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Written Warning & Defamation/Bad Performance Review California

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  • Written Warning & Defamation/Bad Performance Review California

    hello
    i recieved a written warning saying I was "hostile" and "overly aggressive" and "made others feel unsafe" in January right after the new year.
    My supervisor at the time never told me exactly what i did wrong and there is no evidence.

    I had no choice but to go through the period and was subjected to further harassment and a hostile work environment where other managers made comments about a disabled person, my sexual orientation and other instances. i filed an investigation and their legal eagles of course said they investigated and said they didnt find anything discriminatory in my allegations, then said the written warning and my bad review which resulted was warranted.

    To this very day i still have no idea what i did wrong. HR signed it without even verifying information such as my grade level nor did they even talk to me or security was called. I have extensive documentation of my performance and had tons of awards and recognition all last year.

    I asked them what i did that was hostile or violent under definition and they wont tell me.

    Do i have a right under CA law to know the charges on disciplinary action? i am trying to get this removed from my record.

    thanks

  • #2
    Burden of Proof California

    Hello
    If an employer writes that I am hostile and violent, wouldnt they have the burden of proof to show evidence that I am/was?
    thanks

    Comment


    • #3
      rogue77, I combined your thread (question) of today with the thread (question) you started yesterday.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Originally posted by rogue77 View Post
        Hello
        If an employer writes that I am hostile and violent, wouldnt they have the burden of proof to show evidence that I am/was?
        thanks
        Not really. Employers are not held to the same standards as courts of law and there is no law requiring what you are asking for.

        CA (and almost all other states) are subject to Employment At Will. Meaning that the employer does not need a reason to terminate someone legally. Now there a bunch of potential problems with Employment At Will. Mainly that if you fire someone for no reason (At Will), the employee can try to claim that there was an actual (illegal) reason for the termination like Title VII. It is always safer for the employer to be able to support a specific cause termination but that is not a hard legal requirement.
        http://en.wikipedia.org/wiki/At-will_employment

        One of two things is happening. Either the employer honestly feels you have a problem and are trying to fix it. Alternatively they have already decided that they want you gone and for some idiotic reason they think they have to fake something up (legally they do not). If they want you gone, you are gone. You can talk to an attorney, but the legal burden of proof is on you, not the employer, that an ilegal termination has taken place. And the vast number of terminations are legal. And the employer has done nothing legally interesting until the termination actually occurs. The employer has every legal right to their opinion. You have a right to diagree with that opinion but they are not required to pay any attention to your opinion.

        Not what your are asking but your smart response is to keep your mouth shut and make an honest effort to do what your employer is asking. Even if you do not agree with it. Especially if you do not agree with it. Any other action you take while you are still employed helps the employer and hurts you. If you want to quietly talk to an attorney or look for another job, fine and dandy. But standing on "your rights" (which do not actually exist) and arguing with your employer just reinforces their opinon that you are a problem employee who needs to be let go. Worst case, they will take everything you say and do as "proof" of the problem.

        "The nail that sticks out is the one that gets pounded".
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          Originally posted by rogue77 View Post
          hello
          To this very day i still have no idea what i did wrong. HR signed it without even verifying information such as my grade level nor did they even talk to me or security was called. I have extensive documentation of my performance and had tons of awards and recognition all last year.

          thanks
          You can perform your job and still be hostile and threatening. The ability to do your tasks and being hostile or threatening are not mutually exclusive.
          Last edited by HRinMA; 06-22-2012, 11:54 AM.

          Comment

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