Employment Law/California Employment Law, Case Study Example

Employment law/California employment law

I am writing regarding the false accusation and defamation of character that I have experienced at my place of employment due to racism. As Program Director, I have been working diligently to improve the program’s broken system since I was hired approximately ninety days ago. However, as soon as I began implementing changes, employees immediately ganged against me the way they had done with four previous Program Directors. I disagree with the assumption that my actions are outside of my job scope and that this is solely because I am not within their circle.

Introduction

First, I was hired as the Program Director at a healthcare facility approximately ninety days ago. My job description included managing and organizing the program, improving efficiency, increasing productivity, and creating a positive work environment. Unfortunately, I inherited a broken system that required extensive repairs. In an effort to improve the program, I requested assistance from several employees. Unfortunately, instead of providing the requested help and cooperation, the employees began ganging against me as they had done with four previous Program Directors. Furthermore, I have received numerous complaints from other departments within my organization about this group of people being racist and discriminatory towards different ethnic backgrounds. I believe that the accusations and defamation of character I have experienced result from this discrimination. In addition, a fellow worker has told me that some of the people working against me are not pleased because they believe I am “acting like my boss” and that makes them unhappy. This statement implies my ethnicity plays a role in this issue.

Background Information and Details on Alleged Infractions:

I have been falsely accused of breaking company policies and regulations. It is my understanding that I am being blamed for financial issues within the program, despite having no control over its budget. In addition, I was informed on my 90th day with the company that an investigation had begun regarding these accusations, which could be seen as a coincidence or a result of the investigation being initiated in response to my efforts of trying to properly manage and organize the program. On numerous occasions, I have requested information on the status of this investigation, yet I have been unable to get a clear answer. In light of the fact that other employees facing comparable accusations have not been subjected to such drawn-out and hazy investigations, this may qualify as an instance of discrimination.

California Employment Law

Under California employment law, employers cannot discriminate against employees based on race or ethnicity. This includes making false accusations and defaming an employee’s character due to racism. As stated in the Government Code of California Section 12940 (a), “It shall be an unlawful employment practice for an employer to refuse to hire or employ, or to discharge any person, or otherwise to discriminate against any person with respect to his/her compensation, terms, conditions, or privileges of employment because of race.”[1] This is applicable in my case as I believe the false accusations and defamation of character I have experienced are a result of discrimination based on my race. Also, California is an “at-will” employment state meaning an employee may be terminated from their job at any time as long as the termination does not violate public policy or any of the other exceptions set forth by law. It is my opinion that I have been wrongfully accused and discriminated against due to my race and ethnicity, which violates public policy.[2]

Response/Rebuttal on False Accusations and Defamation of Character due to racism

As an employee of the health care facility, I was hired under the assumption that I would be treated fairly and that my race or ethnicity would not play a factor in how I am viewed. However, since beginning my job as Program Director, I have experienced numerous false accusations and defamation of character due to racism. This includes being accused of breaking company policies and regulations despite having no control over its budget, as well as being subject to a lengthy and unclear investigation that other employees with similar allegations have not gone through. I strongly believe that these false allegations and discriminatory treatment I am receiving are based solely on my race or ethnicity. This is a violation of Government Code of California Section 12940(a), which states that any employer that refuses to hire, employ, or otherwise discriminates against any individual because of their race is engaging in illegal employment practices.[3] This code also stipulates that California is an “at-will” employment state meaning an employee may be terminated from their job at any time as long as the termination does not violate public policy or any of the other exceptions set forth by law.

Response/Rebuttal to Broken System

When I began my position as Program Director, the system was broken and disorganized. As someone who takes pride in their work and has a passion for ensuring that all systems are running efficiently, it was my goal to fix this issue. Despite being met with resistance and hostility from other employees due to my race, I continued to strive towards making the necessary changes to ensure the system runs effectively. I was able to make some progress, however, these efforts were not fully appreciated and instead resulted in false accusations and defamation of character due to racism. I strongly believe that I have been wrongfully accused and discriminated against due to my race and ethnicity. This is a violation of both California employment law, as well as public policy. Therefore, I am entitled to receive justice for the false accusations and defamation of character due to racism that I have been subjected to.[4] I am confident that if the situation is thoroughly investigated and evaluated, it will be determined that my rights have been violated. Appropriate measures will be taken against those who are responsible. I believe justice will be served and look forward to a positive outcome.

Response/Rebuttal to Accusation of something outside of his job of scope

In addition to being wrongfully accused and subjected to racial discrimination, I have been accused of something outside my job scope. I do not believe this accusation is valid as it was based on false information from those attempting to discredit me because of my race or ethnicity. In order for an employee to be held liable for a violation of a company policy or regulation, they must have acted intentionally or negligently with respect to the act. Since I did not act in either an intentional nor negligent manner, I do not believe that this allegation has any merit. Furthermore, I am protected by the Government Code of California Section 12941(b), which states, “No employer shall discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden under this part.”[5] Therefore, I believe that I have the right to defend myself from these false accusations and racial discrimination without fear of retaliation. I am convinced that after a comprehensive investigation and evaluation of the matter, it will be recognized that my rights have been infringed, and the proper legal action will be taken against those involved. I believe justice will be served and look forward to a positive outcome.

Rebuttal on Discrimination and False Accusation

I refuse to be subjected to discrimination and false accusations due to my race or ethnicity. I believe that it is wrong for any employee to target someone because of their race or ethnicity, especially when they have done nothing wrong. California employs the doctrine of “at-will employment” which means an employer may terminate an employee at any time as long as the termination does not violate public policy or any of the other exceptions set forth by law.[6] In this particular situation, I believe that my termination was based on false accusations and discrimination due to my race and ethnicity, violating both California employment law and public policy. Therefore, I am confident that if the situation is thoroughly investigated and evaluated, it will be determined that my rights have been violated. Appropriate measures will be taken against those who are responsible. I am sure that justice will prevail and eagerly anticipate a favorable result.

Points of Agreement and Areas of Improvement

Although I disagree with the false accusations and racial discrimination imposed on me, I agree that there were some areas of improvement within the program’s framework. I feel that as the program director, it is my duty to make sure that the organization is running smoothly and effectively in all respects. As a director, I identified areas that could be improved and implemented changes to make the program more effective. I have always been committed to providing quality services and will continue to strive towards this goal. However, I firmly believe that any criticism should be based on facts, not false accusations or discrimination due to race or ethnicity.

New Developments and Strategies for Improvement

In light of the recent developments, I am committed to ensuring that the program is operating at its best. I have suggested a number of tactics that may be used to accomplish this aim, enhance the present system, and stop any additional prejudice or unfounded complaints. Firstly, we should establish a policy that requires all employees to report discriminatory workplace behavior. Additionally, we should implement a system that ensures employees are held accountable for their actions and are not allowed to make false accusations against another employee. Finally, we should provide training and education to all staff members on properly handling discrimination and false accusation situations. These strategies will help ensure that the program operates at its best and that all employees are treated fairly.

In conclusion, I am confident that if this situation is thoroughly investigated and evaluated, it will be determined that my rights have been violated, and appropriate measures will be taken against those who are responsible. I believe justice will be served and look forward to a positive outcome. Furthermore, I am committed to improving the program and preventing further discrimination or false accusations by implementing the strategies outlined in this statement. Together, we can ensure everyone is treated fairly and with respect. Thank you for your time and attention.

[1] ‘42 U.S. Code § 2000e–2 – Unlawful Employment Practices’ (LII / Legal Information Institute2023) <https://www.law.cornell.edu/uscode/text/42/2000e-2> accessed 5 March 2023.

[2] ‘Racial Profiling: Definition’ (American Civil Liberties Union2023) <https://www.aclu.org/other/racial-profiling-definition> accessed 5 March 2023.

[3] ‘California Code, Government Code – GOV § 12940’ (Findlaw2020) <https://codes.findlaw.com/ca/government-code/gov-sect-12940.htm>l accessed 5 March 2023.

[4] ‘Defamation, Race and Racism’ (Australian Feminist Law Journal2019) <https://www.tandfonline.com/doi/abs/10.1080/13200968.2019.1819685> accessed 5 March 2023

[5] ‘California Code, Government Code – GOV § 12940’ (Findlaw2020) <https://codes.findlaw.com/ca/government-code/gov-sect-12940.html> accessed 5 March 2023.

[6] ‘Shouse Law Group’ (Shouse Law Group8 November 2022) <https://www.shouselaw.com/ca/labor/wrongful-termination/exceptions-to-at-will-employment/public-policy/> accessed 5 March 2023.