Legal Question in Employment Law in California
Harrassment, Deress, what do I do?
I work as the Director of Operations for a small winery. My direct supervisor is the managing partner in a family owned LLC. He displays signs of obvious incompetance, forgetfulness and blatent discrimination. He treats me w/ less respect than the men, yells at me all the time, tells me to do something..then forgets and yells that I did it. The list goes on, yesterday we were having a discussion about an unproductive sales rep, doing my job, I explained where the issue is, and what a possible successful outcome would be, he said I was questioning his decisions, stood up infront of my team and put his finger in my face and screamed at me that this was a warning and if I questioned him again I am ''OUTTA HERE'' I gathered my things and left as I was totally humiliated and so frustrated from working under serious stress and deress caused by him for the last 3 mos. I did not go into work today, but he has stated that he wants me to come in and talk to him tomorrow, basically to yell some more. I need my job, but cannot work for someone who treats me so horribly, and is mentally incompetant. I don't know what to do! Do I go in there tomorrow and ''talk to him'', if I am considering pursuing legal action against him? what do i do??
3 Answers from Attorneys
Re: Harrassment, Deress, what do I do?
Hello.
I am sorry about your situation at work.
Basically, it's not illegal to be rude and impulsive toward employees unless the REASON for the different treatment is the fact that the victim-employee belongs to a protected class (gender, race, religion, disability, whistleblower, etc...) The mere fact that you are a woman doesn't mean that you are treated differently because you are a woman, but if there is evidence that you (and other females at workplace) is treated differently from men, you might have legitimate claims.
Either way, whether legal or not, you are better off looking for a different job, as abusive managers rarely change their ways of behavior that developed over their lifetime.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
Re: Harrassment, Deress, what do I do?
To be blunt, the law couldn't care less that your mgmt is stupid, arrogant, offensive, hostile, etc., unless and until you demonstrate that this treatment of YOU is at least partially motivated by sex/gender discrimination. That is what you implied, right? If so, feel free to contact me to discuss your rights and remedies, before taking any impetuous actions, such as resigning or refusing to meet or return to work. Every action has a consequence, whether we like it or not.
Re: Harrassment, Deress, what do I do?
To be blunt, the law couldn't care less that your mgmt is stupid, arrogant, offensive, hostile, etc., unless and until you demonstrate that this treatment of YOU is at least partially motivated by sex/gender discrimination. That is what you implied, right? If so, feel free to contact me to discuss your rights and remedies, before taking any impetuous actions, such as resigning or refusing to meet or return to work. Every action has a consequence, whether we like intend them or not. I'll be happy to help you; I've been doing such cases for over 20 years.
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