California law provides that employees are entitled to one day’s rest in seven and that no employer shall “cause” an employee to work more than six days in seven. One employee had worked seven consecutive days three times during his employment; the other employee had once worked seven consecutive days.

If you are a nonexempt employee, your employer is legally allowed to cut your hours. It’s also legal for your employer to cut your pay, either instead of or in addition to a cut in hours, unless the pay cut means that your hourly pay is below the minimum wage.

Can you sue for being overworked? There is no law limiting the total number of hours an employer can make an employee work. So, there is no cause of action for you to sue for being overworked.

Your legal right to make a stress claim You do have the right to make a legal claim for stress against your employer. These are not easy claims to bring, but they do happen and many are successful. A claim would generally be either for personal injury or constructive dismissal.

When it comes to emotional distress, there are two categories that you can sue an employer for: Negligent Infliction of Emotional Distress (NIED). With this type of emotional distress, you could sue if your employer acted negligently or violated the duty of care to not cause severe emotional stress in the workplace.

An unhealthy working environment is one that is characterized by ineffective or negative communication, unprofessional or dishonest behavior, punitive practices or policies and/or strained relationships between employees and office leadership.

Here are just a few examples of unfair treatment at work: Creating offensive comments, emails or social media posts about an employee. Demoting, transferring or dismissing an employee without a fair, disciplinary process. Paying women lower wages for doing the same job, because of their sex.

For example, being called a coconut; being told to “go home, you are taking the job of a person in Grahamstown”; being told that as a Black woman supervisor you can tell the woman what to do but not the Black men. are you being treated differently because of your pregnancy status, your HIV status, your disability?

In other words, certain types of discrimination can in fact be fair, according to the act. For example, where an employee is unnecessarily sidelined because he/she is disabled this could be unfair discrimination. If an employee is sexually harassed this is a form of unfair discrimination based on sex.

One of the most common areas of the law protecting employees from unfair treatment at work is in the area of employment discrimination. Federal laws prohibit discrimination on the basis of race, color, national origin, gender, pregnancy, age, religion, disability, and genetic information.

If you’re a victim of job discrimination or harassment, you can file a lawsuit. If the discrimination violates federal law, you must first file a charge with the EEOC. (This doesn’t apply to cases of unequal pay between men and women.) You may decide to sue if the EEOC can’t help you.

1-8

Basic rules

1. keep your letter to the point. You need to give enough detail for your employer to be able to investigate your complaint properly.
2. keep to the facts.
3. never use abusive or offensive language.
4. explain how you felt about the behaviour you are complaining about but don’t use emotive language.

Can I be punished for raising a grievance? You are protected from being treated unfavourably for raising a grievance that complains of discrimination. For example, if you were unfairly disciplined or even dismissed. This is known as victimisation.

Discrimination: An employer violates the Civil Rights Act of 1964, Title VII 42 U.S.C. For example, the NLRA makes it illegal for an employer to impose a rule that prevents or limits employees from talking about working conditions, job safety, or how much they make.

Speaking your mind shouldn’t lead to being fired for insubordination. In fact, disagreements in the workplace can be a sign of healthy communication habits between team members at all levels.

You can say anything you want about an employee you fired as long as what you say is true. For instance, if an employee was caught stealing company property and you fired him you’re free to tell that to other employees; just don’t exaggerate or lie.