Legal Question in Employment Law in California
I have worked at my job for over a year. They do not allow breaks for any of their employees. I have also had problems with an employee making a very hostile work environment and when i asked them for help 3 times, they told me they didnt care who was at fault they told me to just knock the shit off. This place causes me a lot of stress and makes me feel bad about myself. Do I have any options.
2 Answers from Attorneys
If you're not an exempt employee, then you may have claims for missed meal and rest periods. Go to CELA.org and find attorneys in your area with whom to consult.
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If you have been denied breaks, you can file a complaint and claim for unpaid wages with the Labor Commissioner. You are entitled to hire an attorney to represent you at the hearings and trial. If you win, you are entitled to recover your attorney fees.
As to 'stress', that is a Workers Comp issue you could discuss with a comp attorney if it has seriously damaged your health.
As to 'hostile workplace' claims, unpleasant, hostile, and unfair treatment is not illegal unless amounting to provable discrimination, harassment or retaliation under the ADA [age], Civil Rights [race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.
IF you can show such illegal conduct, then feel free to contact me to discuss your rights and remedies.
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