Firing due to "Insubordination"

[sy76]

Hi,

I am a dentist working at a non-profit dental clinic in California. I am an at-will per diem employee. On monday of this week, I attended a board of directors meeting with the clinic director and executive director and claimed that the management team was not listening about the problems in the clinic. Two days later, my clinic director brings me into his office saying that he would have fired me for "Insubordination" if I was not a good doctor. I want to know if his claim is legitimate for insubordination because I brought up a complaint about the employer at a board of directors meeting. Also, would it be considered retaliation from the employer after an employee files a complaint when he provided me with a reprimand letter for the incident that occurred at the meeting. My clinic director also claimed that I did not come to a staff training meeting and did not try to find out transpired during the training even though they specifically said that I would not be paid for the day of the staff training. What are my legal rights? I feel this has become a hostile environment were I have no right to voice anything with constant fear of being reprimanded or fired by the clinic director and executive director. please advise. Thanks!!!

 

[cbg]

The term, hostile work environment, has a very specific meaning under the law and what you describe does not meet the definition.

Complaining about the management team can legitimately be considered insubordination and "retaliating" against you for complaining is not illegal.

 

[sy76]

Does that mean as an employee we have no rights to voice our complaints about the management team without being fired? So why does the employer have all this power over the employee were we have no freedom to say what is true?

 

[cbg]

When you own your own business, you too will have all the power.

Not all employers will fire you for complaining. But with limited exceptions (sexual harassment, illegal discrimination to name a couple) he can legally do so.

 

[sy76]

Thanks for explaining this to me. I do have one last thing to ask. To add to my information on the top, the things that I told my employers was that because our dental clinic sees a lot of homeless patients and patient undermedicated for psychiatric disorders, we sometimes have issues related to possible harm to staff. One incident was when my assistant had a machine pushed toward her and she left crying. I had my fingers bit by patient. another incident was when a patient tried to physically attack a dentist. I have tried to inform the employers to evaluate this before requiring the clinic to increase productivity. I recommended more training of dealing with possible disgruntled patients. I voiced my opinion of "management is not listening" partly because my staff has said that they feel that nobody is considered with safety and only with seeing more patients. I complained to make the employers more aware that our work is not as easy as statistics and numbers. Is this not considered a legitimate concern for the safety of the staff especially when there is a high risk of possible violence towards staff because of disgruntled patient? Is there no protection for staff under these circumstances?

 

[cbg]

Yes, it is a legitimate concern.

However, it does not fall under any of the exceptions I referred to. It is still legal to fire you for complaining that management does not listen to your concerns about the need for additional training.