Garden Grove, CA asked in Employment Law for California

Q: Employer asks me to apologize and do not document conversations

I am an immigrant and I am working for an employer who has 20 staff. I recently declared my disability (Diabetes). I have worked for around 4 months here. There is one manager (I do not report to him, and I have never worked with him on a task) and he constantly singles me out with harassing comments, raising his voice on me, and in few occasions he started demeaning me when I refused to carry his personal stuff for him to his car (e.g. he reminded my past English mistakes and addressed me with "goddammit!" ) I have repeatedly asked him to stop, and documented that. Yesterday, I asked him via company's chat system (10 pm) to stop raising his voice on me when its not needed. He responded he will take this to the President of the company (both White Americans). The president of the company invited me to meeting today, he was mad with my documenting this and he asked me to make apologies to the other party, tomorrow , for my "late chat and my assumptions".

Should I apologize tomorrow?

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: I am sorry you are facing this. Unfortunately there is nothing unlawful about employers allowing yelling, bullying and demeaning comments to be directed at employees unless you can prove the reason for that conduct is your membership in a protected class of people or because you have engaged in some form of legally protected conduct. Complaining about the yelling and bullying is not protected conduct by itself. Therefore unless you believe you can prove you are being treated this way because of your national origin, or race, or disability status, there may be no recourse for you other than to apologize and move on to another job as soon as you can find one.

Good luck to you.

1 user found this answer helpful

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