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: 4893
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

Last week Tuesday, during a meeting, one of the owners of my

Resolved Question:

Last week Tuesday, during a meeting, one of the owners of my workplace, terminated me. She is owns half the business and the sister owns the other half. The other owner told me to stay and said I was not fired. They continued to argue in front of me. The owner that "fired" me harasses me and literally walked out of the meeting (which she called) and yelled, "you guys are all fu@@en perfect!" She was referring to my, her sister (half owner) and a GM.
I am stressed out now when I come to work and I want the harassment to stop. I am the only female manager and I have not done anything wrong, yet she continues to question my work and listen to negative rumors and allegations about me. I can't defend myself. She says that I am a "key employee" (state licensed) but "not a manager" even though I am the shift manager for two days.
I am currently at work and I have already begun to have a migraine. I know the workplace is affecting me and I want her harassment to stop.
Please help me.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

 

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

 

Do you believe that the treatment that you're receiving is due to you being the only female manager?

 

In other words, do you suspect that you are experiencing discrimination due to your gender?

Customer: replied 1 year ago.

I don't know if being female is the reason why the owner (female herself) is harassing me. I do feel (as well as other employees) that she is mean and unprofessional. I think she dislikes me because I am close to her sister which she does not get along with. There also was a food service manager (female) that no longer works here that she yelled at in front of all the customers and employees. Yeah, so I do think she is picking on me because she is on a power trip. She does not talk to other managers the way she talks to me.


 

Expert:  Joseph replied 1 year ago.

Hello Elizabeth,

 

If you have any reason to believe that your employer's treatment of you is due to your gender, you should file a complaint with the Department of Fair Employment and Housing for discrimination on the basis of gender in violation of the Fair Employment and Housing Act.

 

You can file a complaint using the information available online here:

 

http://www.dfeh.ca.gov/Complaints_ComplaintProcess.htm

 

The Department of Fair Employment and Housing will investigate your complaint and either file suit on your behalf or issue you a right to sue letter so you can pursue you claim against your employer through a private attorney.

 

Other than that, I'm afraid your options are limited (unless you are a union member or have an employment contract with your employer. Despite popular belief, your employer is not required to treat you in a certain way at your job, and short of violent behavior (or that which makes you fear for your personal safety) your employer is granted broad discretion in how it treats you unless it is treating you negatively due to discrimination based on a protected characteristic. However, as long as you can demonstrate some connection between your gender and the harassment that you're experiencing, you'd have a valid cause of action.

 

(Also, to note, it is immaterial that your boss is also female, if she treats you differently than other managers due to your gender, that is gender discrimination).

 

I hope the above information is helpful.

 

Please let me know if you have any follow up questions.

 

If not, please remember to rate my answer positively so I get credit for my work!

 

Thanks and best of luck!

Customer: replied 1 year ago.



So are you saying that an employer can yell at me, accuse me of wrongdoings that are not true, make me literally sick with stress and I cannot do anything about it?


 


I have been told by my therapist that I should file for disability due to the way my body has been reacting to all the stress.

Expert:  Joseph replied 1 year ago.

Hello Elizabeth,

 

It depends on the extent of the treatment. If your employer's conduct is so outrageous that it has caused you emotional distress, you would have a cause of action against your employer for intentional and/or negligent infliction of emotional distress.

 

Since you have seen a therapist, that would support your claim for infliction of emotional distress.

 

You could either file for disability or workers' compensation, since your injury appears to have been caused by your working conditions.

 

Please remember that I don't make the law and have an obligation to tell you 'how it is' rather than how I would want it to be. And, please remember to rate my answer in accord with the service I provided and not whether the information was what you wanted to hear or not.

 

Thanks again and best of luck!

 

 

Expert:  Joseph replied 1 year ago.

Hello Elizabeth,

 

Please remember to rate my answer positively so I get credit for my work.

 

If you don't rate my answer, I receive nothing for assisting you (I don't get a salary or anything else for my work) and the website recoups your entire deposit.

 

Since I need the money much more than they do, I would sincerely XXXXX XXXXX you rate my answer positively so I get paid for helping you.

 

Thanks again and best of luck!

Joseph, Lawyer
Satisfied Customers: 4893
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
What does "hostile environment" mean?
Expert:  Joseph replied 1 year ago.

Legally, it means a work environment that is hostile (uncomfortable or difficult) to be in due to discrimination due to a protected characteristic, such as race, gender, national origin, or ethnicity.

 

So legally it doesn't include a work environment that is hostile due to any other reason than discrimination based on a protected characteristic, such as personal dislike, etc.

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:

    933
    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:

    933
    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:

    845
    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:

    329
    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:

    3365
    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:

    24
    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.