Irvine, CA asked in Employment Discrimination for California

Q: I am a white male and worked for a top financial company in Orange County, CA. Until last night, for just under 90 days

I am a white male and worked for a top financial company in Orange County, CA. Until last night, for just under 90 days. Last month I won a prize for top production. I brought my black girl friend to a company party and I was fired for production two weeks later... Do I have a case? Our staff and managers are predominantly white in Irvine, CA.

Related Topics:
2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Employment Law Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: One way to find out is to file a claim of discrimination with the California Department of Fair Employment and Housing. They will do an investigation for you. Go to their website: https://www.dfeh.ca.gov/ Copy and paste the link in your browser, then click on the link File a Complaint and read the instructions and follow the directions.

The close proximity between events may be evidence of their intent to discriminate against you because of your girlfriend.

And don't forget to file your unemployment claim. The employer's only defense to that claim is wilful misconduct on your part. Be sure to get your unemployment benefits.

Good luck with your claims.

Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: There mere fact one thing occurred after the other can be circumstantial evidence of unlawful discrimination, but more will probably need to proved. You will have the burden to prove the unlawful motive as the reason for your termination. The fact that you were a production star not long ago and are now terminated for production reasons can also be evidence of what we call a pretextual termination, i.e., termination for a reason other than for the stated reason. Pretext is often indicative of a motive they do not want you to know about.

I think your best move is to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

You could go the the DFEH but that entity rarely investigates cases as thoroughly as a motivated attorney would do and that entity rarely procures the same kind of results a qualified attorney can get for you. At the very least talk to an attorney to understand your options.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.