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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I work at a call center and last week I asked my manager that

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I work at a call center and last week I asked my manager that I have a Dr's appt. I left at 1p.m. and never came back until the following day. He approached ne from behind as I am seating down on my desk as I have a customer on the phone. Then he starts to tell me " where did you go" How come I did not come back" I replied I had a dr's appt. He replies did you go out with a girl are you sure you went to the Dr. Keep in mind I work 7 days a week and took somew time off off the clock. We are only allowed to work 50 hours a week. Yet we work 70 hours per week and yes we are breaking the law. But the company doesn't care. All they want is to see production. Everyonbe is so stressed that they are employees that are verbally confrontational and managers does nothing. here is another incident that happened 3 months ago. I was called by Hr and my manger to . I sat down and they wanted me to point out a confrontation that happened in front of me. I said that management needs to do something about this hostile environment and managers are not doing enough. The HR lady told me they are working on it. Three months later the incident above happened. I am stressed. I don't like to fight but it apears that this company allows this behavior, What should I do?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

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

Do you believe that the workplace is hostile due to discrimination based on a portected characteristic (such as race, gender, national origin, sex, or ethnicity)?
Customer: replied 5 years ago.

Hi my name isXXXXX am new here.

Customer: replied 5 years ago.

No I do not believe that the work place is hostile do to discrimination and everyting else you mentioned above.

Expert:  Joseph replied 5 years ago.

Unfortunately, unless the hostile work environment is due to a protected characteristic, the treatment that you and your co-workers are experiencing is not illegal, although it is definitely unethical.

Also, if you're not being paid for all the hours that you've worked, then you should file a wage claim against your employer for the amount that you are being underpaid.

You can file a wage claim with the Department of Industrial Relations using the forms available online here:
Customer: replied 5 years ago.

My company who I work for gets these type of lawsuit very year.

Expert:  Joseph replied 5 years ago.
What types of lawsuits are you refering to? Wage and hour claims or hostile work environment claims?
Customer: replied 5 years ago.
Both for wages and physical confrontations with managers and employee's
Customer: replied 5 years ago.
Relist: Other.
no response
Expert:  Joseph replied 5 years ago.
Yes, both of those are actionable. However, the manager's treatment of an employee doesn't give rise to a cause of action, unless it is due to discrimination.

If the manager physically touches an employee in any way, however, that would give rise to a civl assault and/or battery cause of action against the employer.
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