laid off for complaing about working environment

[dorko101]

state: california

So is there grounds of wrongful termination when employee complains to upper management that a supervisor is bullying him/her and creating a hostile working environment. A week later, the employee is "laid off" and employer going to hire part time replacements for the laid off employee.

Thanks.

 

[HomeGuru]

state: california

So is there grounds of wrongful termination when employee complains to upper management that a supervisor is bullying him/her and creating a hostile working environment.

**A: please clarify.

 

[cbg]

You have grounds for a wrongful termination suit if either of the following has occurred:

1.) You have been terminated BECAUSE OF your race, religion, national origin, disability, gender, pregnancy, or because you are over 40 (since you are in California you may add marital status, medical condition, political activities or affiliations, and sexual orientation to that list)

2.) You have been terminated BECAUSE you applied for or used a benefit or right that is protected by law.

To the best of my knowledge, only four states protect you from retaliation in regards to making an internal complaint, and California is not one of those four. I could be wrong, and IAAL or someone else with specific knowlege of CA law is invited to correct me if I am.

However, if what you complained about is ILLEGAL harassment (see above) then protection would apply and you MAY have a wrongful term suit.

FYI, what the large majority of people consider a hostile work environment, isn't.

If you would like to provide additional details as HomeGuru suggests, then you can get an answer that is more specific to your situation.

 

[dorko101]

supervisor bullies employee all the time, also has a history of mentally abusing employees.

1. not treating employee with respect
2. yelling and abusive towards employee.
3. be litting emplyee, making him/her feel it's always their fault.

The employee went to HR and complained about the unhealthy working environment.

Then employee got "laid off" and they are hiring someone part time to replace employee.

 

[dorko101]

Additionally. the abuse happend to everyone in the office not just one employee. All of them went to complain and all were sub sequently "laid off".

Examples of abuse:

1. yelling at you for something you did, saying himself/herself could have done a better job.
2. yelling at you for no reason, and won't leave until you start crying, like he/she gets off on making you miserable.

All abuses fits the behavior of a work place bully.
http://bullyinginstitute.org/def.html

 

[cbg]

It may fit the description of a bully, but nothing you describe indicates that anything ILLEGAL has taken place. Given the facts you describe, I don't see a wrongful term case.

 

[Beth3]

Agreed. No laws require the boss to be nice and being laid off in response to complaining about the boss's behavior (when the boss isn't violating any laws) is not prohibited.