Legal Question in Employment Law in California
I have been employed for 8 years, for the last 5 of those years I am regularly expected to do additional work than the other employees' that have the same work title/position that I have. I was give a company credit card to purchase materials to do this extra labor. My wages have been below that of the other employees� of my same position a portion of this time. He has also in the last year given the other three employees' paid three and four day weekends while I have not been able to take any weekends off. I believe that my boss has a personal dislikes/issues with me and it is very stressful. I like my job, have excellent reviews, but feel abused by my supervisor of the last 8 years. I also led to believe by his behavior that he may try to get me fired in the future because of his past behavior. I feel like I must walk on a tight rope at work. What legal action can I take?
Thankyou
4 Answers from Attorneys
None, unless his different treatment of you is based on race, religion, or other protected status.
Probably nothing can be done. I have had similar experiences. Unless you have a written employment contract, an employee's work rules guide, union member, had oral promises made to you, work for a public entity, etc, your employer and supervisor can do largely whatever they want.It clearly is not fair, but there is no law that can be used to enforce fairness [unless you can show it is improper discrimination against a favored/covered class].
Whether you have any legal rights depends on why your boss is treating you differently from the other employees. If you believe it is because of your gender, disability, pregnancy, age, sexual orientation, military service, race, national origin, religion, or because you are a whisteblower, then the different treatment (i.e. discrimination) is illegal. If your boss just doesn�t like you for reasons other than those listed (or for no reason at all), this is not illegal, you have no legal recourse.
None. You can stay or quit, your choice. The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the law and company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.