Legal Question in Employment Law in California

I have an employer who works us to the bone. We work 80-90 hours a week, no choice given. the Those who are sick and told by doctor to rest, never get to and end up with secondary pneumonia.

We are basically to understant personal relationships and other priorities are cause for termination. As our number one should be work. Of course all of our families are in big trouble since we never get to see them.

for the smallest mistakes, we are shamed in front of clients. called: "you idiot, you are stupid, you have no understanding, you should be ashamed of yourself." This name calling is a regular accurance. Is there ground for a sute for hostile work envirment?

"You idiot, you dummy" is a very regular thing. " I am so tire of all you stupids, shameful."


Asked on 11/11/10, 10:00 am

2 Answers from Attorneys

Hostile work environment is a form of racial, sexual or other discrimination, not just a nasty work environment. Unless there is discrimination against a protected class of people, there is no cause of action. Fortunately or unfortunately there is no law against being an a-hole boss or employer. That said, being denied medical leave may be illegal, probably is. Also, if you are hourly employees you should be getting time and a half over forty hours and double time over sixty hours per week, and just because you are paid a "salary" doesnt' mean you are not an hourly employee.

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Answered on 11/16/10, 12:06 pm
Terry A. Nelson Nelson & Lawless

Unfortunately for you, there are no laws against 'unfair treatment' or poor management. 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 CA wage and hour laws, and formal 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. 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�, explanation or notice, 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. Sounds like the employer is stretching that requirement to the breaking point with you.

You do have a right to be paid properly for all your time. If you are 'properly' classified as a salaried exempt person, you can be required to work as many hours as the employer demands, in return for your 'big bucks' salary and title. Not many employees can be so classified properly. Many are wrongly classified by employers to try to get around OT rules. If you are NOT really properly classified as a salaried exempt person, then you are entitled to overtime pay for anything over 8/40. Which is it / which are you?? If you and the others think you are NOT really properly classified as salaried exempt, please contact me to discuss your rights and remedies, including recovery of unpaid compensation, unpaid OT, interest, non-payment penalties, and attorneys fees if successful. You can look back at least 3 years on such claims of unpaid amounts.

You may also have claims for violation of the law in denial of 'family medical leave' for serious health problems. Please contact me to pursue.

With all that said, you have also described an environment that could justify a 'stress' claim in the WCAB system. That would need to be supported by your doctors, describing emotional /mental /physical damage. Consult with a WCAB attorney soon.

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Answered on 11/16/10, 12:11 pm


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