What can I do if am victim of verbal abuse from my boss? can I sue him for something? or I need to quit?
7 attorney answers
You should discuss the issue with the Boss or HR at work. If result is not satisfactory, see EEOC and DFEH .
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
Unfortunately, there are generally no legal remedies protecting employees against their boss being a jerk. I personally think this is very unfair, but that is what the current law is. The exception to this general law is harassment based on race or gender, which is illegal. If either is applicable to you, then you might have a claim. Also, you might have claims against your boss if he is not paying you overtime, or is not allowing you to take daily meal and rest breaks.
Unfortunately, it sounds as though your boss is a jerk. The law generally does not prevent a boss from being a bad manager.
At-will employment is a doctrine in which an employee can be dismissed by an employer for any reason without having to establish "just cause" for termination, and without warning. The basis for this rule is that an employee may be similarly entitled to leave his or her job without reason or warning.
In workplaces with a trade union and a collective bargaining agreement, and in many public sector jobs, the normal standard for dismissal is that the employer must have a "just cause". Otherwise, subject to statutory rights, such as protections against discrimination and/retaliation, the general principle is that an employee may be discharged without cause and without notice.
If you believe that you are being discriminated against or retaliated against because you are in a protected category, you might want to consult with an experienced employment law attorney and have them evaluate your case. The California Employment Lawyers Association maintains a list of employment law attorneys who represent employees against employers. Follow the link to: www.cela.org.
If this stress is causing you injury, you may have a workers' comp. claim. In the meantime, look for another job and get out of there ASAP.
Harassment is very fact specific and I'm sure you would have more details to share with an attorney during a consultation. From the facts we have here from you, it is hard to tell whether you have a claim and what type of claim. You should keep all documentation you have (notes, email, etc) and set up a consultation with an employment attorney. Best of luck!
This response is meant for general information only and does not constitute legal advice. This response does not create an attorney-client relationship.
If your boss is harassing you or others, then you may be working in a "hostile workplace." You should consult an employment attorney in your area to consider a claim. Also, look into whether you are missing meal or rest breaks, or overtime?
If your boss has a boss, then immediately make a written report of the harassment, so he hopefully gets the message and stops.
This legal advise is not to be relied upon until an attorney-client agreement is in place. The opinions provided are opinions only and do not establish an attorney-client relationship.