Legal Question in Civil Rights Law in California

can your boss tell you that you are a two year old or be called stupid? These comments are due to work not being completed because someone else responsible for "getting back to me" has not or just can not find the time. I am in a computer related field trying to figure out someone elses programming without documentation. This takes many man hours just to get into someone elses thinking process. My boss tells me I can get the project done in so many work hours when in reality it takes many more. I am not the only employee that this is being directed to. He says I am wasting time if I am just looking up thinking about the project. I am required to now ask permission to take alotted breaks and lunch hours. I however was at my desk at least one half hour early everyday. ( not noted at all even though I have logged onto the computer.) I have been interupted several times during the same day by this boss which takes my mind from the task at hand. I am currently on a 90 day probation. I must report to my boss weekly and have not completed any tasks he has implimented for me at this time due to the impossibilty of tasks.


Asked on 1/04/10, 1:36 pm

2 Answers from Attorneys
Melvin C. Belli The Belli Law Firm

Maybe, maybe not it all depends to the degree to which their conduct makes it a hostile work environment. If it is a hostile work environment then it is actionable if you quit.

I would suggest that you discuss his conduct with your HR department if you have one. If you don't then you might want to talk to his boss or perhaps discuss it with him. Unfortunately you should document this in writing but as you start to do this then it might precipitate your termination. You are on thin ice because you are on probation but you do not have to tolerate this kind of abuse. Keep in mind what you want to do is get him to stop yet not escalate the problem. Easier said than done.

Good luck and hope that helps.

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Answered on 1/09/10, 7:46 pm
Terry A. Nelson Nelson & Lawless

Can he? Well, didn't he? It is not 'illegal' for supervisors to be unfair, abusive, mean, nasty, etc. You are free to quit, complain to HR, or remain silent. Only if the conduct is provably 'discrimination' or retaliation based upon race, age, sex, nationality, etc., under the Civil Rights laws would you have grounds for a lawsuit under 'hostile environment'. Simple harassment is not the same. You might be able to claim under Workers Comp, but that is a limited and difficult remedy to prove. Remember, you are an 'at will' employee that can be fired any time for any reason, unless the reason is 'illegal' as discussed. Keep your employer happy.

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Answered on 1/11/10, 10:49 am


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