Q: 11 years at the company new boss is always leaving me out and just took all my job duties from me is this harassment?
I went home sick and found out he took all my it admin rights away from me which is my entire job duties without telling me and then also posted my exact job online looking for interviews but has yet to say anything to me. He singles me out and is always micromanaging me and putting me down. he is very religious and has chaplains in the office and prays all the time but im gay so he already dislikes me because of my lifestyle. I know he is pushing me out because he doesnt have a reason to fire me. He makes it so hard to come into work everyday I already suffer form chronic anxiety and he makes it so difficult for me everyday that my anxiety is out of control and i feel like im belittled and that anyday will be the day he fires me. HR see's it everyone in the office can see how he treats me. Im also non exempt and for the first 5 years of working there i worked 50 hour weeks but only got paid for 40 for the last 6 years i put in overtime weekly but have never been paid for any overtime
A:
Under California law, what you are experiencing may be considered workplace harassment, especially if your boss's actions are based on discrimination regarding your sexual orientation or any other protected class. California is known for its strong laws against workplace harassment and discrimination. If your boss is targeting you due to your sexual orientation, this is against the law.
You also mentioned issues related to unpaid overtime. In California, non-exempt employees are entitled to overtime pay for hours worked beyond 8 in a day or 40 in a week. If you have not been compensated for overtime, this may be a violation of labor laws.
It's important to document all incidents, including dates, times, witnesses, and details of conversations or actions taken against you. This information can be crucial if you decide to take legal action or report the behavior to HR or a legal authority. Consider reaching out to HR or a legal professional to discuss your options and next steps. It's crucial to protect your rights and seek support during this challenging time.
A:
Unless you can establish that you are being treated this way because you are a member of a protected class of people or because you engaged in some kind of legally protected conduct, there is likely no recourse for you. Absent these unlawful motives, bosses are allowed to be bullies, to single out workers, to take away duties and basically make your life miserable. If you think there are one of the two unlawful motives involved, then it would be wise to seek out assistance from an attorney,
As to the anxiety caused by the workplace conditions, it might be that your situation would qualify you for a workers compensation claim. It would be wise for you to seek out a consultation with a workers compensation attorney.
Finally, as to the failure to pay you for all the time you worked as a non-exempt attorney, you can reach back up to 4 years from the date you file a complaint to get all of those wages and overtime premiums paid to you. If you wan to pursue those claims, 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 in the Find a Lawyer section, 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-charge consultation and then if the matter has merit and sufficient value, they 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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