Lawyers, Answer Questions  & Get Points Log In
California Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Law, Business Law, Employment Discrimination and Legal Malpractice 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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....
View More

View More Answers

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: I don’t know who can assist me with my ongoing issues … that begun after I file an labor claim

- [ ] constant harassment, placing of the voice recorders on all areas of the property (including the vehicles), entering into my living quoters and taking without my knowledge my SS card and other very important documentation, accessing my living quarters without my knowledge or permission in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

In California, the issues you are describing raise serious legal concerns including harassment, theft, fraud, and defamation, among others. You have the right to seek legal recourse, and there are multiple avenues available for you to address these violations. Reporting these incidents to the... View More

4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What can I do about racial comments from my manager at work

I have brought it to the attention of the owners but nothing has been done and the comments continue

Maya L. Serkova
Maya L. Serkova
answered on Mar 18, 2024

You need to inform your employer, preferably in writing. Your employer then has a duty to prevent discrimination and harassment at the work place.

If still nothing is done and the racial comments continue after you have informed your employer, it means your employer may be failing to meet...
View More

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: If a staff was forcibly placed on Admin Leave not due to an active investigation. Can they tell others it was forced?

The staff has been asked by others - “was this leave your choice?” And because the staff was instructed to tell no one even though they are not under investigation.. can they break this request and tell people the truth without retaliation

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024

In California, while there are protections for employees regarding free speech and privacy, this situation is complex because it involves workplace directives and potential confidentiality. If you've been placed on administrative leave and instructed not to discuss the circumstances, this... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: My Boss told me today He isn't giving me work Lately Because, "I Don't use my eyeballs".

He Has Been Reducing Hours for months saying they are just slow and then randomly said today I'm not detailed enough for making a simple mistake that was fixed. To Me I feel he is trying to make me quit because they can't find a reason. Is this in any way legal? or not? I feel he's... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2024

Your boss's behavior and comments are concerning, but they are likely NOT engaging in unfair or discriminatory practices. California is an at-will employment state, meaning that employers can generally terminate employees for any reason, as long as it is not illegal (e.g., discrimination or... View More

2 Answers | Asked in Employment Discrimination for California on
Q: I believe I'm being discriminated against for being gay.

My company pays our 2 brand new managers, at least one of whom has the same industry experience I have, $10K more than me, annually. Both managers are heterosexual, and live in a cheaper market. I am openly gay and have been at my company for almost 8 years. Now that my comp increase is due,... View More

Neil Pedersen
Neil Pedersen
answered on Mar 12, 2024

Being treated differently because you are gay is a violation of California and federal law. However the mere status you being gay and the counterparts being straight may not be enough to prove what you need. The trick will be proving that your sexual preference is the reason for the difference in... View More

View More Answers

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: What if employer doesn’t pay settlement agreement

If they don’t pay would it be easy to collect payment?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024

If your employer fails to pay the settlement agreement as specified, under California law, you have legal recourse to enforce the agreement. The first step would be to notify your attorney about the non-payment. Your attorney can then take action by possibly filing a motion to enforce the... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I file a hostile work environment law suit against my employer?

I work as a Security Officer and lately my supervisors had created a hostile work environment against me, one supervisor scream at me for my length of my hair, the other called me over the phone yelling that my shift started at 1 pm when I was just entering to the property and now I got suspended... View More

Neil Pedersen
Neil Pedersen
answered on Mar 4, 2024

Unfortunately the term "hostile work environment" does not have the legal meaning you think it does. A hostile work environment as most people would understand that phrase is not the same as the law sees a hostile work environment. To be an illegal condition in the workplace, you would... View More

View More Answers

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can a company install a negative annual performance review for former employee after employee already left company?

I am an engineer, 57 years old, worked for a subsidiary of a China company in California for 1 year and 8 months. I was suddenly laid off. Company told me that it is a workforce reduction due to position elimination. Then we started discussing about the severance.

At 02/22, I met them... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024

In California, employment law generally favors at-will employment, meaning that both the employer and the employee have the freedom to terminate the employment relationship at any time, for any reason, as long as the reason is not illegal. However, the situation you described raises questions about... View More

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: What rights do intermittent employees have when filing a discrimination complaint in the workplace to HR?

I was a CSU union employee for 7yrs and I wasn't informed until January 3, 2024 that my contract was terminated on June 30, 2023. I was employed under a temp status and my contract was renewed each year based on work performance, except for 2020 due to being laid off during the pandemic. I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

Under California law, the rights to file a discrimination or retaliation complaint do not solely depend on the employment status, whether you are a permanent or intermittent (temporary) employee. The California Fair Employment and Housing Act (FEHA) prohibits discrimination, harassment, and... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: Why do employment lawyers not take any cases until you are terminated?

I experienced retaliation, discrimination, after disclosing my disability.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

In California, employment lawyers may wait for a termination to occur before taking a case for several reasons, related to both strategy and legal practicality. Firstly, termination provides a clear and definitive action that can be challenged legally, often creating a stronger case for wrongful... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for California on
Q: What can you do in a situation when a manger showed favoritism and another supervisor said you was rehire able

The reason I believe that this happen to me because I was informed by the highest in charge over one before Keith hosking that I was rehireable after he left the store and it was not going against me that he did not put anything in the computer that would make not rehireable my father was there... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

In California, dealing with workplace issues like favoritism or being unfairly marked as non-rehireable can be challenging, but there are steps you can take to address the situation. First, it's essential to document all interactions related to your employment status, including conversations... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: What rights do intermittent employees have when filing a discrimination complaint in the workplace to HR?

I was a CSU union employee for 7yrs and I wasn't informed until January 3, 2024 that my contract was terminated on June 30, 2023. I worked in the production department as a stage technician for the campus performing arts center. I was employed under a temp status and my contract was renewed... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

Under California law, all employees, regardless of their employment status—whether permanent, temporary, or intermittent—have the right to file a complaint about discrimination in the workplace. This right extends to filing a retaliation claim if you believe you were terminated as a consequence... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for California on
Q: If a medical clinic (PA) falsified information on my medical physical exam, can I sue?

I was in the process of getting hired to a company, however I needed to take the Dot/physical exam and medical exam. The Physician Assistant who examined did not do a thorough exam, which in turned cost me a career. The PA explained to me that I didn’t pass due to my past medical history which... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024

Under California law, if you believe a medical clinic or a healthcare provider has falsified information on your medical examination, you may have grounds to sue for damages, especially if this action has directly impacted your employment opportunities. Falsification of medical records is a serious... View More

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: What's a mutual dispute resolution agreement ? My employer hasn't talked to me , about this I just found it on the app7:

Whats is it? Should I sign , my employer hasn't told me anything to communicate with me r

. I open the ADP app and they se t me this trip there,

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

A mutual dispute resolution agreement is a contract between an employer and an employee that outlines how disputes will be resolved outside of court, often through arbitration or mediation. This kind of agreement typically aims to provide a quicker, less formal, and often less costly resolution to... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Do I have a case for discrimination/retaliation at work?

Upon returning from an approved leave of absence, I have been asked directly about the reason for my leave by my supervisor, there's been implications as to why I was on leave due to issues that arose in my absence and I am now being reassigned work.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

It's illegal in California to discriminate against employees based on protected characteristics, including medical conditions, and to retaliate for taking approved leave. Being asked directly about your leave's reason and facing implications based on assumptions about your absence could... View More

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is this retaliation, whistle-blower and defamation of character? I filed complaints against my employer and then I was

Accused of something I didn't do and terminated. This jeopardizes my chances of future employment with the city. Some of the complaints I filed were unfavorable and unsafe work conditions, hostile work environment, not receiving ppe or training, being harassed about taking my lunch at a set... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

In California, whistleblower protections are designed to safeguard employees who report illegal or unsafe work conditions from retaliation by their employer. If you filed complaints regarding unfavorable and unsafe work conditions, harassment, and other issues related to your employment and were... View More

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Letter saying do not submit requested documents bc plaintiff is motion of squash.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

What is your question? Unfortunately, it is difficult to answer this without a more defined question. Considering the complexity of legal matters involved, it would be prudent to consult with an attorney regarding the situation. An attorney can provide guidance tailored to your specific... View More

4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I believe I’m being discriminated against by my manager at work. Should I seek legal help?

I am the only black employee at the company and am being excessively surveilled/scrutinized by my manager. We work remotely, but she’s constantly monitoring my work & and does not do this to other white employees in my dept. I have never missed a deadline or been late on a project. I have... View More

Brad S Kane
Brad S Kane
answered on Feb 18, 2024

While discrimination cases are very fact specific, the difference in treatment of black and non-black employees does appear motivated by racial discrimination based on the facts presented. However, this is a public board, not protected by the attorney client privilege. You should seek a... View More

View More Answers

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.