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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32133
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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my boss has been using profound language and deducts my half

Resolved Question:

my boss has been using profound language and deducts my half an hour break when i never get the chance to take it is there a way that i can have grounds to take him to court
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

Do you mean your boss uses profanity when addressing you?

Do you have any reason to believe you are being singled out for less favorable treatment by your boss on the basis of your race, age (40 or older), gender, disability, or other protected status?

Customer: replied 2 years ago.

He used profanity with me yesterday and i told him that im not feeling very welcome with alot of employees bullying me because i am the youngest one working at my paticular position .

Expert:  Tina replied 2 years ago.
I see. Thank you for the additional information, Ahmed.

While the law does protect employees 40 years and older from discrimination by employers, it does not protect younger employees unfortunately since historically employers have not discriminated against younger employees. So there would not typically be grounds to pursue legal recourse against the employer because they used profanity with you I'm afraid.

However, an employer in CA is REQUIRED to provide lunch breach for full-time employees typically and the state strictly regulates such breaks by penalizing employers who violate the law.

In addition, it would typically be a separate violation of law for an employer to fail to pay an hourly worker for all hours they actually worked, including what would otherwise be the employee's lunch break.

Your recourse would typically involve filing a wage claim with the state labor board for investigation and collection of back wages owed. Employers are prohibited by law from retaliating against employees for taking such action, but if you have reason to believe your employer may retaliate, then it would be best to retain a local employment law attorney to represent you.

Here is a link that sets out the law on lunch breaks:

http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm

Here is a link to file a wage claim with the labor board:

http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm


It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

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Customer: replied 2 years ago.

id like to know if he makes race jokes about my race would that be discrimination?


 

Expert:  Tina replied 2 years ago.
Yes, that could definitely give rise to a claim of discrimination based on race, national origin, or both. For that, one would typically file a complaint with the HR department in an attempt to resolve the matter promptly. If it is not quickly resolved, then a charge should be filed with the state Fair Employment and Housing Commission and a local employment law attorney retained to guide you through the process and protect your rights.

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Tina, Attorney
Satisfied Customers: 32133
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you

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