How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4830
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I work at a call center and last week I asked my manager that

Resolved Question:

I work at a call center and last week I asked my manager that I have a Dr's appt. I left at 1p.m. and never came back until the following day. He approached ne from behind as I am seating down on my desk as I have a customer on the phone. Then he starts to tell me " where did you go" How come I did not come back" I replied I had a dr's appt. He replies did you go out with a girl are you sure you went to the Dr. Keep in mind I work 7 days a week and took somew time off off the clock. We are only allowed to work 50 hours a week. Yet we work 70 hours per week and yes we are breaking the law. But the company doesn't care. All they want is to see production. Everyonbe is so stressed that they are employees that are verbally confrontational and managers does nothing. here is another incident that happened 3 months ago. I was called by Hr and my manger to . I sat down and they wanted me to point out a confrontation that happened in front of me. I said that management needs to do something about this hostile environment and managers are not doing enough. The HR lady told me they are working on it. Three months later the incident above happened. I am stressed. I don't like to fight but it apears that this company allows this behavior, What should I do?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Do you believe that the workplace is hostile due to discrimination based on a portected characteristic (such as race, gender, national origin, sex, or ethnicity)?
Customer: replied 2 years ago.

Hi my name isXXXXX am new here.

Customer: replied 2 years ago.

No I do not believe that the work place is hostile do to discrimination and everyting else you mentioned above.

Expert:  Joseph replied 2 years ago.
Hello.

Unfortunately, unless the hostile work environment is due to a protected characteristic, the treatment that you and your co-workers are experiencing is not illegal, although it is definitely unethical.

Also, if you're not being paid for all the hours that you've worked, then you should file a wage claim against your employer for the amount that you are being underpaid.

You can file a wage claim with the Department of Industrial Relations using the forms available online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
Customer: replied 2 years ago.

My company who I work for gets these type of lawsuit very year.

Expert:  Joseph replied 2 years ago.
What types of lawsuits are you refering to? Wage and hour claims or hostile work environment claims?
Customer: replied 2 years ago.
Both for wages and physical confrontations with managers and employee's
Customer: replied 2 years ago.
Relist: Other.
no response
Expert:  Joseph replied 2 years ago.
Yes, both of those are actionable. However, the manager's treatment of an employee doesn't give rise to a cause of action, unless it is due to discrimination.

If the manager physically touches an employee in any way, however, that would give rise to a civl assault and/or battery cause of action against the employer.
Joseph, Lawyer
Satisfied Customers: 4830
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.