Legal Question in Employment Law in California
Can We Sue For Mental Abuse And Harassment?
My grandmother works in calexico, ca and she is mentally harass by her boss , to the point of calling out of nowhere in thanksgiving at 1 pm and ask why is she not in the office that someone has to be there ... and anyone else did not work that day ... her work place is a company that imports and exports,they have like 30 or so employees in USA and Mexico .... My grandmother is 61 years old in April and she already can retire, but she wants to be that at 65 you give their full retirement and apparently her boss want her out...how do we know? he is the cousin of my grandmother and his father is the brother of my great-grandmother.
In recent days her boss sent an email to my uncle saying that he wants the family to persuade her to retire early. In the email he wrote that my grandmother is old and fat and that he is afraid that my grandmother will die at her desk because she spends more than 12 hours a day seating there, so is my grandmother who is 61 years spends on the job 12 hours from 6 am to 6 pm and he just cut her overtime fee.
Also her boss read all of her emails and if she sees a website (facebook, youtube or sports) he blocks it... we know that she should not be in these pages but literally he is watching what she does in a computer in order to close or block, she says that before she had a facebokk acount everyone had it open in their computer but when she had her open, he block it in a week.
This is just some examples, the harassment is really bad in that office... and is just not fair to a 61 year old women who is a widow and lives alone to stand; he only does this to her because he knows he need the job and the really wants her out...
We did not do any thing before becuse her boss is family but now after that hideous and shocking email, we cannot imagine the abuse that she must endure every day...
thank you very much for your help!
2 Answers from Attorneys
It appears that your grandmother may be the victim of age discrimination and harassment. Employers are not allowed to discriminate against anyone because of his or her age, which seems to be the case here. The email is very strong evidence of this.
Your grandmother should speak with an employment law attorney immediately to more fully evaluate her situation. My office would be happy to speak with her. Initial consultations are free. She can call us at (213) 536-4236, email us at [email protected], or visit our website, www.sarnofflaw.com. The website has a free online evaluation questionnaire, as well, which she can complete. That would provide us with more detailed information so we can better assist your grandmother.
Normal abusive treatment and poor management is not illegal, which is a surprise to many people. However, this sounds clearly like age discrimination, which is illegal. If serious about getting legal help in this, and if she can prove what you say about the treatment and comments, feel free to contact me. I've been doing these cases for over 20 years.
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