Legal Question in Employment Law in California

harassment what are my rights

I have an office manager that targets me for ridicule for no reason. constanly using vulgar language and demeaning me. she uses double standards only when it pretains to me. One situation , last yr I had to work part time due to a medical prob. I was told I had to use my vacation time to cover for the hours I missed after returning to full time I wanted to take a vaction which I was told I had no more time so it was ''take your vac or possibly be fired'' now another employee has used up all her vac time and there is no prob with her taking the time off. Ther are alot more of these situations too long to list thanks for any advice,--name removed--


Asked on 10/17/06, 10:03 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: harassment what are my rights

If all this is simply office politics and pettiness, it is not illegal. The law does not ban poor management, harassment or stupidity, if it did, most people would be in jail. Unless you can show illegal discrimination based on gender, race, etc, your remedy is to look for another job, unless a complaint to upper management and HR corrects the problem.

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Answered on 10/25/06, 2:28 pm
Beth Mora Cooper & Mora, A Professional Corporation

Re: harassment what are my rights

I am sorry to hear about your situation. I would need to hear more about your medical problem to determine if the time off you took for the medical problem was protected activity. However, it could be. Should it be protected activity, treating you differently for taking time off for a medical condition is a violation of your rights.

Nevertheless, other abuse without a protected activity or classification is not illegal. Your boss's abusive conduct must be more than just being abusive, it has to be movatived by a protected activity (taking medical leave, complaining about illegal conduct, etc..) or by a protected classification (because you are a women, person of color, your religion, etc...). Being a jerk is not illegal.

If you are willing to stick your neck out, so to speak, you can make a complaint about the conduct to their supervisor and Human Resources. However, if the conduct is not illegal, they have no duty to correct the conduct.

Should you feel the conduct is illegal, I suggest you contact our office or an attorney in your area. Best of luck.

Sincerely,

Beth Mora

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Answered on 10/25/06, 2:35 pm


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