Legal Question in Employment Law in California
Recently my workplace has become undesirable and untolerable to work at, due to mistreatment. I work at a restaurant and I feel my managers are trying to get me to quit by mistreating me in numerous different ways. Theres also sexual harrassment and discrimination happening amongst my co-workers and it tears me to see people, including myself being mistreated. I still have not quit, eventhough I would love to. Legally what should someone in my postion do? I heard there might be laws to protect me as, contructive discharge and/or hostile work environment, what should someone in my postion do?
3 Answers from Attorneys
For good or bad there are no laws that protect you from mistreatment on the job in general. If there is gender based discrimination or sexual harassment going on, however, that is a different story. If that is the case, you should file a complaint with the EEOC.
The first thing you need to do is complain to your HR department, in writing, that you feel you are being sexually harassed and that your managers are creating a hostile work environment based on sexual harassment and, possibly, other discrimination or retaliation. The "other" issues depend on why you are being mistreated. If your managers are simply mean and angry, but mean and angry to everyone equally, then there is unfortunately nothing unlawful about that. If, however, they are treating you (and others) differently because of your race, age, gender, sexual orientation, nationality, ancestry, disability, marital status, or other protected category, then you may have a claim for discrimination, harassment, and/or retaliation for that reason, as well.
As for whether or not you should remain at work or quit, it is rarely, if ever, advisable to quit your job. You should stay as long as you can handle it. That being said, the law does protect employees who quit because the environment at work has become so incredibly hostile as to alter the conditions of your employment. Those claims are much harder to pursue, but not impossible.
From the information provided, you should probably make your formal written complaint and see how things progress. However, before taking any action, you should speak with a California employment attorney to fully assess your rights. I would be happy to speak with you about this. Please call my office at (213) 536-4236.
If you can prove your claims of sexual harassment and discrimination, you've got a case. Simple unpleasant and unfair treatment is not illegal. If it were, there would be thousands of cases filed every day. Your options are to stay or quit, file suit or not. If serious about having and pursuing sexual harassment and discrimination, feel free to contact me. See if others will join you. I've been doing these cases for over 20 years.