Reported Inappropriate Actions of Employee and I Was Given Written Warning

My question involves labor and employment law for the state of: HB, Calif

Can my employer discipline me for reporting inappropriate actions of an employee who turned off equipment purchased with company funds in order to transfer the abilities of that equipment to a private group that employee is a member of without notifying me. This equipment is utilized by my staff. The employee works in another area and is in charge of maintaining the equip.

My supervisor said employee did not violate any company rules or policies. Of course, there is no company rule or policy that addresses this. Therefore, my claims are invalid and I had no right to make accusations against employee. I placed my claims in a memorandum format, which is required for all issues. I made it clear to my supervisor that memorandum is confidential, as it relates to employee issues.

My concerns to supervisor were:

Inappropriateness of employee actions.
Did not discuss with me prior to transferring.
equipment is still working and should not have been transferred to private group.
Conflict of interest.
Potential illegal actions.

There is no law addressing written discipline in the workplace. Therefore, yes, it is legal.

In this written notice, it says that I must accept that the employee did nothing wrong and if I violate this, I could be terminated. Is this similar to whistleblower? I am being forced to shut up and accept. Also, I do have the right to write a written response, but if I am directed to accept the situation, could I be fired for disagreeing with my supervisor in my written response?

Your supervisor's actions appear to be legal. However, I suspect someone higher in the chain of command might have a different take on the situation, especially if the equipment is needed by your group to do its work and/or transferring the use of the equipment to a private group is at the employer's expense without its knowledge.

Does the supervisor have any connection with the private group? Did s/he stop the practice of which you complained?

Exactly, how did the employee "transfer the abilities of that equipment to a private group?" How did you discover it?

Whistleblower laws are for those employees that point out corporate crimes to outside regulators.

It has nothing to do with internal complaints.....except in very specific circumstances... which do not apply here.

You are covered under the "at will" employment provision... which states that you can be terminated at any time with or without reason and/or with or without notification.

You may also quit your job at any time with or without reason and/or with or without notification.

Your recourse is to do what you boss tell you to do, quit or risk termination.

I was made aware of the transfer by a citizen, who is a volunteer member of our group who threatened to go to city council with concerns of misusing funds and conflict of interest. I requested that that person allow me to go to my supervisor with info instead of going to council.

We can still utilize the broadcast, however, now the private group is demanding that we notify them prior to each broadcast. Our equip is used to broadcast. Our equipment was turned off and the ability to broadcast was transferred to private group, who purchased their own equip. The transfer was verified but my supervisor claims that it does violate a policy.

Okay... maybe if I state it another way.

You have no case. No matter how you state it.

Unless public policy has been violated (read: LAW), you don't have a legal leg to stand on.

Ok. What is answer to earlier question about writing a response. Can I be fired for writing a response with opinion that disagrees with supervisor even though being told to accept?

This situation most likely would have been resolved differently if I would not have discouraged the citizen.

So...If I do not believe that this was ethical to discipline me for reporting it, I quit. Simple as that.

You state that you have a right to write a response to the warning. Why do you think you will be fired for exercising this right?

I don't see why you have to quit. If you don't want to raise the matter higher in the chain, note on the warning, or in response to it, that you don't agree with the supervisor's determination about transferring the equipment to a private group or the appropriateness of your co-worker's action, but you accept the fact that it is his call. If he believes that what was done was okay, you accept it.

After all, he is the supervisor, he is in charge, and he is doing his job.

You tried to assist your employer by raising your concern internally. It didn't work. Now, it's time to let the private citizen take his/her concerns to the city council and allege misuse of public funds and a conflict of interest.

I don't think you situation is a whistle blower matter. However, a number of internal complaints of federal and state law violations are protected by the statutes that make an employer's action a violation.

Do you think it would be appropriate to meet with HR to discuss or do think it is a waste of time? If I ask HR to keep our meeting confidential, does HR have an obligation to disclose to my supervisor or my supervisors supervisor? The reason I ask is that I do not want any more retribution.

I just want to be sure they cannot fire me for responding to the written. I guess in ca you can be fired for any reason. It makes you vulnerable. I was trying to eliminate making this a publicly announced problem by the citizen going to council, then I was punished. I am dumbfounded.

Although there are a few states in which you have a guaranteed and protected right to place a written rebuttal in your file if there is something with which you do not agree, California, surprisingly, does not appear to be one of them.

So yes, you conceiveably could be fired for your response, though I'm not sure why you think you will be.