Q: Can I sue my boss?
I currently work with a plastic surgeon and he’s belittles me Infront of patients and calls my stupid behind my back and he doesn’t give me a break, I don’t take break at work not only does he humiliate me but he constantly calls me for his personal problems to call his “girlfriend” to answer his phone not only that he fights and beats his girlfriend infront of me
A:
It sounds like you work in a truly awful work environment. However, little you have noted is actually unlawful.
It is not unlawful for a boss to belittle, bully or talk about you behind your back. Similarly, it is not unlawful for a boss to require you to do things that are not related to the job you were hired to perform, even if they are personal projects.
However, the breaks issue raises a legal claim. If you are not an exempt employee, then your employer has an obligation to provide you with a reasonable opportunity to take a ten-minute, on-the-clock, uninterrupted, duty-free rest period for every four hours (or major portion thereof) that you work. As a non-exempt employee you also must be given a reasonable opportunity to take a thirty-minute, off-the-clock, uninterrupted and duty-free meal period on any workday when you work more than 5 hours.
If you are non-exempt and you are not given the reasonable opportunity to take the rest periods described above, you are entitled to a penalty wage in the amount of one hour of pay at your regular rate for every day you were denied at least on such rest period. You are entitled to another hour of pay for every day you were denied the meal period as described.
If you wish to pursue your rights related to the breaks issue, it would be a good idea for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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