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  1. Thank you for the explanation and for trying to understand. Your previous reply gave the impression that even after reading my post again you failed to see the merit for cause of action against the employer. I am aware the devil is in the details and it is quite possible those details (and evidence to prove them) can make or break the strength of any case. That being said, in my previous attempts to secure representation, it's possible they missed those details. So if you haven't given up, I would be glad to answer any question that might lend clarity.
  2. For starters, I was assured by their company policy (employee handbook) that all acts of harassment should be reported, even if it doesn't meet the legal definition of harassment, I did, not once but twice, in writing, no investigation or feedback was given per policy and in direct contradiction to their "No retaliation" assurance, they retaliated by first attempting to terminate based on a false accusation of violating safety protocol and finally changed to a lay-off due to "reduction in force" however replacing me with a younger operator the next working day. You can read about it here https://www.nolo.com/legal-encyclopedia/preventing-retaliation-claims-by-employees-29599.html . How about negligent retention of the employee I complained of and his displays of rage, ya the same one that assaulted me along with one other employee resulting in injury both physical and psychological? How about some exculpatory evidence that they knew a crime was committed and intentionally omitted the fact from their statement given to the deputy on scene and to the Union. Last but not least the defamation and character assassination as reported to the Union by the foreman and one or more employees with regard to false allegations that I returned to El Centro where I allegedly went to the hotel some of the crew were staying and pounded on their doors demanding they come out and speak to me. I'm not sure what a one sentence answer is or why I would even entertain such a request. I try to be brief and to the point yet provide enough information for one to be able to form an intelligent opinion. However your username suggests that your purpose is to discourage and mislead. If you are as your name suggests an HR guy, your job focuses on protecting the company from the employee and not the contrary. Certainly, you are aware of the law and you are also aware that ignorant, egomaniacal, narcissistic, buffoons find their way into management (nepotism) and wreak havoc for HR. Maybe you just find it difficult to read between the lines thus "one sentence answers, please.
  3. Perhaps that"s true, maybe I used the wrong phrase. The spirit of the question was basically asking just how could this possibly be legal in one of the most Liberal State in the union.
  4. No worries, you may have provided some insight. I'm going to venture a guess here. After many years of reading legal briefs and motions for this or that discovery. You've developed the necessary skill of hitting the high points. The downside is that detail rich documents and communications tend to be tedious and for that God made law clerks. That being said you are both right and wrong again. Bo is the antagonist, Bo is likely a Narcissist of the worst kind but he was not the foreman. In fact he was a rental operator hired by the company that owns the blade, same pay grade as me. I'm 56 years old, he is 38. The guy that replaced me the following Monday was also in his thirties. Bottom line is I'm too old to trade my dignity for a paycheck. I followed the Employee handbook to the letter. The cost of demanding civility, mutual respect and proper, productive communication, was getting jumped, car door kicked into my back, debilitating pain from my lumbar spine into my leg, off work for a year, finances critical, mental health critical. I didn't show up for that, I've had no problem getting along with all trades through my many years on the job. Common sense and logic makes me wonder why they lied to the Deputy that showed up on scene. Why would it be necessary to assassinate my character a whole week after I was laid off if they were so sure their conduct and behavior were defensible? I just can't believe that what they did to me is business as usual and perfectly legal.
  5. Civil rights include the ensuring of peoples' physical and mental integrity, life, and safety, thank you for your reply. I won't argue, however your reply lacks the attention to detail one would expect from a legal mind. Fact; the antagonist was not my supervisor. He was an abusive, flawed human being that possesses none of the skills required to be a good leader. Not sure how you misunderstood. I was also very clear that I was laid off not terminated. It's possible that wouldn't matter to a good lawyer, either way it seems a case could be made for retaliation. With regard to "passive agression", after reading your reply, I read my post twice and just can't see it. Indignant yes, angry yes, intollerant yes, ashamed, depressed, disappointed...yes..yes..yes. Intimidated to the point of compromising my integrity, rights, laws or the provisions of the contract? No I'm not and here is why.... "Absolute power concedes nothing, never did, never will. find out just what any people will submit to and you found the exact measure of injustice and wrong they will be submitted to" Frederick Douglas
  6. I was on a Union (IUOE) Job near the border. We were grading with heavy equipment for a solar array. This was not my first rodeo, as they say, I'm 55 years old and very good at what I do. So when the operator of the blade calls on the radio to the foreman and says "put the kid in the front, the old guy just does what he wants" it becomes obvious this person either failed to read the employee handbook or feels the contents doesn't apply to him. The "kid" he refers to is my partner and he's 50. Working in tandem, my partner and I return for another load, the blade operator "Bo" flags us down. He wants to know "why the **** didn't you give him the radio? Each pair of scrapers has a radio assigned for improved communication and safety. Clearly, this is not effective communication by any standard. I dismount to address his question. I told him that I don't respond well to people that use agression and insults to communicate. He responded with even more aggressive and then threatened to have me fired as the boss was a friend of his. I suggested he read the employee handbook. This caused him to fly into a rage throwing his hard hat on the ground and screaming at me to just do what the **** I tell you! That weekend at home, I researched conflict resolution, while I used the word "rage" in my search query, I also got information on NPD (Narcissistic Personality Disorder) which seemed to describe the behavior I witnessed so far. The following Monday I attempted to speak with "Bo" and suggest that insults, threats, and aggression were not effective for communication. His reply was "if you and your partner weren't so stupid there would be no problem"! And "maybe you're just too old, either way, if you don't do what I tell you, you'll be gone". The aggression and harassment continued. Besides his inability to recognize the safety implications of his requests and the fact that both the Employee Handbook and the Labor Code 6311 don't require me to put myself, my partner or others at risk, he continued to insist on blind obedience. As the Handbook says "report all incidents of harassment even if you feel they don't meet the legal definition of harassment. I did so and got no response, there was no "investigation", no dispute resolution and the harassment continued. I sent a second email reporting the hostile environment and again I was ignored. I revisited the information on NPD. I realized that in the third week of employment when the foreman took our radio claiming malfunction was possibly an effort to isolate my partner and I and make the work more difficult. I still had no response to my emails and the following week a termination effort was made. The accusation was proven inaccurate so I was informed that I would be laid off due to "reduction in force"....the only one. After getting my final pay at the field office I returned to the job site to retrieve my personal property from the machine I was running. It was lunch time and I noticed an employee with which I had no quarrel was waving me over to the lunch area where he and Bo were standing. I walked over assuming they perhaps had an apology for me. Instead, I can see this guy is worked up, fist in a ball, breathing through his teeth and he says "what the **** do you want?" I replied, "you waved me over". He looks at Bo and says "should I?" for which he meant "should I knock him out? I told him it's a little late for that, I said if you or anyone else had a problem with me or my work, you should have come talk to me. Not one of you said a word to me or my partner and now you want to punch me. I said there is not a single man amongst you. As I turned to walk back to my truck, Bo said "my mom is more of a man than you" I laughed and asked did you just say your mom is a man? With that, he flew into a rage, said: "I'll ****in kill you, I'm not afraid of you" he took of his jacket and charged at me like a bull. Someone grabbed him and they fell as I retreated to my truck. As I got in the other guy ran up and kicked my door which slammed into my left lower back and closed. He continued to kick my truck over and over while bo punched the driver side window trying to break it. As I went to my machine to get my property, they pursued yelling threats if they ever see me again. Someone was kind enough to grab my things and hand them through the window so as not to expose myself to another assault. As I drove off I heard someone say "call the cops. I waited at the corner until a Deputy arrived and filed a report. I reserved my right to seeking charges and went home. I filed for workman's Comp for the injury to my back and psychological injury. Both were denied claiming that I was not employed by them at the time. However I was paid until the end of the day. My question is how many civil rights violations and how many labor code violations do you see? Second why have I had no success in finding a lawyer?
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