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  1. #1

    Default Suspended for Problem I'd Addressed for Several Months

    My question involves labor and employment law for the state of: California

    The company (in California, USA) I work for provides computers to its employees. In order to perform the job that I was hired for I have no choice but to use the computer at each job site I visit. However, it is not unusual for the machine to crash upon instantiating even one necessary application, causing me to waste up to two hours simply trying to access the data I need in order to perform my job. I have written documentation of my informing my supervisor of the problem, have gigabytes worth of video footage and pictures of the computer crashing, lagging, freezing and so forth, which I have shared with my supervisor. I am being suspended from work now (as retaliation for speaking with HR about an abusive manager, I suspect, though that is a different issue) for "misconduct." The misconduct in question is my that i had indicated arriving at a jobsite that i had
    left twenty minutes earlier. The reason for my doing this was computer error. I had to repeatedly restart the computer that morning, was unable to access the necessary information in that location via the aircard provided, and in general had a lot
    of difficulty simply instantiating a SINGLE application in order to indicate my arrival status. On the day in question, as is my habit, I had been recording much of the technocataclysm that ensued after i powered the computer on. I showed a fifteen minute long
    video from the time in question to the general manager during my suspension meeting, as well as an additional two from that time frame. Regardless of this, the suspension was carried out against me.
    My question: The faulty equipment I have been issued for my work makes performing the job impossible. I followed all appropriate channels per company policy in an attempt to rectify the computer problem. I have text records documenting this. I have documentation of sending videos and pictures of the malfunctioning computer to my supervisor. I have personally spoken to the equipment manager, the (now) regional manager, the general manager, my supervisor, and a member of the IT department. At a certain point I was essentially told to stop bugging management about it. Now I am being severely disciplined as a direct result of the equipment failing. Is this legal? What recourse do I have?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    13,328

    Default Re: Suspended for Problem I'd Addressed for Several Months

    There are no laws anywhere in the US that dictate to the employer what they can and cannot discipline an employee for. Since there is no law that says you can't be disciplined for equipment failure, you can be.

    Please define what your manager was doing or saying that you term, abusive. Everyone has a different definition of the term and only in some cases is it actually illegal; therefore, only in some cases would "retaliation" for complaining about it be protected.

  3. #3
    Join Date
    Mar 2012
    Posts
    261

    Default Re: Suspended for Problem I'd Addressed for Several Months

    You say you've been suspended, but you didn't say for how long or whether it was paid or unpaid. I think you've been terminated, and you just don't know it yet.

    Go file for unemployment.

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