Is it considered termination when my manager deletes my access to my work account?

I was out sick for 3 days, when I returned to work I found out that my Office Manager deleted/deactivated my access to my work account. I work in a doctors office and we use Electronic medical records. They had a temp come in to cover, but they deleted my account completely. When I was hired there I used the temp account that they had already set up. Would I consider this being terminated? Also, I was offered a lower wage per hour plus $500 towards medical insurance and a higher wage if I chose no insurance. I chose not to take insurance, but she wanted to make sure about the Obama-care thing before she acted, that was over 7 weeks ago. I do have this wage issue in writing and signed. I have yet to receive the higher wage. I finally just quit/walkedout today after finding out that she deleted my work account and the fact that this was affecting my health severely. Do I have any recourse?

1 answer  |  asked Apr 16, 2013 7:49 PM [EST]  |  applies to California

Answers (1)

Marilynn Mika Spencer
** No attorney-client relationship is created based on this communication. Please consult with an experienced employment attorney as soon as possible to better preserve your rights.**The following comments are for information only and must not be taken as legal advice. The Spencer Law Firm has not analyzed the details of your potential claim. The Spencer Law Firm cannot and does not give legal advice based on contacts from web sites or e-mail, or based on partial information. The Spencer Law Firm will not take any action on your behalf unless you and The Spencer Law Firm sign a legal services agreement.All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Deadlines can be as short as just a few days. For referrals, you may contact the Lawyer Referral Service of the San Diego County Bar Association at (619) 231-8585, or the county bar association for your county. Also, you can find lists of plaintiffs employment attorneys at , , and . You ask if you have any recourse. I'm not sure what it is you want to know. If you are asking whether your employer can do this, the answer is yes, the employer can. 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. 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: 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.You asked if you were terminated. It isn't clear from what you stated. What happened when you came back to work after your three days off? Were you able to work? Were you allowed to work? If you had work to do, then you were not fired. If there was no work for you to do, what happened on the day you came back? It sounds like you still had work to do because you say you "finally" walked out. I don't know if this means you walked out the same day or later in the week, or when.If there was work for you to do, even if the work was different from your usual work, and you walked out, then you resigned. This may prevent you from getting unemployment benefits, but you should apply anyway. Explain the changes to your job with respect to to account being deleted, the lack of response regarding your pay, and most importantly, explain the situation was making you ill. If you are denied benefits, you can appeal the decision within 20 days and then get a hearing before an administrative law judge to whom you can explain details.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 you can resolve your situation and wish you the best. Marilynn Mika SpencerManaging AttorneyThe Spencer Law Firm Marilynn Mika Spencer is licensed to practice law before all of the state and federal courts in California. She can also represent clients throughout the country in courts on a pro hac vice basis and before federal administrative agencies.

posted by Marilynn Mika Spencer  |  Apr 17, 2013 6:41 PM [EST]

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