Unfair vs. Illegal

While some employers may treat their workers unfairly, this treatment might not always be considered illegal according to California labor laws. KSJM can help you understand the difference between unfair and illegal workplace treatment.

Unfair vs. Illegal Treatment in the Workplace Understanding Your Rights in California

It’s not unusual to feel that you have been treated unfairly at work—perhaps a manager is rude, a coworker consistently dismisses your contributions, or the corporate culture feels unduly harsh. However, not all unpleasant conduct rises to the level of illegality under California labor laws. While some treatment may seem (or objectively be) patently unfair, this treatment might not always be technically illegal. Understanding the difference between unfair treatment and illegal treatment can help protect both you and your position, prevent you from taking undue action, and enable you to make informed choices about the future of your career.

Distinguishing Unfairness from Illegality

Many people conflate general incivility or unpleasantness with illegal workplace conduct. California law does not require that everyone be kind or courteous at all times. A manager can, for example, be abrasive, and colleagues can be unfriendly without necessarily violating the law.

Illegal Treatment

Treatment at work becomes unlawful when it crosses into specific, prohibited categories—such as discrimination or harassment based on protected characteristics (e.g., gender, race, religion, age, disability, national origin, or other bases covered by state and federal law).

For instance, if your employer singles you out because you belong to a protected group or punishes only those who exercise a legal right—like filing for workers’ compensation—this goes beyond “unfair” and may constitute illegal behavior.

What Is a Hostile Work Environment?

A hostile work environment arises when ongoing harassment or discrimination based on a protected class becomes so severe or persistent that it alters the conditions of your employment. This heightened level of hostility typically makes you feel intimidated, threatened, or unable to perform your job effectively.

Examples of a hostile work environment might include the following:

Repeated insults or offensive remarks aimed at individuals of a particular gender, race, or religion
Targeting only certain employees for layoffs or discipline because they took protected actions, such as filing a workers’ comp claim
Continuous, overt intimidation that undermines someone’s work performance or job security
Merely feeling that you are being treated poorly is not enough; the hostility must relate to a protected status or activity and be severe or pervasive.

Recognizing a Viable Legal Claim

Even if the environment feels unfair, you generally have a legal claim only if your mistreatment is rooted in an unlawful motive. For example, if only women in your office are constantly belittled or if employees who report safety violations are systematically laid off, that pattern suggests an illegal action rather than mere unkindness.

Pretext in Employment Actions

Often, employers may try to conceal unlawful discrimination or retaliation behind a seemingly valid rationale—this is known as a “pretext.” They might claim poor performance or budget cuts to hide discriminatory intent. If the real reason for a termination or demotion is tied to your membership in a protected group or a protected activity, and you can show that the employer’s stated reason is false, you may have a strong case.

Smart Steps to Protect Yourself

Document Everything

The moment you notice questionable behavior, start writing down dates, times, and details. If possible, use a personal email address to maintain a secure record.

Keep Digital Evidence Intact

Never delete texts, emails, or other relevant documents. Preserving evidence is crucial if you decide to pursue legal action.

Avoid Rash Decisions

Do not resign prematurely, as leaving voluntarily can shift the focus away from your employer’s actions and toward your decision to quit.

Maintain Professionalism

Refrain from posting your grievances on social media or venting publicly about your employer. Uncontrolled anger or defamation could hinder your claim.

Identify Potential Witnesses

By collaborating with coworkers who have witnessed or experienced similar conduct, you can potentially strengthen your case.

Consult an Attorney Before Acting

An employment lawyer can guide you on the best next steps. Acting too quickly on your own can negatively affect any potential claim.

How KSJM Can Help

When you retain Kesluk, Silverstein, Jacob, & Morrison (KSJM), you’re not just hiring one lawyer—you gain an entire team of seasoned legal professionals. Our attorneys work collaboratively to evaluate every angle of your situation, from assessing evidence of discrimination to identifying pretexts in employer actions.

If you have concerns about unfair or potentially illegal treatment at work, contact our firm for a confidential consultation. We’ll help you distinguish between frustration you can address internally and situations that require legal intervention so you can safeguard your rights and pursue a resolution that fits your goals.