California Employment Discrimination Questions & Answers

Q: I have question. I have wrongful termination and discrimination

1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for California on
Answered on Apr 18, 2019
Neil Pedersen's answer
I am sorry but your post is not very clear. I will try to provide some guidance.

An employee who is terminated (i.e., discriminated against) because of their membership in a protected class who worked in California has options about which law he or she wishes to use to enforce their rights. The federal Title VII laws are available as are the California Fair Employment and Housing Act (FEHA) laws. If do not need to use Title VII then it is usually far superior to use FEHA. If your...

Q: I work at walmart, and I was on medical leave for one year do to my disability. I am schizophrenic. And I have returned

1 Answer | Asked in Employment Discrimination for California on
Answered on Apr 15, 2019
Neil Pedersen's answer
Unfortunately it looks like your post was not complete. We therefore do not have your question. Generally know that being terminated while out on disability leave is not per se unlawful. However being terminated under such circumstances certainly raises several red flags of possible unlawful conduct by the employer. It would therefore 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...

Q: I was denied benefits from ui my employer claimed i was guilty of misconduct. I have one more appeal and i think i

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Answered on Apr 9, 2019
Neil Pedersen's answer
First, be sure to file your paperwork with the EDD regarding the denial of those benefits. There is a very short time limit to do so. Do not wait until you find an attorney to do that.

Second, it sounds like you are linking successfully appealing the UI benefits to making a claim for discrimination and wrongful termination. They are two separate things in two separate systems and one does not rely upon the other. In fact it is highly unlikely that a determination by the EDD would be...

Q: Work for LA Co Dept of Public Works. What kind of an attorney do I need for hostile work environment & FMLA.

1 Answer | Asked in Civil Litigation, Employment Discrimination, Employment Law and Civil Rights for California on
Answered on Apr 2, 2019
Neil Pedersen's answer
An employment law attorney familiar with the Fair Employment and Housing act, FMLA and litigating against public entities. Most experienced employment law attorneys will likely have competencies in those areas, but be sure to ask for that specifically. 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....

Q: If I get fired does the company I work for have to pay me for any accrued vacation

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Answered on Mar 16, 2019
Louis George Fazzi's answer
It seems from what you've said that you don't "earn" the vacation time until after you have worked for one year. This means that the vacation pay doesn't "accrue" until after you have been employed for one full year. In other words, the vacation pay only becomes "vested" (i.e. you have the right to it) once you have worked a full year.

I've seen many instances where an employee is terminated just prior to the vesting of their benefits. Some unscrupulous employers will make up reasons to...

Q: When should you be offered regular part time?

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Answered on Mar 15, 2019
Neil Pedersen's answer
Those labels are completely at the discretion of the employer. There is no law that requires an employer to make people regular or full time or part time, etc. The employer creates the categories for various reasons and the employer has the discretion to change those labels as well, as long as the employer is not engaging in unlawful discrimination by making such decisions based on your membership in a protected class of people or because you engaged in some form of legally-protected conduct....

Q: Can I sue my old employer for misconduct?

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Answered on Mar 12, 2019
Neil Pedersen's answer
You are going to have to take the documents you have and locate an intellectual property attorney to determine if you have any rights in this situation. That attorney will likely want to know your participation in the invention of the patented device or process. The claim would not be related to misconduct. Instead your claim will necessarily relate to whether you have any rights in the intellectual property represented by the patent.

Good luck to you.

Q: is special employer at fault for causing wrongful termination or is it the agency for not placing me elsewhere?

2 Answers | Asked in Employment Discrimination, Employment Law and Personal Injury for California on
Answered on Feb 22, 2019
Neil Pedersen's answer
The answer to your question will really depend on several things that are not included in your post. The law has several ways that an attorney can use to hold both the actual employer and the employer that controls the workplace conditions liable in many situations. The California law that prohibits unlawful discrimination in the workplace applies to both in many situations. The specific factual situation would have to be evaluated to tell you for sure.

If you believe you have been...

Q: Does a company in California have to post a job is open internally and interview for before hiring?

1 Answer | Asked in Employment Discrimination for California on
Answered on Feb 21, 2019
Neil Pedersen's answer
No. There is no law that requires that of a private employer. Government jobs and some union environments have such a requirement, but not private industry.

Good luck to you.

Q: Can I sue a company for a person handling my check and that person was no part of my work

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Answered on Feb 19, 2019
Louis George Fazzi's answer
Contact the Labor Commissioner and file a claim to get paid all of your pay. Here's the link:

https://www.dir.ca.gov/dlse/

Copy and paste the link in your browser, and follow the instructions to file a claim. Scroll down until you see the heading Workers, then click the link to file your wage claim.

The Labor Commissioner's job is to make sure all employees get paid their wages. Make sure you include all the facts you mentioned here, and provide details regarding the...

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

2 Answers | Asked in Employment Discrimination for California on
Answered on Feb 2, 2019
Louis George Fazzi's answer
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...

Q: I was told my dog died in the boarding family, and they refused to make compensation. Can I ask them pay for the loss?

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Employment Discrimination for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
If you bought the dog, then until you sold the dog to new owners, it can be argued that it was your responsibility to properly vaccinate the dog with the parvo virus and other relevant vaccines. It sounds like the owner and the in-laws were merely boarding the dog for you while you found a new owner. I hear no acceptance of liability by them in your stated facts, nor any contractual relationship that points to any liability by them. Did the sellers tell you that they had vaccinated the dog...

Q: death at work- heatstroke- handled as workman's comp-denying designated beneficiary payment 10K- told ineligible.

2 Answers | Asked in Workers' Compensation, Employment Discrimination and Wrongful Death for California on
Answered on Jan 26, 2019
Ronald Mahurin's answer
clarification of what? You say the deceased was your partner, but that may not qualify you for benefits. Hopefully your partner left something in writing saying that you are an heir. Otherwise, you may be forced to litigate the issue. Be advised that if there are no dependents entitled to payment, the Department of Industrial Relations receives the benefit.

Death benefits are payments to a spouse, children or other dependents if an employee dies from a work-related injury or illness....

Q: Quit on 2/19/18 because of retaliation (whistleblowing & workers comp) and gender discrimination. Is it too late to sue

3 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Answered on Jan 22, 2019
Ronald Mahurin's answer
It is too late to proceed with a discrimination claim before the WCAB, However, you can still file a claim for WC benefits. The civil statute is longer, so you should be able to proceed with a claim in the civil courts.

Q: Im having issuese with pay and placement with the security company called securitas in los angeles

3 Answers | Asked in Employment Discrimination, Employment Law, Securities Law and Workers' Compensation for California on
Answered on Jan 21, 2019
Ronald Mahurin's answer
Unfortunately this is not a workers comp question. I tried to find a way to flag the questions, but there were no options. You need to post in employment law. There is no remedy in workers comp. for what you have described.

Q: Can I ask for the list of questions that a lawyer will ask me in a deposition ahead of time to prepare my answers?

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
There is no legal right to have a list of such questions provided to you ahead of time, as they constitute the private writings of the opposing lawyer until they are asked of you; and the questions might not even be prepared or written down in advance by the opposing lawyer. It's best to have a lawyer of your own prepare you prior to the deposition and represent you at the deposition. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...

Q: Can I put on social media how I’m being treated for going on workmans comp and now having a disability at work

3 Answers | Asked in Employment Discrimination, Employment Law and Personal Injury for California on
Answered on Dec 26, 2018
William John Light's answer
This should be discussed with your workers compensation attorney. If you don't have one, you should get one. You might be entitled to penalties against your employer.

Q: My discrimination/retaliation complaint against my employer is under investigation; when should I obtain a lawyer?

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Answered on Dec 17, 2018
Louis George Fazzi's answer
You should immediately begin the selection process for a good lawyer or law firm which focuses on the representation of employees in discrimination and retaliation cases. There are numerous highly qualified firms out there very capable of representing you.

You don't mention, however, who is conducting the investigation. I hope the case is being investigated by the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC)....

Q: can your boss shut off your water and. electricity and laid you off worked.

1 Answer | Asked in Employment Discrimination for California on
Answered on Dec 12, 2018
Louis George Fazzi's answer
No. The manager cannot legally do that to you. You should talk to a competent employment lawyer as soon as you can. And you should file a claim with the California Department of Employment and Housing (DFEH) immediately. Plus you can go to the Labor Commissioner's website (https://www.dir.ca.gov/dlse/) to file a claim there as well. Act promptly to protect your rights!

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