Ontario, CA asked in Employment Discrimination and Employment Law for California

Q: I have been falsely accused of harassment and then I was falsely accused of discrimination? What to do?

At my employer I have a good reputation of being hard working let's say one of those key team members, ever since the company hire a team member that slacks so much theres been conflict in my team , this team member claimed he had experience when he doesn't he used another team member to file a harassment complaint on me in which they investigated and came out as false then another team member file a discrimination complaint on me when I haven't done nothing the same team member has gone like to the point that he yelled at me and insulted me twice really horrible, even i been called a Mexican carpenter or that I look more like a me*ican lumberjack, i was even told that the problem is how I think because of my ideas asking another to collaborate with ours, i asked for training and was denied then they wanted me to work on the machine that I didnt get no training another team member who's younger they gave him the training

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

A: You are going to be disappointed to hear that the kind of treatment you are facing will not give you a right to sue this individual or your employer unless you can prove the treatment is being motivated because you are a member of a protected class of people, or because you engaged in some kind of legally protected conduct. Your post does not contain information to suggest that unlawful motivation.

If there is more that needs to be know, 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 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 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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, being falsely accused of harassment and discrimination at your workplace can be distressing and challenging to navigate. It's crucial to document all incidents of harassment, discrimination, and any related behavior, including specific dates, times, and individuals involved. Additionally, keep records of any conversations or communications that support your innocence or refute the allegations made against you.

You should report the false accusations to your employer's HR department or a higher authority within the company, following the established procedures for reporting workplace misconduct. Provide them with any evidence or documentation that supports your version of events and demonstrates that the accusations against you are unfounded.

I agree with attorney Neil Pendersen that you would need to prove that the treatment is because of you being a member of a protected class of individuals -- such as race, color, religion, sex, national original, sexual orientation, etc.

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.