What constitutes a valid hostile work enviourment case?

UPDATED: Sep 30, 2022

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What constitutes a valid hostile work enviourment case?

The general manager at my location is related to and or dating 6 members of the staff at this restaurant. I have notified the area manager who oversees 13 stores of these issues more than once. There are 3 managers at this location – GM, restaurant manager and assistant restaurant manager, which is me. This GM lets his family continuously violate company policies by being late by hours nearly every shift and not completing work. I wrote one up last weekend for being 1 hour and 45 minutes late. He just laughed at me and ripped it up and wiped his groin with it before throwing it up in the air. This was all caught on camera and yet he still has his job. There is an obvious different set of rules for his family than the rest of the staff and not one employee who is not related would disagree. He changes hours and payroll, taking off hard working staff and paying his family better than anyone in the restaurant. I have been working in restaurants for nearly 30 years and this is the most hostile, unbelievable place that I have ever worked at. I have been at this location since it almost opened 3 years ago. This has become unbearable and has ruined the morale of the entire staff and myself.

Asked on March 23, 2016 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A hostile work environment is created when a superior's or co-worker's actions, behavior or communications make an employee's performing their job duties in a reasonable way impossible. Additionally, the behavior, actions or communication must be discriminatory in nature.
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