Skip to main content

[CA] Do I have a case against my employer who cut my hours for discussing wages?

Employment, EEOC, wage claim, Civil Rights Act, Equal Pay Act, overnight break laws (10:30–7 and 10:30–6:30 shifts).

13

4

TJ, Esq.
TJ, Esq.

17,778 satisfied customers

View context
Solved

It sounds like you’re dealing with several serious issues — racial discrimination, retaliation for discussing wages (which is protected activity), and a potential privacy violation for sharing medical information.

Under federal law (EEOC jurisdiction) and California law (CA Govt Code § 12940(a)), the following apply:

  • Discrimination based on race is illegal.
  • Retaliation for speaking about wages or reporting misconduct is also illegal.
  • Holding a disciplinary meeting 24 hours after you raised concerns could be strong evidence of retaliation.

The fact that your hours were cut after returning from leave could indicate further retaliation. Employers cannot reduce your hours or punish you for engaging in protected activities.

Since you’re still employed, you’re in a strong position to document everything — including dates, communications, and patterns of retaliation.

You may have grounds for:

  • An EEOC complaint for discrimination and retaliation.
  • A wage claim for lost hours and denied breaks.

0

Full Conversation


Employment, EEOC, wage claim, Civil Rights Act, Equal Pay Act, overnight break laws (10:30–7 and 10:30–6:30 shifts).

Lexi

Lexi, Chatbot

It sounds like you have several concerns involving employment laws. Have you experienced any specific issues related to these laws at your workplace?

Hostile work environment.

Lexi

Lexi, Chatbot

Are you looking for advice on how to address these concerns with your employer, or are you considering taking legal action?

Legal action.

Lexi

Lexi, Chatbot

Is there anything else the employment lawyer should know before I connect you? Rest assured they’ll be able to help with your hostile work environment issue.

Yes.

TJ, Esq.

TJ, Esq.

Hello! My name is TJ, and I’m an attorney. Thanks so much for the opportunity to assist you!

TJ, Esq.

TJ, Esq.

Hi again! When dealing with a hostile work environment that might involve violations of wage laws, civil rights protections, and overnight break rules, there are several legal paths you can take.

You can:

  1. File a claim with the EEOC for discrimination or harassment under the Civil Rights Act.
  2. Pursue wage claims if your pay, breaks, or hours violate state or federal labor laws.

If your employer ignored their legal duties or retaliated against you, that strengthens your case. Hostile work environment cases can be challenging — you need to show that the conduct was severe or pervasive enough to affect your working conditions.

Question for you:

Can you tell me what state you work in and whether the hostile environment involves discrimination based on a protected category like race, gender, or age? Also, are you still employed there, or did the situation lead to termination or resignation?

San Diego, still employed.

Certain she is prejudiced against Black people.

Lots of retaliation for discussing wages. They also shared someone’s medical disability and got mad at me, then I had a disciplinary meeting 24 hours later.

I just got back from leave and my hours were 8 hours short.

TJ, Esq.

TJ, Esq.

It sounds like you’re dealing with several serious issues — racial discrimination, retaliation for discussing wages (which is protected activity), and a potential privacy violation for sharing medical information.

Under federal law (EEOC jurisdiction) and California law (CA Govt Code § 12940(a)), the following apply:

  • Discrimination based on race is illegal.
  • Retaliation for speaking about wages or reporting misconduct is also illegal.
  • Holding a disciplinary meeting 24 hours after you raised concerns could be strong evidence of retaliation.

The fact that your hours were cut after returning from leave could indicate further retaliation. Employers cannot reduce your hours or punish you for engaging in protected activities.

Since you’re still employed, you’re in a strong position to document everything — including dates, communications, and patterns of retaliation.

You may have grounds for:

  • An EEOC complaint for discrimination and retaliation.
  • A wage claim for lost hours and denied breaks.

I work 10:30–7 or 10:30–6:30 shifts and can’t take a break when needed. Going to the bathroom is a logistical nightmare sometimes.

I need to know if, based on my documentation, I have a legit case. I’m working on a letter to the EEOC and I’m going to file a wage claim.

TJ, Esq.

TJ, Esq.

Thanks for explaining your schedule. Working those long shifts with little to no ability to take breaks — including bathroom breaks — is a potential labor law violation.

Under California labor law and federal regulations, employers are required to:

  • Provide a 30-minute unpaid meal break for every shift over five hours.
  • Provide 10-minute paid rest breaks for every four hours worked.
  • Avoid interfering with bathroom access or rest breaks.
  • If your employer makes breaks “logistically impossible,” that’s a violation of wage and hour laws and can also contribute to your hostile work environment claim.

You’re doing the right thing by documenting everything. Keep:

  • A log of denied breaks or restroom delays.
  • Communications about retaliation or disciplinary meetings.
  • Pay records showing missing hours after your leave.
  • For your EEOC letter, emphasize the discrimination and retaliation issues.
  • For your wage claim, focus on the denied breaks and shorted hours.

From what you’ve described, you do have legitimate grounds for both claims. You’re building a solid foundation by collecting documentation and preparing to file formally.

TJ, Esq.

TJ, Esq.

17,778 satisfied customers

TJ, Esq.
Welcome! Have a similar question?

5 lawyers online now

Disclaimer


By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.

Ask a Lawyer Logo
Ask a Lawyer Logo
Intake Questions
Step of 3
Loading...
Loading...

How do you like to pay?

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

It looks like you already have an account with Ask a Lawyer.

We have sent you a magic link to . Click the link in your email to sign in and continue your chat.

spin

Step of 6 •

You'll receive an email at as soon as the lawyer joins the conversation 🙏🏻😊

Over 90% of lawyers connect within 5 minutes. If you're not online at that moment, don't worry — the lawyer will reply to your message while you're away.

You're also welcome to stay in the chat while waiting to be connected 💬✨

Waiting for lawyer