Legal Question in Employment Law in California
Ballistic Boss: Hostile Workplace
I have had an experience very recently with an employer who has been squeezing me very hard and pressuring to work on weekends without pay or ''else maybe he needs to look for someone else.'' It's come up a couple of times.
The the other day he flew into a rage and ran at me menacingly with a piece of computer hardware which he seemed to be threatening to hit me with. He slammed it on the desk next to me. No one was there but me.
He has asked me to work without compensation on weekends and nights to fulfill my ''obligations'' - ie things I have said would accomplish. In the recent incident I had completed 90% of what I said I'd do. I missed no work, and even worked more than 40 hours.
He has offered to accept my resignation in return for two weeks severance and the signing of an intellectual property agreement which I have not yet obviously signed.
What are my options?
3 Answers from Attorneys
Re: Ballistic Boss: Hostile Workplace
Don't sign anything without having an attorney or someone you trust look at it first!
You are working for a jerk and have to ask yourself if you want to continue working there. If not, negotiate a severance agreement you think is fair. Many attorneys are willing to assist with this.
The law presumes that employees are to be paid by the hour for all hours they work and at an ovetime premium for anything over 8 hours a day, 40 hours a week and double time if 7 consecutive days, unless they fall within an exempt position, which you haven't specified. Nobody works for free.
If you are fired for refusing to work for free, you have a case, if you are a non-exempt employee. But you need to have it determined if you are exempt or non-exempt. You can find this out by either calling the California Labor Commissioner or a labor law attorney in your area.
Re: Ballistic Boss: Hostile Workplace
The first thing an attorney will need to know is whether your are a salaried or hourly employee. As for the threatening gesture you could always file a police report.
If you were to provide more facts then other causes of action might come to light, but with the facts given it would be hard to establish a hostile work place.
An hourly employee cannot be required to work over 40 hours a week unless they are paid overtime. Generally this does not apply to salaried employees.
You do not have to sign the intellectual property agreement if you do not want to.
Re: Ballistic Boss: Hostile Workplace
My previous post was cut off. If you were to dilvulge more facts then other causes of action might be discovered. But with the limited facts which were given it would be hard to say there is a hostile work environment.
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