Legal Question in Employment Law in California

what can we do if an employer does this?

can we sue? what is the proccess? and who can we hire?

Mal treatment to employee- saying bad words and yelling at employee in front of customers and other employees- w/c lead to stress and employee to cry and depression and feeling discriminated. w/c lead to bad medical condition.

Negligence on health condition of an employee- w/c lead to a heart surgery because employee is sick but employer wants employee to work, work overload and makes employee do work w/c is not even on description of responsibility for the position or title held at job.

No 15 minute breaks if working 8 hrs

No 1 hr or 30 minute lunch. Only eat a little then have to go back to work


Asked on 11/01/10, 4:48 pm

2 Answers from Attorneys

You have no recourse for the insults and stress, unless you can get off work on a workers compensation stress claim.

You will have a tough time proving the employer caused the heart condition. If your doctor told you that you needed to stop working for a heart treatment and the employer refused to give you time off, however, there may be a medical leave act violation. Making you work outside the position or title's responsibilities, however, is within the employer's rights.

Not giving breaks is totally illegal. For that you should submit a claim with the Bureau of Labor Standards Enforcement at the state Dept. of Industrial Relations. They are easy to find on the web.

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Answered on 11/06/10, 4:54 pm
David Sarnoff Sarnoff + Sarnoff

Mr. McCormick may be correct that there is no recourse for the insults and stress. However, if your employer yelled at you and treated you differently than other employees because of your race, age, gender, mental or physical disability, sexual orientation, national origin, ancestry, or other protected category, then you may have a claim for discrimination.

Moreover, if you requested time off, or if your doctor told you to take time off work, because of the stress and your employer refused to allow you to take that time off or treated you even worse after your request, you may also have a claim for disability discrimination, harassment, and/or retaliation. Workplace stress that causes depression and/or anxiety, for example, can constitue a mental disbility, and if your employer takes any adverse employment action against you because of it, then your employer may be discriminating against, harassing, or retliating against you.

You should speak with a California employment law attorney to fully assess your rights.

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Answered on 11/07/10, 1:09 am


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