Insubordination?

[coderyan]

What is the name of your state (only U.S. law)? California

Hey there.
I'm writing on these forums today because I feel as if I have been targeted by owner and management for harassment.

I will start out the story from last Friday, the 1st of January.

Friday, January 1st, 2016:
This day was any normal day, I have been excelling at my new position. The owner of the company came into my office and told me that I had been doing a great job. She felt confident and secure that I could handle my job without having to check my work anymore.

Monday, January 4th, 2016:
I received a call from my fianc�e that our very special feline friend passed away. I let management and the owner know what was going on and that I needed to take my deceased pet to the pet cemetery for cremation, as my pregnant fianc�e could not drive. I stated that I would do this as fast as possible and would return to work. I did exactly as stated, and when I returned, I was upset as anyone losing a family pet would be, but not upset to the point where it would interfere with my work. Multiple times they came into my office and asked if I was okay to work, each time I pleasantly told them that I was able to, plus it'd be good to be at work and take everything off my mind. An hour later, they sent me home for the day paid. Although I disagreed and thought I'd be better off continuing my work, they still insisted that I left.

Tuesday, January 5th, 2016:
Upon my departure from work on this day, which I always leave an hour early, there was an accident on my windy road that leaves from my gated community to the freeway. The weather was quite nasty that day and traffic was at a stand still. I texted the owner as I was previously told to do in the event of a possibility of being late. I let her know that while there was still 40 minutes until work started, I may possibly be late. Stated there was a pretty bad accident and that I was at a stand still. She texted back and thanked me for letting her know. Upon arrival to work, I had an email with a final warning because I did not also text my manager to let her know. I was unaware of my needing to do this, not to mention their offices are adjoined. Tuesday continued on as a normal day.

Wednesday, January 6th, 2016:
This day started out quite off. Every piece of work was picked up off my desk after completion for review. I was a little confused because on the 1st, I was told my work no longer needed to be corrected. I pushed it to the side of my mind though as it wasn't a big deal. Everything I had received that day back was marked with everything being a mistake and questioning as to why I chose codes that I chose. I went in an calmly explained why, as a professional coder, I chose the codes in question. She told me I needed to take my time, and I agreed because I know that it takes time. I went back to my desk and reviewed all of my work over again and didn't find any mistake made. Still, I took my time and the day concluded.

Thursday, January 7th, 2016:
Upon arrival to work this morning, I had an email in my inbox stating the codes I chose from Wednesday were in fact correct. No apology as to basically chewing me out in front of the office. I went about my day and at this point, I was told I need to pick up the pace and stop spending so much time. At this point again, I am confused because just the previous day, I was told to take my time. But at any cost, I am not argumentative and picked up my pace. Again, I was chewed out in the office as my codes were supposedly wrong again. I explained that this doesn't seem right as I have been doing the same thing I have been doing for the previous weeks when I was praised for my work. Nonetheless, I took what was said and explained that I would do my best to be better.

Friday, January 8th, 2016:
Upon arrival to work on this day, I went into the GM office. I explained that on my lunch that day, I would be going to pick up our pets cremains and that I would like to do so whenever they were readily available to do so. She said absolutely and thanked me for letting her know. Within 3 minutes, I had an email in my inbox stating that I was not allowed to switch lunch times and that I was not allowed to have my cellular device anywhere in the office. I was confused because I have a pregnant fianc�e who is due relatively soon, and not to mention that when I initially came into her office that morning, she had been sitting on her cell phone texting. Regardless, I replied that I agreed to the conditions. About 10 minutes after that email, my boss/owner comes into my office, yells at me, tells me my work looks like it is that of someone who has never gone to school for this work, or opened a book. Then proceeded to tell me that she could take it to anyone in the office and they could do a better job than I could. I was close to tears because out of my 7 years in the profession, I have never been berated for my work. At my previous employment, I worked alongside a coder who had been doing so for 30+ years, and my work was always praised. Not to mention, when I took my proctored exam, I had the highest score out of all the participants, and that is no easy feat. My boss, then left my office and left me with such a stressed feeling that I felt sick to my stomach. About 3 hours later, I was invited into the conference room to attend a coworkers baby shower. I explained to my GM that I didn't quite feel well and that I had to take my lunch still to go run my person errand I mentioned earlier this morning. She left my office with this angry/offended look on her face. I left on my lunch to run my errand, and returned 10 minutes before I was supposed to be back from lunch. My GM came into my office, shut my door. She told me that when she hired me that she mentioned that we were a team oriented business, which I agreed with. Then told me she was sending me home without pay for being insubordinent by not attending the baby shower. Then told me I needed to think over the weekend about whether or not I wanted to still work there.

I left work that day and got into contact with my previous employer and she said that she would gladly take me back.

Later that night, I was contacted by a coworker who explained to me that they were trying to get me to quit so they wouldn't have to pay me unemployment benefits. She also told me that during the baby shower when I was on lunch retrieving my pets cremains, that the owner and the GM were laughing at my expense of losing our pet, saying things like I was a cry baby, etc etc., which at no point did any coworkers think was funny. I plan on letting them know either today or in the morning that I will not be working for their company anymore. But my question is, how is that in any way legal. When only a week before nothing was wrong and I was praised. I'm just confused and looking for some help. I know this story was long, but I had to include every detail I possibly could.

Thanks so much for any info and any help. It is more than appreciated.

 

[LdiJ]

What is the name of your state (only U.S. law)? California

Hey there.
I'm writing on these forums today because I feel as if I have been targeted by owner and management for harassment.

I will start out the story from last Friday, the 1st of January.

Friday, January 1st, 2016:
This day was any normal day, I have been excelling at my new position. The owner of the company came into my office and told me that I had been doing a great job. She felt confident and secure that I could handle my job without having to check my work anymore.

Monday, January 4th, 2016:
I received a call from my fianc�e that our very special feline friend passed away. I let management and the owner know what was going on and that I needed to take my deceased pet to the pet cemetery for cremation, as my pregnant fianc�e could not drive. I stated that I would do this as fast as possible and would return to work. I did exactly as stated, and when I returned, I was upset as anyone losing a family pet would be, but not upset to the point where it would interfere with my work. Multiple times they came into my office and asked if I was okay to work, each time I pleasantly told them that I was able to, plus it'd be good to be at work and take everything off my mind. An hour later, they sent me home for the day paid. Although I disagreed and thought I'd be better off continuing my work, they still insisted that I left.

Tuesday, January 5th, 2016:
Upon my departure from work on this day, which I always leave an hour early, there was an accident on my windy road that leaves from my gated community to the freeway. The weather was quite nasty that day and traffic was at a stand still. I texted the owner as I was previously told to do in the event of a possibility of being late. I let her know that while there was still 40 minutes until work started, I may possibly be late. Stated there was a pretty bad accident and that I was at a stand still. She texted back and thanked me for letting her know. Upon arrival to work, I had an email with a final warning because I did not also text my manager to let her know. I was unaware of my needing to do this, not to mention their offices are adjoined. Tuesday continued on as a normal day.

Wednesday, January 6th, 2016:
This day started out quite off. Every piece of work was picked up off my desk after completion for review. I was a little confused because on the 1st, I was told my work no longer needed to be corrected. I pushed it to the side of my mind though as it wasn't a big deal. Everything I had received that day back was marked with everything being a mistake and questioning as to why I chose codes that I chose. I went in an calmly explained why, as a professional coder, I chose the codes in question. She told me I needed to take my time, and I agreed because I know that it takes time. I went back to my desk and reviewed all of my work over again and didn't find any mistake made. Still, I took my time and the day concluded.

Thursday, January 7th, 2016:
Upon arrival to work this morning, I had an email in my inbox stating the codes I chose from Wednesday were in fact correct. No apology as to basically chewing me out in front of the office. I went about my day and at this point, I was told I need to pick up the pace and stop spending so much time. At this point again, I am confused because just the previous day, I was told to take my time. But at any cost, I am not argumentative and picked up my pace. Again, I was chewed out in the office as my codes were supposedly wrong again. I explained that this doesn't seem right as I have been doing the same thing I have been doing for the previous weeks when I was praised for my work. Nonetheless, I took what was said and explained that I would do my best to be better.

Friday, January 8th, 2016:
Upon arrival to work on this day, I went into the GM office. I explained that on my lunch that day, I would be going to pick up our pets cremains and that I would like to do so whenever they were readily available to do so. She said absolutely and thanked me for letting her know. Within 3 minutes, I had an email in my inbox stating that I was not allowed to switch lunch times and that I was not allowed to have my cellular device anywhere in the office. I was confused because I have a pregnant fianc�e who is due relatively soon, and not to mention that when I initially came into her office that morning, she had been sitting on her cell phone texting. Regardless, I replied that I agreed to the conditions. About 10 minutes after that email, my boss/owner comes into my office, yells at me, tells me my work looks like it is that of someone who has never gone to school for this work, or opened a book. Then proceeded to tell me that she could take it to anyone in the office and they could do a better job than I could. I was close to tears because out of my 7 years in the profession, I have never been berated for my work. At my previous employment, I worked alongside a coder who had been doing so for 30+ years, and my work was always praised. Not to mention, when I took my proctored exam, I had the highest score out of all the participants, and that is no easy feat. My boss, then left my office and left me with such a stressed feeling that I felt sick to my stomach. About 3 hours later, I was invited into the conference room to attend a coworkers baby shower. I explained to my GM that I didn't quite feel well and that I had to take my lunch still to go run my person errand I mentioned earlier this morning. She left my office with this angry/offended look on her face. I left on my lunch to run my errand, and returned 10 minutes before I was supposed to be back from lunch. My GM came into my office, shut my door. She told me that when she hired me that she mentioned that we were a team oriented business, which I agreed with. Then told me she was sending me home without pay for being insubordinent by not attending the baby shower. Then told me I needed to think over the weekend about whether or not I wanted to still work there.

I left work that day and got into contact with my previous employer and she said that she would gladly take me back.

Later that night, I was contacted by a coworker who explained to me that they were trying to get me to quit so they wouldn't have to pay me unemployment benefits. She also told me that during the baby shower when I was on lunch retrieving my pets cremains, that the owner and the GM were laughing at my expense of losing our pet, saying things like I was a cry baby, etc etc., which at no point did any coworkers think was funny. I plan on letting them know either today or in the morning that I will not be working for their company anymore. But my question is, how is that in any way legal. When only a week before nothing was wrong and I was praised. I'm just confused and looking for some help. I know this story was long, but I had to include every detail I possibly could.

Thanks so much for any info and any help. It is more than appreciated.

Evidentially it left a bad taste in someone's mouth when you had to leave work to take your pet to the pet cemetery and someone wants you to quit so that they do not have to pay you unemployment benefits. Since your previous employer is willing to take you back, you obviously do not need unemployment benefits. You might as well get out while you can.

 

[OHRoadwarrior]

If you could not take your pet to be cremated on your own time, you should have buried it on your own time. Your employer directed you, on the clock, to attend the baby shower. You declining to do so was insubordination. Belief in baby showers is not a protected class.

 

[coderyan]

I was directed to attend the baby shower on my MY EARNED lunch hour. Not on their time.

 

[OHRoadwarrior]

You were also given the ability to continue working there and told to decide on Monday, then you quit.

 

[Proserpina]

Nothing illegal happened here.

Move on.

 

[justalayman]

You may an earned lunch HALF HOUR. (Where were you going to go in a half hour?)

The time your lunch is allowed is variable at the employers discretion, not yours. I read nothing saying you were being refused your lunch either.

But California does allow the employer to require the employee remain on premises during lunch period.

It also gives requirements for when an employee is not provided a lunch period (which means not allowing a lunch is not the end of the world)

But regardless of any of that: you were not refused your lunch.

Given your old employer is willing to accept you back it appears that would be your best direction. Right now you have a pissed off employer that has done nothing wrong.

You have to learn when it's time to hold and when it's time to fold. You have no hand. Folding would be advised.

 

[cbg]

The bottom line is that nothing you have described constitutes illegal harassment.

 

[anearthw]

You are, by your own admission, a new employee. This week alone, there were multiple incidents that interfered wit your job - the cat, being late, the cat again, etc. I'm sure the employer is expecting this x 10 when the baby arrives, if she can't deal with the cat alone. There are job cultures where this is okay - this employer is NOT one of them. So, it's really your decision to make. Your behavior has been unprofessional, and it's not illegal to be irritated about it.

 

[Sockeye]

"But my question is, how is that in any way legal"

Because none of their action was illegal.

For what it's worth, I wouldn't call this insubordination, but it is a subjective term.

 

[commentator]

Insubordination, no, but you gave them a few cues that they might've just made a "hiring error" and they chose, very wisely to act upon it quickly.

In the first place, you haven't, it seems, learned to keep your home life and work life issues very separate. You seem to believe that everyone should be understanding, supportive and should give you a lot of hand holding and attention and personal care because you have a dead pet, a pregnant fiancé, and because no one, NO ONE, has EVER criticized your work this way before and you're pretty sure they were just doing it to be mean. You obviously were not a good fit for this workplace. And because they were talking mean to you, were not supporting you, were threatening you, you chose to walk. That was your legal choice. And that generally means no unemployment benefits.

The good news is that you have another job where they know you and obviously like you and are willing to take you back. So go back and forget this one.

But as far as your new employer making things less than nice for you in hopes you will quit, yes, they probably did that. And that's perfectly legal for them to do. No labor law says they have to be supportive, understanding, or even truthful or nice to their employees. When they hire someone and then something happens which causes them to find that they are less than enthusiastic about the new person, the best thing for all concerned is to cut the relationship very short. If the employee elects to quit, that just means the employer doesn't have to fire them, and so their chances of getting to draw unemployment benefits are greatly lessened, which is a plus for the employer.

Live and learn. If your cat, or your dog or hamster or grandmother dies, keep it at home. Do not share your personal issues in the workplace. Because you have a pregnant fiancée who's due to deliver any day does NOT give you the right to have a cell phone on when they don't want you to. Because you were chewed out when you are sure your work was fine doesn't give you any right to sue or defend yourself against this treatment. It's not illegal to make fun of you or call you a crybaby. Your rights in the workplace are pretty much what they want them to be, even if they give different treatment to others. It just can't be because of your EEOC issues, you know, race, creed, national origin, etc.

 

[coolmaltese]

If things happened as you described, I would have left that company on the final day with a smile and a sigh of relief that I was done with that toxic environment.

As a former manager and also employer, I would never have treated an employee like that.

I also realize there are some employees who will take advantage as much as they are allowed but it sounds like in your case it was a matter of forcing you to quit...

 

[commentator]

What this OP described would be very unlikely to be described by the unemployment system as a valid work related reason to quit the job. It just didn't rise to the level of "forcing a quit" in ways that are actually over the top. It's nice you would've never done this to an employee, but there are a lot of employers who aren't very nice, and they are doing nothing illegal. This OP sounds like he is very lucky to get to go back into the better environment.