Legal Question in Employment Law in California
I work in a private, non-profit preschool where the director continually yells, screams, belittles, threatens, insults, uses condescending language and humiliates us in front of other employees all of which are considered harassment and create a hostile work environment according to the CA Labor laws from what I understand. We also were told we are able to take a ten minute rest period twice a day but when I tried to take one two years ago I had two employees who had been there for years tell me it was not allowed at our job. During the 2 yrs I have now worked here I have never seen anyone take a 10 min break nor has the boss ever asked why isn't anyone taken their break. Also, the assistant director has come into work with alcohol on her breath almost daily for the past few months and the director and assistant director have come back from lunch with alcohol on their breaths a few times to the point where one parent commented that it smelled like a brewery in the director's office. I have reported all of this to the supervisor of the director and it has been 2 months and they have done nothing. Last night, they handed out a survey to all of the employees regarding the environment and behavior of management but only 2 employees out of 10 are brave enough to answer the survey honestly. Everyone else is either a personal friend of the boss's or has already said they can not answer it correctly for fear of losing their jobs. Please tell me what I can do? I have one person who says she will go with me to the labor board and two past employees who quit due to the director and may be willing to complain to the labor board as well. What can we do? Is it difficult to prove, hostile work environment, etc? Thank You , Stressed in San Diego
2 Answers from Attorneys
I'm afraid you are very mistaken about what constitutes "hostile work environment." That phrase does not have its plain English meaning when it comes to employment law. It is a very specialized term for a rule of law that says that even if minorities or other "protected" classes of people, such as women, are not directly discriminated against, certain behavior or conditions in the work place can amount to a case for gender, or race or age or other discrimination if they create a "hostile work environment" that causes the employee to quit or feel they must quit, just as if they were fired for their race, gender, etc. As long as you are an equal-opportunity terrible boss, or even if you discriminate on a basis that is not legally protected, there is nothing illegal about it.
Now denying the breaks is a whole other matter. That can and should result in compensation to you and fines to the employer, and that should be relatively easy to prove. You may also want to file a complaint with the community care licensing authorities about the drinking. You can find your local office on this list: http://www.ccld.ca.gov/res/pdf/CClistingMaster.pdf
You are protected by law from being fired for filing a labor complaint or a complaint with the licensing authorities, so long as you continue to do your job properly. If they fire you for "blowing the whistle" on them, you will have an even bigger case against them than just the denial of breaks.
You may have a stress claim under worker's compensation claim for your stress at work as well. Feel free to call us at 213.388.7070 for a free consultation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
