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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12787
Experience:  Significant experience in all areas of employment law.
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I felt I was working in a hostile work place. Things were said

Customer Question

I felt I was working in a hostile work place. Things were said to me by a boss and done to me by a boss that I feel was discriminating toward me while I was doing my job. the flicking with her finger on the back side of my ear. She told a security officer if she had it her way she would fire me. She told me her 9 yr old niece is more grown up than me.This is suppose to be my leader.I drove a bus in our 55 and over community. While myself and a couple other drivers was chatting outside our brake room a 16 yr old that's not capable of going to school that lives in our community over heard one of my dirty jokes took it home to his mother and a month later I was fired over it. I was given no warning of this, no probation, nothing. This is the same kid that I complained to along with all the other complaints by drivers to one of my bosses. Nothing was ever done to this kid. Our bosses new about this kid from complaints from senior residents that lived there and used the bus system. This was a problem before I even started working for the company. I worked part time because I lived there in the community. Our bosses are sent out of the office with a camera to hide and take pictures of us drivers at stop signs and they all the time ride along with us noting any little mistake we do then they write us up and put it in our files. You say something to them about it and they laugh it off. I've never been in trouble at my job and they constantly look for things to write you up. This is with all the drivers. All the bus drivers and security friends have told me that I should bring this matter to your attention, so here I am, can you help. There's more to what is going on at this work place. Thank You, XXXXX
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question. I hope that you will appreciate what I am about to tell you, although it is not entirely favorable to your situation.

I think we've all been there with unpleasant supervisors, but unfortunately there is no law requiring civility between employer and employer. There are, however, laws prohibiting harassment on the basis of being part of a protected class. Unless your employer is harassing you on the basis of your sex, gender, race, ancestry, national origin, color, sexual orientation, religion, medical disability, marital status, age (40 and over) her treatment of you, however disrespectful, is probably not illegal.

If you feel that you are being harassment on the basis of one of the above protected categories, complain to your employer in writing. That way, if you are later terminated, you would have a solid claim for retaliation. Also, if you believe what your employer is doing constitutes actionable harassment, you should file a complaint with either California's Division of Labor Standards Enforcement or the federal Equal Opportunity Employment Commission.

I hope that this information helps you in deciding what to do.
If my answer has been helpful to you, please click on the GREEN ACCEPT button directly above. I will not get credit for assisting you or receive payment for my work unless you do this. Your question will not close after you click "accept," and you will still be able to ask follow-up questions if necessary.
The only facts I know about your situation are the ones that you tell me, so please try to be specific and bear in mind that, occasionally, miscommunications will occur. I will do everything I can to clarify my answer if I have misunderstood your question. Also bear in mind that the law does not always read how we think it should. I ask that you be understanding if an opinion I have provided is not consistent with what you wanted to hear.
Finally, the information that I have provided is not legal advice. I am not acting as your attorney and my answer does not establish an attorney-client relationship between us. I encourage you to consult with a local attorney in regard to legal matters.
Expert:  Patrick, Esq. replied 5 years ago.
I do apologize for a couple typos that slipped into my above response. Best of luck to you, and please remember to click "accept" if I have adequately answered your question. If my answer was unclear in any way, I am happy to provide followup. Thanks.