Legal Question in Employment Law in California
I been at my job 2 years first year i get yelled at almost pushed and kicked out of my position as a security dispatcher by my boss and after 2 weeks of walking outside my knee starts giving out and my employer places me on workers comp. I filed a complaint with the company's human resource they didn't do anything After other employees placed complaints on that boys he quits. Then a new boss comes in and now it feels like deja vu I do m. y job correctly but yet i get yelled at by my boss almost everyday. I filed another complaint with human resource about my boss's constant yelling and i specifically said that after filing the complaint my hours would be but and it's true i went from full time to part time I would like to know can i sue the company and my boss? My boss seems like he has something against females and plays so much favoritism and some of his comments are very inappropriate and just the way they talk is not professional He also made this rule if " NO SPANISH" is that even legal in Hispanic and sometimes the Spanish just naturally comes out In so fed up that I'm looking for another job I feel so stressed out everyday I'm there i just need to know would i have a case especially if other co workers feel the same? And what kind of lawyer would i need?
2 Answers from Attorneys
You have a Workers Comp claim already filed, pursue it if you desire. Any claims of retaliation are handled ONLY under that claim. Consult with a comp attorney for help.
Not only are there no laws against poor management, 'unfair treatment', or rude and obnoxious behavior, but 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. That is, UNLESS it is based upon discrimination, harassment or retaliation as defined as actually �illegal� under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. However, companies are entitled to require an English Only workplace, and violation of that policy would be grounds for discipline.
Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced.
Now if the conduct was illegal under the above definitions. Your focus would seem to be on whether illegal sexual discrimination can be shown. Feel free to contact me for the legal help you�ll need if you think you can prove that.
You can get a settlement for your worker's compensation case and it appears that your stress is also work-related. You need to amend your claim to include stress and anxiety. Feel free to call us at 213.388.7070 for a free consultation.
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