I have been employed for over 3-1/2 years and now Wrongfully accused of theft . I was discriminated by being the only employee SUSPENDED INDEFINITELY FOR FURTHER INVESTIGATION with NO PAY of the DISAPPEARANCE OF THE BRIDAL BOUQUET. Total time of suspensio

I have been employed for over 3-1/2 years and now Wrongfully accused of theft . I was discriminated by being the only employee SUSPENDED INDEFINITELY FOR FURTHER INVESTIGATION with NO PAY of the DISAPPEARANCE OF THE BRIDAL BOUQUET. Total time of suspension was 3 weeks with no pay . I feel I have been discriminated singled out and defamation of character .. Discussed with clients and employee of the accusations. Now i was presented with a FINAL WARNING NOT FOR THEFT OF BRIDAL BOUQUET as a matter a fact that accusation was never mentioned or documented on warning. The accusation was ignored. The final warning was for tardiness and misconduct only... No theft. WHAT RECOURSE DO I HAVE???

1 answer  |  asked Oct 22, 2015 02:38 AM [EST]  |  applies to California

Answers (1)

Marilynn Mika Spencer
Your post is somewhat confusing because we have no idea what you are referring to when you talk about a bridal bouquet. It sounds like you work in a place that arranges weddings or sells wedding supplies.

But no matter where you work, you and the other employees 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. And an employer can make decisions based on faulty or inaccurate information. An employer has no obligation to warn an employee that he or she is not performing as the employer wants. 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.

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.

I hope there is a good resolution to this situation.

posted by Marilynn Mika Spencer  |  Oct 23, 2015 04:25 AM [EST]

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