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Worker's Rights & DOT Violations, am I protected under the whistle blower act? I know I will get fired what are my rights??

Torrance, CA |

I have been a Supervising dispatcher for 2 yrs without supervising wage pay only S.Duties while performing my duties I am treated inhumane. I am harassed by the owner & his wife. Derogatory comments such as INCOMPETENT and STUPID!! have become normal business practices. I was hired/salary employee. Sometime after I noticed my stubs had hours and my salary decreasing (I didn't make a fuss because I NEEDED my job though I knew it was illegal). I finally complained about illegally garnished salary & inhumane treatment. In retaliation my work days & pay decreased. I did not quit & have not given in to terms nor I have been fired. Aside from worker's rights violations also MANY DOT violations. I am thinking of whistle blowing and filing complaints. Rights?

Attorney Answers 1

Posted

I think you may have a misimpression about what your workplace rights actually are.

The only workplace actions that are *illegal* are those taken because of what we call a "protected characteristic" (like race, age, sex, etc.), or a "protected act" (like complaining about something *illegal*).

It is not illegal to be "harassed" at work. It is not illegal to be called incompetent or stupid. It is not illegal to decrease someone's salary. None of those things are illegal.

The only time they are *illegal* is when they are because of a protected act or a protected characteristic. So if your salary was reduced because, for example, you complained about *illegal* DOT violations, that might be illegal itself.

I would review carefully what happened and what evidence you have about why it happened in light of this information. Because your original post seemed to have some misunderstandings about what your workplace rights actually are, you will want to be careful before entering into any legal action. You could find yourself without a job, and without recourse.

I hope this information is helpful to you.

Sincerely,
Craig T. Byrnes

Disclaimer: Please be aware that I am not offering legal advice, nor forming an attorney-client relationship with you. I am not representing you, nor doing anything to protect your legal rights. If you believe that you have suffered a legal wrong, take action before any statute or limitations expires, or your right to do so may be lost forever. Good luck in your legal matter.

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