Legal Question in Employment Law in California

Harassment

What are my legal rights as far as being verbally threatened on the job by one of my superiors to do something or lose my job? The scenario is I can only drive for 15 hours in the state and then I must be off for 8 hrs. A superior approached me and told to haul another load or lose my job. I have been with this company 6 years. I informed this person that I had been on the clock since 2 am and that it would put me over the 15 hour mark. This is not the first time it has happened and I feel as if I am being targeted, but hope that it is lack of management skills on the part of the person verbally threatening me.What are my legal rights if any? I have talked to the union rep/shop steward and was told that I could do nothing.I thought that ignorance was not an acceptable defense/excuse?


Asked on 3/31/00, 6:19 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Harassment

If the "15 hour rule" is a state statute, terminating you for refusing to violate the rule would be a violation of public policy. However, because you are represented by a Union, this issue must be resolved through the contactual grievance procedure. A close examination of the labor agreement will disclose your rights.

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Answered on 4/20/00, 2:25 am


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