Can my boss keep being rude to me and not being professional ?
Well since she started there she has been very rude and I feel since I wrote that letter to the CEOs she has got worst. For every thing she is on me.
2 answers | asked Aug 30, 2015 7:24 PM [EST] | applies to California
Answers (2)
Mr. Jaffee is correct. Unfortunately, employees and job applicants have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. It’s not a level playing field. An employer hires employees to provide work for its benefit, not for the benefit of the employees. Don't expect the employer to take care of its employees; it doesn’t have to and it rarely does.
There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment in California which should help you understand employment rights: http://www.thespencerlawfirm.com/pdf/tslf-at-will-california.pdf. After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful.
Also, if your letter to the CEO discussed your boss' actions or attitude toward specific groups, as referred to above, then any increased harassment or adverse actions may be illegal retaliation.
Employment rights come from the state and federal legislatures. One of the best things people can do to improve their employment rights is vote for candidates with a good record on pro-employee, anti-corporate legislation. Another way to protect employment rights is to form or affiliate with a union, or participate in a union already in place.
posted by Marilynn Mika Spencer | Sep 5, 2015 7:34 PM [EST]
There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment in California which should help you understand employment rights: http://www.thespencerlawfirm.com/pdf/tslf-at-will-california.pdf. After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful.
Also, if your letter to the CEO discussed your boss' actions or attitude toward specific groups, as referred to above, then any increased harassment or adverse actions may be illegal retaliation.
Employment rights come from the state and federal legislatures. One of the best things people can do to improve their employment rights is vote for candidates with a good record on pro-employee, anti-corporate legislation. Another way to protect employment rights is to form or affiliate with a union, or participate in a union already in place.
posted by Marilynn Mika Spencer | Sep 5, 2015 7:34 PM [EST]
The answer is, "It depends." If your boss's conduct is based on your membership in a protected class, then it is unlawful. Examples of illegal conduct against a member of a protected class are acts of discrimination on account of race, religion, gender, age, marital status, disability, sexual orientation or for reporting illegal conduct either within or outside the company (whistleblower). However, if your boss is rude, obnoxious or annoying without the additional factor of involving a protected class, it is likely not illegal. The law has not (yet) made it illegal to be a jerk.
posted by Stephen Jaffe | Aug 30, 2015 9:35 PM [EST]
posted by Stephen Jaffe | Aug 30, 2015 9:35 PM [EST]
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