Long Beach, CA asked in Employment Law and Employment Discrimination for California

Q: Employment Law

I have been put on a paid investigation leave by our HR caused by alleged concerns of some of my co-workers against me. I believe my own department director and manager are behind all this as it is me who have been suffering for years of retaliation, bullying, racial and sexual discrimination, favoritism, abuse of authority perpetrated by my mexican director & especially our white obviously racist manager who retaliated against me for my bullying complaints against their pet colleagues of mine. I have noticed that a lot of my colleagues who they dont like or those who complain against their policies gets fired or let go. I have evidences to substantiate my claim. I am the only Asian on my shift in this predominantly mexican/hispanic/black department of mine and we are only a handful of asians in this white/mexican/hispanic/black dominated company. Is it right that i was put on an investigation leave without telling me the exact nature of charges against me and who my accusers are? T.Y.

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

A: There is a lot in your post. I will try to break it down.

First, an employer has no duty to inform you of the reason for placing you on administrative leave, paid or unpaid. Unless you are in a union environment that has such protections, you can be put on administrative leave at any time and for any reason or even no reason at all.

Second, bullying, abuse of authority, and favoritism are not unlawful in a workplace unless you can prove that such conduct is being directed at you because you are a member of a protected class of people or because you engaged in legally protected conduct.

Third, while mere numbers will not prove racial discrimination, it can be one factor in an analysis of all the facts that can be used as an element of proof. Far more persuasive are words that indicate a dislike of your protected class, especially from those who control the decisions being made that you wish to complain about.

Fourth, retaliation is not unlawful in the workplace unless you can establish the reason for the retaliation is you engaging in legally protected conduct.

It would be wise for you 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, 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 cost consultation in the beginning and then, if the matter has merit and value, will usually agree to 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.

Good luck to you.

Brad S Kane agrees with this answer

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