Legal Question in Employment Law in California
A couple of days before my first month at work, I quit my job because I got yelled at for the first time for no reason. But this was just because if finally the yelling happens to me, I'd quit. The main reasons were:
1. Sexual Harassment.
My co-worker experienced this the whole first 3 weeks of work. She's been in the company now for almost 2 months. It involved touching, grabbing her chest, touching her inner thighs, kissing, etc. At one point during my first week, the employer attempted once and caressed my butt. Although I'm not clear why he never attempted again.
2. Promise to Provide a Large Computer Monitor.
I work as a designer which entitles me to a large screen because of the nature of the job. My 13" screen was the smallest I've ever had. Employer kept promising on numerous occasions but never fulfilled it.
3. Racist Remarks.
My ex employer is French and I don't know if his inability to speak English perfectly has something to do with the impression we get from his speeches. During meetings and every so often he decides to detonate his mine field, he throws racial comments and give racist jokes at the expense of his workers.
4. Illegal Workers Not Getting Paid for Weeks, Even More Than a Month.
It's delicate enough as it is that this employer hires illegals (sewers), but not paying them for weeks is a blatant display of abuse and not only breaking federal laws but also human and moral standards.
5. We almost don't have office supplies from pens to folders, and we're about 20 corporate employees combined, not including cutters, sewers and shipping. We had to bring necessary materials from home just to get the job done.
6. We do not have safe drinking water, only faucet. We had to buy our own.
7. Favoritism.
In-your-face, unusual preference for this new girl's whims. We were teaching her things at first but on her third week at work, she became everyone's boss.
8. Unreasonable indiscreet sermons and yelling on a daily basis. It's hostile, demeaning and disturbs others doing their work.
When I was hired I thought the place was heaven because it's a 3-story building full of beautiful furniture...really high-end. But evil lurks.
I'm not sure if this entitles me for unemployment. But if not for all his lies and abuse, I would still be working and have a source of income during these hard times. There has to be justice somewhere.
Your kind help and advise will be greatly appreciated.
1 Answer from Attorneys
If YOU have been subjected to sexual, racial or religious discrimination or other defined 'civil rights' violations, YOU can take legal action. Other workers will have to do it for themselves, although if you all join together in one case it makes it more credible and less costly. Your items 1, 3 and maybe 8 seem to be YOUR claims of 'illegal' discrimination, that might be grounds for action. Item 6 may be an OSHA violation, you can contact them. The rest fall under the 'unfair' treatment description and not 'illegal' as to you. The cliche that applies is, "no one said life is fair". The legal burden is upon you to prove your discrimination claims through credible evidence and witness testimony. If you think you can, and are serious abaout pursuing those valid claims, feel free to contact me.
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