn't happen bc management doesn't have time to check voicemails. I get emails about petty things everyday. I didn't get my "above and beyond bonus" but have been getting bonuses prior for doing way less work. MUCH more has been happening but too much detail to put. Even my coworkers notice how I'm being treated stating "I think they hate you". Is this worth a consultation with a lawyer?

Related Topics:
2 Lawyer Answers
Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

A: Unfortunately, there is no law against being a bad boss unless the boss' behavior is motivated by a protected class such as race, religion, gender, sexual orientation, military service, pregnancy, disability or other protected status or retaliates against you for opposing such conduct.

The conduct must also be severe and persuasive in order to be actionable.

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Certainly you can make a good argument that you are being subjected to retaliation. However many forms of retaliation are not against the law. Only retaliation against you because you engaged in some form of legally protected conduct becomes something you can sue about. Complaining about a bad boss and the like is not considered protected conduct.

Sorry for the bad news. Good luck to you.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.