The Lyman Firm - For Employee Rights

So your boss is obnoxious and mean, can you sue? Maybe, but maybe not…

It is not illegal to be a bad boss. By default, in California, it is generally okay for your boss to be terrible to you, to have unrealistic expectations, to be overly critical, to be erratic, unclear, unfair, or rude.

Whether or not this behavior is illegal depends on why your boss is acting this way. It’s about your boss’ motivation. Generally, these behaviors are only illegal if they are directed at you because you possess a “protected characteristic” or engaged in a “protected activity.”

For example, your boss can switch you to graveyard because he found out you’re a Dodgers fan, but he cannot do so because he found out you’re Muslim. This is because religion is a protected characteristic and your Dodger fandom is not, no matter how religiously you follow the team. It’s not so much about the act, as it is about the motivation.

Stay tuned for more posts exploring common and uncommon “protected characteristics” and “protected activities” under California law.