Articles Tagged with employee relations

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employers actions not illegalThe following is is a list of things that employers often do, which might seem unfair or hurtful, but generally not illegal (in the absence of specific evidence of discrimination or unlawful retaliation) in an at-will employment setting:

(1) Issuing unfair performance reviews or warnings

An employer is entitled to a subjective view and opinion of your  job performance. The fact that you disagree with your review or believe it’s false or unfair, and the fact that you think that you are very good at what you do, doesn’t make that evaluation illegal. The same applies to warnings or any other disciplinary action.

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dealing with workplace issuesHaving been working with hundreds of employees on dealing with their workplace issues in San Francisco and Sacramento area over the past ten years, I see the same five common misconceptions about California employment law that many employees have, and their repeat themselves over and over:

1. I can sue my employer because I am being treated really badly. 

The are many ways in which an employer can treat an employee badly – from unfair performance reviews, false rights ups, to micromanaging, yelling and using degrading language. However, the vast majority of those types of behavior are not illegal. Being treated badly, whether you think it’s bullying or harassment, is not against the law, unless there is specific evidence that the actual reason for that bad treatment is discriminatory, i.e. your rage, age, sexual orientation, disability, familial status, etc… or retaliatory (due to complaining about unlawful actions of a specific kind). Otherwise, no legal claims can be made based on unfair or harsh treatment by the employer.

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