Legal Question in Employment Law in California

Here is the scenario. My boyfriend has been at the same job for almost 11 years now. For the first 8 years he worked weekdays Monday through Friday, the hours varied depending on the season being as it were he works out doors. His summer hours are from 5:30 am to 1:30 pm and his Winter Hours are from 6 am to 2 pm. However a few years ago around Summer time he was given all but an ultimatum from his employer. They pretty much told him he needed to work weekends and if he didn't he could start looking for another job. Reluctantly he took their "offer" because he pretty much had no choice. So now he works 6 days a week getting Mondays off. On the weekend he works 8 hours between Saturday and Sunday. He has not received a raise pretty much he started to work for them. He also started to notice that on his checks when he would work overtime, any time worked over the 80 hours per 2 weeks he would get stiffed on the over time. For instance say he worked 2 hours over time. Instead of his paycheck showing 80 hours worked and 2 hours over time it shows 78 hours worked and 2 hours over time even though he worked the full 80 hours plus the 2 hours over time. We have the check stubs to prove this. Recently they have hired new people and refuse to give the veteran staff a raise. One of the employees they hired has a serious criminal record and 95% of the time he showed up to work he showed up drunk or drinking. When my boyfriend found out about this the guy went up to him and threatened him pretty much with his life. He told his boss what had happened and they pretty much told him not to worry about it and to leave him be. A week or so later the kid got fired after having upset management that week of his termination. This guy is the son of another employee. This employee has been working there for quite sometime and according to company policy they are not supposed to hire family members, but the management turned a blind eye to it. This other employee constantly shows up to work late and or drunk and on constant occasions he does not show up to work for a week or two without notification or explanation on why he did not show. He still has not been terminated. My boyfriend however we told by management that if he could not get the respect of the employees that he might as well find another job. The employee that constantly shows up late and more often than not drunk has tried to start fights with my boyfriend on the job yelling and swearing at him in both English and Spanish also making racist remarks about "white" people. He has done this 2 times now in about a month or so. When it was reported to management they have done nothing about it. They have turned the work environment into a hostile and racist work place for all of the outside maintenance employees and they will not do anything about it. They are also doing a lot of other illegal things but my boyfriend will be able to get into more detail about that. My question is, does my boyfriend have a case against this work place for the time missing on his check as well as them willingly turning it into a hostile, dangerous and racist work environment?

1 Answer from Attorneys

Related Questions & Answers

More Labor and Employment Law questions and answers in California

Looking for something else?