Workplace Privacy And Harassment

Summary

You may have grounds for a lawsuit against your supervisor for breaching your confidentiality. Consider filing a complaint with your hr department or consulting with a labor law attorney for guidance.

Full Conversation

I worked at the front desk for a small privately owned motel. No one was on site to relieve me to take a break or lunch. There was drinking water available, but for purchase. No table and chair to sit in the “break room” the * and only restroom had to be accessed through the break room. My daily duties included cleaning that restroom, there was no separate restroom for boys and girls. I had to clean feces and urine from a male co worker. I was never provided a pay stub or given access to that information.
Did your employer ever deny you a meal or rest break during your work shift?

In California, employers must:
- Provide a *-minute meal break if the work period is more than * hours.
- Allow *-minute rest breaks for every * hours worked.
- Provide separate restroom facilities for each sex if there are more than * employees.
yes
What was the duration of your work shift? In California, employers are required to provide a *-minute meal break for shifts over * hours, and a *-minute rest break for every * hours worked.
* -* hours
Did you ever raise these concerns with your employer? In California, employers who violate meal and rest break laws may owe the employee one hour of pay for each missed break.
no, it was encouraged to work through. I was told “that’s what the other employees do “
Did you receive any form of compensation for the breaks you missed? In California, employers owe an employee one hour of pay for each missed break.
no
Have you kept any records or evidence of these missed breaks and lack of pay stubs?

Explanation: In California, keeping records can be crucial for wage and hour disputes. It can help establish a pattern of violations.
yes
That's good. Have you considered filing a wage claim with the California Labor Commissioner's Office? They handle such violations. Their contact is (*) *-*.
they also entered my direct deposit info incorrectly. I had to reach out to my employer to check the numbers they had, because my pay hadn’t deposited in my bank. They offered no apology, just advised me I could pick up my check later that day. I ended up getting in a bad car accident on my way to pick up my pay. Accident left me without a car. Accident could have been avoided if my account was entered correctly. I ended up not hanging access to my funds for a week.
Did you sustain any injuries from the car accident?

In California, employers are responsible for:
- Accurate and timely payment of wages.
- Providing pay stubs with detailed information.

You can contact the California Labor Commissioner's Office at (*) *-* for wage disputes.
yes.
I'm sorry to hear about your accident, Tiffany. Have you considered filing a personal injury claim? In California, you generally have two years from the date of the accident to file a claim.
My dog is as also in the car. He’s a service dog, I have social anxiety due to traumatic abuse from childhood.
I'm sorry to hear about your situation. Did your service dog sustain any injuries in the accident? In California, damages for injury to a pet are generally recoverable.
he can’t provide service to me any longer because he is scared to enter a car. He shakes uncontrollably
I'm sorry to hear about your service dog. Have you sought professional help for your dog's trauma? In California, you may be entitled to compensation for veterinary expenses and the loss of your dog's services.
yes, he probably won’t be able to work as a service dog
I'm sorry to hear that. Have you considered filing a claim for the loss of your service dog's services? In California, you may be entitled to compensation for this loss.
no
In California, you can file a claim for damages related to the loss of your service dog's services. Consider contacting a personal injury attorney for assistance.
i also had a coworker going into accounts I had processed payment on and messing with accounts to the point mistakes were being made that had to be corrected and putting it off on me. I advised my boss and supervisor of this but they did not believe me. I was able to find proof of this and showed them the evidence. This coworker had stated to me and said my employer he had never went into those accounts or dealt with them. Which he later changed his statement once the facts proved he did, and said it was an accident.
Did you report this coworker's actions to any higher authority or HR department? In California, it's illegal to sabotage someone's work and it can be considered as workplace harassment.
there is no hr.
In California, even without an HR, employers are obligated to address workplace harassment. Have you considered filing a complaint with the California Department of Fair Employment and Housing?
the owner I did speak with. He didn’t take what I was saying seriously, and stated that the coworker has worked for a long time for him. He trusted his word over mine.
I'm sorry to hear about your situation. Have you considered seeking legal advice or representation to address these workplace issues?
don’t know who I can contact
You can contact the California Department of Fair Employment and Housing at (*) *-* for workplace harassment issues. For wage disputes, reach out to the California Labor Commissioner's Office at (*) *-*.
i also went to my supervisor to discuss all of this. And felt I was being sabotaged for speaking up. I brought up that my work environment is crucial to my healing process and mental well being, as I regularly see a therapist to heal from abuse. She smirked and sort of laughed when I mentioned that. I let her know in confidence that I was noticing things that didn’t feel right, and I felt targeted. For once, my coworker was making mistakes and putting them off on me. There was a quote written on the calendar, which usually has motivational quotes there, but this time it read, if you are stupid you better be tough. Also I had purchased Small window decals for Halloween and
Did you feel that these actions were intentionally done to harass or intimidate you?
Yes. I had purchased small decals for Halloween and placed on door. They took them off and threw them out. And never even told me. Anything I addressed to my boss or supervisor in confidence, was shared with the entire office .
In California, it's illegal to create a hostile work environment. Have you considered filing a complaint with the California Department of Fair Employment and Housing? Their contact is (*) *-*.
I am in the process of hiring legal council.
What specific legal advice are you seeking from the counsel you're planning to hire?
If I spoke to my supervisor during my personal time, and advised her of personal matters, for example; I see a therapist regularly and that it is crucial in my healing and recovery that my work environment is safe and respectful
What actions, if any, has your supervisor taken that you feel have violated your right to a safe and respectful work environment?
She revealed everything I said to my coworkers
What was the impact of your supervisor revealing your personal information to your coworkers?
The next shift following that conversation I noticed that a guest who is a long term stay and one that I would communicate with every shift and ask how she was doing. Ignored me when I greeted her. I thought this was odd. Well this guest is friends to * of my co workers. This guest, I first believed she worked for us, because all the inside knowledge she had. But she was just friends with my co workers. And this guest approached me one day as I was having a smoke before work and asked for one. I gave it to her. And she continued to ask every shift multiple times a day. Which if I had it I gave it. She would always say that she would return what she borrowed from me as soon as she got paid or got a pack. This guest even approached me saying she didn’t have enough money to get something to drink for her kids , I offered my card to her , which she accepted. She also would ask if I could keep an eye on her daughters while she was gone. I replied I keep an eye on all my guests, it’s my job. Which I shouldn’t have done this as it isn’t professional. One day I forgot my pack of cigarettes, she was outside and so I asked for one, and felt comfortable enough after what I have done for her. And that was the only time. I ended up quitting smoking. So it came to a surprise when she went and told my supervisor about this. Stating I approached her for a smoke, without giving her the history prior to. Why would she do that? Well this happened once I spoke to my supervisor and addressed some things I believed were unprofessional. And her friend my coworker was written up.
Did you have any written or verbal agreement with your supervisor about keeping your personal matters confidential?

In California, it's generally expected that employers respect the privacy of their employees. However, specific rules may vary.
she stated over and over that she couldn’t speak on the conversation that she will have with my coworkers.
What actions have you taken since your supervisor disclosed your personal information to your coworkers?
but I didn’t get the same respect
What specific actions are you considering to take against your supervisor for breaching your confidentiality?
what can I do
You may consider filing a complaint with your HR department or pursuing a lawsuit for invasion of privacy. Please consult with your legal counsel for the best course of action.
Can my coworker speak to guests about issues that occur at work
What kind of issues are your coworkers discussing with guests? It's generally unprofessional to discuss internal matters with customers, but the legality may depend on the specifics.
my supervisor revealed concerns that I had with coworkers actions towards me , and concerns that I noticed to my coworkers who than told guest
What was the impact of your coworkers discussing your concerns with the guests?
Guest, who I regularly spoke to, suddenly ignored me And the complained about me and ended complaining about me in away that only told half the story. That led to me getting written up. This guest is close to my coworker
What was the reason given for your write-up?
for getting a cigarette from the guest. But the guest failed to mentioned she was the one who approached me first. And continued to do so several times a day, nearly every shift of mine. I had even given her my card when she came to me telling me she had no money for anything to drink. She approached me over 20times for a cigarette befor I asked her that one time, weeks ago. So her reason for that statement seemed malicious
What evidence do you have to support your claim that the guest's complaint was malicious and misrepresented the situation?
Evidence of her using my card. My work has cameras and can pull up the amount of times she came to me . And you would see I only went to her once . I take accountability for the unprofessional act on my part. But the amount of times she came to me while I was working and even making me feel bad she had nothing to drink. And than suddenly not speaking to me the day after I had a talk with my supervisor about my coworkers who is her friend
What steps have you taken to obtain the camera footage from your workplace? In California, you have the right to request this as part of your evidence.
a lawyer can get that
What type of lawyer are you planning to hire for this case?
labor law
What specific issues related to labor law are you hoping your lawyer will address in your case?
idk
What are your main concerns or issues that you want your labor law attorney to address?
Can I request my final pay check to be mailed along with my personal file
In California, you can request your final paycheck to be mailed. However, your personal file may not be included unless specifically requested. Please consult with your attorney for further guidance.
how do I request my personal file
In California, you can request your personal file by sending a written request to your employer. It's recommended to send it via certified mail to have a record of the request.
what should be included and what should not
In your personal file request, include:

- Your full name
- Dates of employment
- Request for all documents related to your employment

Avoid including personal health information or irrelevant details.
in my file
What specific documents or information are you hoping to find in your personal file?
should write ups be included
Yes, write-ups and disciplinary records should be included in your personal file. You can request these in your written request to your employer.
What about notes from a one on one meeting
Yes, notes from one-on-one meetings should be included in your personal file if they pertain to your employment or performance. You can specify this in your written request.
what if I never received a paystub and I later learned that there is an app for it that I wasn’t provided and my supervisor ignored the request I have evidence of me asking
In California, employers are required to provide itemized wage statements. If you have evidence of requesting and not receiving them, you may have a claim. Consult with your attorney.