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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Sorry, Im not the Saturday worker. Im the hourly worker

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Sorry, I'm not the Saturday worker. I'm the hourly worker that has been encumbered by the Saturday worker ...in having to work longer hours to keep us with the work load. Now that that Saturday worker is salary, and there ia an additional person covering for the newly promoted because this new position requires more reporting has additional help to do the job. I complained about the Saturday work and the additional person because i' continues to impact my work load, over time during M-F and causes shortages on materials due to last minute changes. Let alone the Saturday work as an hourly employee was illegal. Neither Management nor HR will address a possible change to the workload...by hiring additional people in my department to carry the additional workload created by additional labor added in the Planning department. So, I have been retaliated against by the Director and he will likely terminate my and is already re-assigning my job duties (w/o telling me)...to get me fired...because I can't keep up. In addition, he has done some other questionable things I would like to ask you about (paid of course).

I'm not sure whether the wage claim information would be applicable then, unless you are not getting paid for your overtime.

 

Do you have any reason to believe that the negative treatment that you're experiencing is (also) due to discrimination based on a protected characteristic, such as race, gender, national origin, or ethnicity?

Customer: replied 3 years ago.

Can't say. Most of the workers are Hispanic, but the boss is not.

Are you Hispanic? Has the boss ever made any derogatory statements about Hispanics or anything that would indicate that he is treating you and/or other workers differently due to race, ethnicity, and/or national origin?
Customer: replied 3 years ago.
No I'm not Hispanic but 3 of his direct reports are and the have told racist and sexist jokes. But mostly create hostile work environment, ie give me extra projects at the end of the day; don't answer emails; claim down time but don't provide details. When I ask for details -emails are further ignored. Give contrary & harassing directions which change verbally. Cut me off when I'm speaking; don't provide info to complete tasks. Allow exempt workers to take excessive sick time but if I'm out on vacation or out sick (not often) they don't provide a backup for me and retaliate against me if there is any down time on the few days I'm out. They put put pressure on me not to take time off etc. Is this hostile work envionment legal?

Hello M,

 

Unfortunately, unless the work environment is hostile due to discrimination based on a protected characteristic, it legally does not constitute a hostile work environment.

 

Contrary to popular belief, there is no code of civility in the workplace, and an employer has broad discretion to treat its employees in any way it sees fit, unless the employer actually threatens the employee's personal safety.

 

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.

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