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?