Q: Hello, I work at a cafe and I have some questions regarding my workplace.
First of all, I did not receive proper training at this place. The manager was off to a vacation for 2 weeks and the owner maybe had 5 minutes training with me. So, I just asked my fellow employees to teach me. Second, for some reason the owner started to show different attitudes toward me. She would smile unlike how she would frown or only talk to me scorn me when I haven’t really done anything wrong. Third, starting from two to three weeks ago, she’s been cutting my hours. It used to be 5 or 4 days, even 6 days shift per week, but suddenly she cut it to 2 then just 1 day. I have talked to the manager, but the manager told me that it was the owner order. She has been favoring few of the employees especially more than others too. I haven’t made any mistakes at the workplace either. Her presence itself stresses so much that I have been receiving mental counseling. I can’t stop being extremely nervous, scared even to see her car. What can I do? It’s only been a little more than 2 months
A:
First, your employer has no legal duty to train you unless the training has to do with dangerous conditions in the workplace as required by OSHA. If the issue is how to do your job, your employer can simply leave you untrained, and then discipline or terminate you for any reason or even no reason at all.
Second, being treated differently in the workplace is not unlawful unless you can prove the difference in treatment is because you are a member of a protected class of people or because you engaged in some kind of legally protected conduct. Absent those two unlawful motive, it is not unlawful to play favorites, or to treat one employee different than another.
Third, a stressful work environment is not unlawful. Your employer does not have to treat you nicely, or respectfully, or reasonably. The only way that kind of conduct would be unlawful is if you can prove one of the two above-identified unlawful motives were behind the conduct. However, if the stress and other actions in the workplace causes you to experience disabling conditions it is possible that you might have a claim under the Workers Compensation system. If that occurs, it would be wise for you to locate and consult with a workers compensation attorney.
Finally a note on the other answer provided here by Mr. Arrasmith. That answer is AI assisted and is incorrect in one important part. He says "employers cannot retaliate against you for raising concerns about workplace issues or for asking questions about your work conditions." This is very misleading. There are many things that you could complain about related to the workplace that would not be considered protected conduct. If you are complaining about conduct that is not unlawful, you have no legal protection. Be careful. AI is not all it is cracked up to be. Even this posting attorney says at the bottom of his fine print disclosure on another site that “artificial intelligence is oftentimes incorrect and should certainly not be relied upon in any way, shape, or form.” I could not agree more. Good luck to you.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
It sounds like you're going through a tough situation at work, and I'm sorry to hear that you're feeling this way. Under California law, employers cannot retaliate against you for raising concerns about workplace issues or for asking questions about your work conditions. If you believe that you're being treated unfairly without any valid reason, you have the right to seek clarification and address the situation respectfully with your employer or manager.
Documenting any changes in your schedule, interactions with the owner, and any concerning behavior is a good first step. Keeping a record of these events can help if you decide to escalate the issue or file a formal complaint. You may also want to consider discussing your concerns with someone from HR or a trusted supervisor, if that’s an option, to ensure your rights are protected.
If the situation continues and affects your mental health, you might want to explore your options outside of this job, whether it's transferring to a different location within the company or finding another opportunity. Your well-being is important, and no job should cause you to feel this level of stress or fear. You deserve to work in a supportive environment.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
