My boss is making us stay until 4:30pm but let's everybody else leave early for the holidays, just because HR reprimand him for not being fair with us we clock in, others don't, so he even fired HR for defending our rights they never told us we can take 2
Is that relatiation? Since my boss was reprimanded by HR he's treating me very hard he won't let us leave early for the holidays but other's he does. He had a pattern of practice for 29 years until now and he even fired HR
1 answer | asked Nov 24, 2016 10:34 PM [EST] | applies to California
Answers (1)
It is really difficult to understand what your situation is. If your boss fired HR, then he must be the owner of the company or very high up in management. If so, then it is not likely he is simply responding in anger to HR. Perhaps HR explained to him a way in which the company was legally vulnerable for his manner of operating the business.
Regardless of what happened between your boss and HR, you should know that 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 | Nov 27, 2016 7:32 PM [EST]
Regardless of what happened between your boss and HR, you should know that 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 | Nov 27, 2016 7:32 PM [EST]
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