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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4868
Experience:  Extensive experience representing employees and management
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My supervisor ignores me, glares at me, and often talks to

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My supervisor ignores me, glares at me, and often talks to my chest when discussing a work related issue. He constantly finds fault with my work and yet he does not provide feedback on how to turn-in 'acceptable' work. I have asked my coworkers about the amount of returned work they receive and one answer was "I get something back once in a while." I seem to be his primary target when he's frustrated or upset about something. Just last week he had a heated discussion with another manager and was told to "be respectful." Minutes later he came to my cubicle to berate me about my work.

Some months ago I lost control and starting yelling at my supervisor and accused him of discrimination. I quickly backed-down since I felt intimidated by my supervisor and his managers.

I have now had this supervisor for nineteen months and I have suffered: weight loss, insomnia, anxiety, depression and a terrible feeling of dread on Saturday night about returning to work on Monday. One employee told me that management probably assigned me to this supervisor in the hopes that he would force me to quit. Another employee referred to the supervisor's treatment of 'new' employees as hazing.

I am an older, single mother and I am TERRIFIED of being weak and quitting. I've been a county employee for almost ten years and I don't think I can bear this situation for much longer.
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Joseph replied 9 months ago.
Hello,

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

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

What question do you have regarding your situation?
Customer: replied 9 months ago.

I cannot work in this environment. Do I have any legal rights or should I be looking for another job?

Expert:  Joseph replied 9 months ago.
Hello Rhian,

Can you tell me if you are an at-will employee or if you are a member of a union?

Also, can you tell me if you have any reason to believe that you are being discriminated against due to a protected characteristic (such as race, gender, national origin, ethnicity, race or sex)?
Customer: replied 9 months ago.

I'm a member of a union.


 


I'm the only white, english 50+yr old employee he supervises. My supervisor is Afro-American.

Expert:  Joseph replied 9 months ago.
Hello Rhian,

You may have a case for discrimination on the basis of age (over 40) and national origin, if you believe that your supervisor is discriminating against you for these reasons.

You can and should file a complaint with the Department of Fair Employment and Housing for discrimination on the basis of age and national origin in violation of the Fair Employment and Housing Act.

You can do so 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 on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your employer through a private attorney.

Additionally, you should file a grievance against your supervisor and employer for your supervisor's behavior, requesting that you be assigned to a different supervisor due to the inhumane and horrible treatment that you are being subject to by this supervisor.



I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph



Customer: replied 9 months ago.


Thank you for your reply. Could you please clarify:


 


You may have a case for discrimination on the basis of age (over 40) and national origin, if you believe that your supervisor is discriminating against you for these reasons.


 


I may believe my supervisor is discriminating against me because of my age/national origin but if he's never made comments about either wouldn't it be hard to prove?

Expert:  Joseph replied 9 months ago.
Hello Rhian,

Yes, it would be hard to prove if you don't have any evidence.

However, that is what an investigation provides. The investigation could churn up evidence of discrimination even if you don't have any particular evidence (statements, etc. that your supervisor made) to prove your complaint.
Customer: replied 9 months ago.

A couple of years ago I had an adverse reaction to medication I was taking. At work, and home, I acted in a very aggressive and confrontational manner. I had to stop taking the medication and take time off work.


 


Because of this incident I believe I'm perceived as a 'trouble maker' by supervisors and upper management.


 


Should prior actions, and my shame, stop me from taking action in this situation?

Expert:  Joseph replied 9 months ago.
Hello Rhian,

No, I certainly don't think that your past behavior due to a medication side effect should have any effect on your current decision to report your legitimate complaints about the treatment you're receiving currently.

It would certainly have to bearing on the validity of your complaint.
Joseph, Lawyer
Satisfied Customers: 4868
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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