What can I do about a problematic co-worker?

I have a co-worker who is obsessed in trying to get me fired. I wrote a formal

complaint letter because she came to me and insulted me. I wrote a formal complaint to the boss about this and ever since that day she is trying really hard to formulate a case against me. During the summer I texted a friend with an open position at work and, since I didn’t have my glasses on, I sent it, to this co-worker. It was addressed to my friend by name. The problem was my friend and my co-worker are next to each other in my contact list, so I mistakenly send the text to the wrong person. My boss put a warning written statement in my file, since we had another incident 5 months ago. Now she wrote a harassment allegation because

Asked on September 4, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, there probably isn't any way you can legally proceed, unless you have a written employment contract which affords you protection against discipline and/or termination; if you do, and it is helpful, you could enforce its terms with a "breach of contract" lawsuit if your employer takes action against you in violation of the contract. However, without a written contract, you are an employee at will, and an employee at will has no protection for his or her job. You can be disciplined or even terminated at any time, for any reason, including errors or unproven allegations by a coworker, and the employer could legally decide to take a coworker's side against you. The employer may do anything up to and including terminating you based on the conflict with your coworker.


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