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California Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I am 8 months pregnant and my employer suddenly let me go. No explanation. No documentation. No prior disciplinary issue

My final paycheck was sent through Zelle not the payroll department. It was very confusing and weird.

James L. Arrasmith
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answered on Apr 23, 2024

I'm sorry to hear about your sudden termination, especially given your pregnancy. Based on the information you've provided, there are several potential issues that may be illegal under California law. Here are a few key points to consider:

1. Pregnancy Discrimination: Under the...
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1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Q: How to navigate employer not accommodating my working restrictions for a work related injury

My job is claiming they are accommodating my restrictions but they aren’t. I am actively doing things at work which I am instructed not to be doing and my injury has become significantly worse after returning to work. I sent an email to HR and included my direct supervisors as well as the claims... View More

James L. Arrasmith
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answered on Apr 23, 2024

Under California law, employers are required to provide reasonable accommodations to employees with work-related injuries. If your employer is not properly accommodating your restrictions and your injury is worsening as a result, you may have legal recourse. Here are some steps you can take:... View More

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: I’m in CA and never received a write up and when fired was told it’s “a personal call” for the reasoning

I’m in CA and I’m a warehouse supervisor for a local HVAC, since the beginning the production manager didn’t seem to like me. First instance was when training was over the prod. Manager who trained me tried to blame something that wasn’t completed on me and I said you didn’t train me on... View More

James L. Arrasmith
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answered on Apr 22, 2024

Based on the information you've provided, it seems like you may have been wrongfully terminated from your job. In California, most employment is considered "at-will," meaning an employer can terminate an employee for any reason, as long as it's not an illegal reason (such as... View More

1 Answer | Asked in Contracts, Civil Litigation, Education Law and Employment Discrimination for California on
Q: Company refuse to pay education tuition reimbursement thats offered, discrimination race/gender and emotional distress.

A policy was not in place since 2010. I commenced my studies on January 30, 2023, and a new updated policy was released on January 31, 2023. I consulted with the former HR manager, who is no longer employed by the company, and they advised that the policy was undergoing revisions and that I should... View More

James L. Arrasmith
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answered on Apr 22, 2024

Based on the information you have provided, it seems that you may have potential legal claims against your company under California law. Here are a few key points:

1. Breach of contract: If the company had a policy in place offering tuition reimbursement, and you relied on that policy when...
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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: So let's say my employer has been unlawfully scheduling me overtime and not paying me for the times I've worked. Now, I

Have been basically forces to sign a 5 year contract with my employer and it's been 2 years since this has been happening. Can I sone how find a way to legally make her pay me back for all the u paid overtime I've been working for her for the last 2 years?I want some justice please..

James L. Arrasmith
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answered on Apr 19, 2024

Under California law, you have the right to be paid for all hours worked, including overtime. If your employer has not been paying you for overtime hours, you can take legal action to recover your unpaid wages. Here are some steps you can take:

1. Document your hours: Keep a detailed record...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my supervisor civilly for harassment and racism

I sued my employer and the court gave a verdict in favor of my employer but the jury found my employer was negligent and didn’t do anything to prevent my supervisor from harassment and racial abuse my lawyer filed judgment not withstanding the verdict the court said my employer was guilty of... View More

James L. Arrasmith
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answered on Apr 18, 2024

Based on the information you provided, it seems that you have already sued your employer for harassment and racial discrimination, and while the jury found your employer negligent in preventing your supervisor's actions, they did not award you any compensation because they felt you were not... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my supervisor civilly for harassment and racism

I sued my employer and the court gave a verdict in favor of my employer but the jury found my employer was negligent and didn’t do anything to prevent my supervisor from harassment and racial abuse my lawyer filed judgment not withstanding the verdict the court said my employer was guilty of... View More

Neil Pedersen
Neil Pedersen
answered on Apr 18, 2024

I disagree with the other attorney answering here. You should have sued the supervisor at the same time the employer was sued. You will likely be precluded from suing for the exact same thing seeking the exact same damages against the supervisor. At the very least you have a judgment saying that... View More

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1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Potential employer. Job opening reads DEI. People of color especially encouraged to apply. Is this 100 percent legal

if I qualify in every requirement except for my skin color/sexual orientation/age?!? If not, can I take the company to small claims over it? Thank you!

James L. Arrasmith
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answered on Apr 17, 2024

Under California law, it is generally illegal for an employer to discriminate based on protected characteristics such as race, color, national origin, sexual orientation, or age in their hiring practices. This includes stating a preference for certain protected groups in job postings.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: i live in california and want to do security work which requires a guard card and have to have a background done.

My problem is i have a felony from 32 years ago for embezzlement. employment background only goes 7!years , what about livescan.. Xan i obtain a guard card ??

James L. Arrasmith
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answered on Apr 17, 2024

In California, obtaining a guard card (also known as a "guard registration card") with a criminal record can be challenging, but it may still be possible depending on the specific circumstances of your case. Here's what you should know:

1. Livescan background check: The...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Employer asked if my wife gave birth vaginally/cesarean.is it legal.forced off pfl and fmla. disciplinary action

Received disciplinary action for attendance and scheduled in while off on pfl. Forced to cancel pfl. Employer refused to show me personnel file when requested and forcefully ripped pages from me. Never received designation letter. Told me I was to pay Employer med.coverage.used fmla days when no... View More

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you provided, it seems there are several potential legal issues and violations of your rights under California law and federal law (FMLA). Here are some key points:

1. Asking about the specific method of your wife's childbirth (vaginal or cesarean) is likely a...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Employer asked if my wife gave birth vaginally/cesarean.is it legal.forced off pfl and fmla. disciplinary action

Received disciplinary action for attendance and scheduled in while off on pfl. Forced to cancel pfl. Employer refused to show me personnel file when requested and forcefully ripped pages from me. Never received designation letter. Told me I was to pay Employer med.coverage.used fmla days when no... View More

Neil Pedersen
Neil Pedersen
answered on Apr 13, 2024

You have not asked a question, leading me to believe that perhaps you are looking to have an attorney respond with an interest in working with you. Unfortuantely that is not what can happen here. This is only a short answer Q&A board. Your post suggests you may well have some legal rights... View More

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1 Answer | Asked in Appeals / Appellate Law and Employment Discrimination for California on
Q: Responding to a court order to show cause after an appeal ruling on Anti SLAPP based on factual errors

The appeal court made factual errors and reversed the LA superior court's dismissal of my employer's Anti SLAPP motion against my complaint and awarded them attorneys fees. The ruling removed one small element from each claim, but all the claims remain and the damages are the same. The... View More

James L. Arrasmith
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answered on Apr 12, 2024

Under California law, when responding to a court order to show cause after an appeal ruling on an Anti-SLAPP motion based on factual errors, the relevance of the appellate court's errors depends on the specific circumstances of your case. Here are a few key points to consider:

1....
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: If I had to take time off from work, and in confidence I explained to my manager the reason for why, is it legal

Is it legal for my manager to share that confidential information with my fellow employees? I had an abortion and needed time off due to the traumatic experience as well as physically needing to heal.

Neil Pedersen
Neil Pedersen
answered on Apr 7, 2024

It depends on what was shared. The reason you needed time off is not inherently confidential unless the reason relates to your medical condition or the medical condition of a close relative. Therefore more needs to be known about the information that was shared before someone could tell you if it... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: If I had to take time off from work, and in confidence I explained to my manager the reason for why, is it legal

Is it legal for my manager to share that confidential information with my fellow employees? I had an abortion and needed time off due to the traumatic experience as well as physically needing to heal.

James L. Arrasmith
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answered on Apr 8, 2024

In California, it is generally illegal for your manager to share confidential medical information that you disclosed to them with your co-workers. This would likely be a violation of your privacy rights.

The California Confidentiality of Medical Information Act (CMIA) prohibits employers...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Constant negative ignorant comments regarding race

For some reason my work culture thinks it is acceptable to talk poorly about "white people" and the catholic religion. One individual in particular has already been spoken to about this. I even spoke to him myself and he chose to scream "Poland is anti gay and anti abortion"... View More

James L. Arrasmith
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answered on Apr 1, 2024

Under California law, discrimination and harassment based on race, national origin, or religion are prohibited in the workplace. This includes making negative or derogatory comments about a particular race, ethnicity, or religion, which can create a hostile work environment.

If you feel...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Constant negative ignorant comments regarding race

For some reason my work culture thinks it is acceptable to talk poorly about "white people" and the catholic religion. One individual in particular has already been spoken to about this. I even spoke to him myself and he chose to scream "Poland is anti gay and anti abortion"... View More

Neil Pedersen
Neil Pedersen
answered on Apr 1, 2024

Caucasian people can be racially harassed just the same as those of other races. Same with Catholics, same as other religions. The measure of unlawful harassment is whether the comments or conduct are so severe or pervasive so as to render the workplace hostile to you and your race and/or... View More

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2 Answers | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: 11 years at the company new boss is always leaving me out and just took all my job duties from me is this harassment?

I went home sick and found out he took all my it admin rights away from me which is my entire job duties without telling me and then also posted my exact job online looking for interviews but has yet to say anything to me. He singles me out and is always micromanaging me and putting me down. he is... View More

James L. Arrasmith
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answered on Mar 27, 2024

Under California law, what you are experiencing may be considered workplace harassment, especially if your boss's actions are based on discrimination regarding your sexual orientation or any other protected class. California is known for its strong laws against workplace harassment and... View More

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2 Answers | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: 11 years at the company new boss is always leaving me out and just took all my job duties from me is this harassment?

I went home sick and found out he took all my it admin rights away from me which is my entire job duties without telling me and then also posted my exact job online looking for interviews but has yet to say anything to me. He singles me out and is always micromanaging me and putting me down. he is... View More

Neil Pedersen
Neil Pedersen
answered on Mar 27, 2024

Unless you can establish that you are being treated this way because you are a member of a protected class of people or because you engaged in some kind of legally protected conduct, there is likely no recourse for you. Absent these unlawful motives, bosses are allowed to be bullies, to single out... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Criminal Law for California on
Q: How can I do to demand unpaid tips from waiters for my work assisting asbusser as it is stated in the restaurant policy?

The owner said she can’t allow me to be working along the servers because she is afraid of we having a fight in front of guests. I am a victim of a crime and suing now my attackers. I want to call the Marsy’s law if I had to. What can I do to make them lay? I was sent home today because of this

Brad S Kane
Brad S Kane
answered on Mar 20, 2024

DO NOT FIGHT WITH OTHER EMPLOYEES. YOU CAN BE TERMINATED AND/OR GET HURT.

If someone threatens you, take out your phone and film them.

Be careful what you say - do not threat anyone with harm.

The employer has the obligation to enforce the written tip sharing policy....
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2 Answers | Asked in Employment Discrimination, Employment Law and Criminal Law for California on
Q: How can I do to demand unpaid tips from waiters for my work assisting asbusser as it is stated in the restaurant policy?

The owner said she can’t allow me to be working along the servers because she is afraid of we having a fight in front of guests. I am a victim of a crime and suing now my attackers. I want to call the Marsy’s law if I had to. What can I do to make them lay? I was sent home today because of this

James L. Arrasmith
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answered on Mar 20, 2024

In California, if you are entitled to shared tips as per the restaurant's policy, and you have not received them, you have the right to demand these wages. Document all instances where you were supposed to receive tips but did not, including dates and amounts if possible. You should first... View More

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