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California Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I've faced harassment and discrimination at my job within Lynwood Unified School District. I was demoted despite having a plumber's degree and am refused plumber classification.

I have been an employee of the Lynwood Unified School District for 28 years. Over the last four years, I have experienced harassment and discrimination at my job. About five years ago, I was working in the plumbing shop, handling irrigation and plumbing tasks. I was demoted due to not having a high... View More

Neil Pedersen
Neil Pedersen
answered on Mar 22, 2025

Far more needs to be known to determine if the employer has violated the law. Your post contains no information that the harassment you have experienced was based on your membership in a protected class of people or because you engaged in some kind of legally protected conduct. Absent those two... View More

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2 Answers | Asked in Employment Law, Employment Discrimination and Civil Rights for California on
Q: Do I have a case for wrongful termination or disability discrimination in CA?

I was terminated from my job in California for allegedly not following procedures. I've dealt with a disability at work for nearly five years, and my employer was aware of it. The building's elevator often broke, requiring me to use the stairs to leave from the 4th floor despite being... View More

Neil Pedersen
Neil Pedersen
answered on Mar 18, 2025

Far more would need to be known about your situation before it can be determined that the employer acted unlawfully. For instance, was there a reasonable accommodation that would have allowed you to continue to perform all of the essential functions of your job without creating an undue hardship on... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What to do about HR dismissing my protected class concerns and reducing work hours?

I have been experiencing issues at work related to my protected class status. Today, HR admitted over a phone call that they would discuss the matter with me only over the phone. In summary, they told me to let go of past incidents where I was attacked for being a part of a protected class. Despite... View More

Brad S Kane
Brad S Kane
answered on Mar 3, 2025

First, if HR is not willing to communicate about your complaint in writing that is a huge red flag.

Second, the reduction in your hours is already an adverse employment action, so it appears that your employer is asking you to accept the discrimination that has already occurred....
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What to do about HR dismissing my protected class concerns and reducing work hours?

I have been experiencing issues at work related to my protected class status. Today, HR admitted over a phone call that they would discuss the matter with me only over the phone. In summary, they told me to let go of past incidents where I was attacked for being a part of a protected class. Despite... View More

Maya L. Serkova
Maya L. Serkova
answered on Mar 3, 2025

I agree with my colleague's response that your employer's conduct is not entirely lawful here. At this point, I suggest you consult an employment law attorney for a more individualize assessment of your case, who will further examine your situation and explain your options. Most... View More

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2 Answers | Asked in Employment Discrimination, Arbitration / Mediation Law and Employment Law for California on
Q: Denied promotion due to potential favoritism and discrimination; exploring options under arbitration agreement.

I have been working as a supervisor at a health corporate for 9 years. Despite consistently receiving high appraisals (3/3 every year) and effectively managing work with our 50 hospitals, I am being denied promotion. My peers have been promoted to Manager positions, but I have not received a... View More

Brad S Kane
Brad S Kane
answered on Feb 28, 2025

Your next steps should be to prepare a chronology of events supported by documentary evidence.

Next, you should review it with a lawyer to confirm you have enough evidence to establish a good faith claim, then you prepare a complaint to HR about the discrimination - hopefully reviewed by a...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Is denial of ADA accommodation for anxiety legal?

I suffer from chronic anxiety and high blood pressure, and I've been diagnosed by a physician. I'm on blood pressure medications and beta blockers for these conditions. My employer previously granted a workplace accommodation allowing me not to report to our Oakland office, as this... View More

Neil Pedersen
Neil Pedersen
answered on Feb 19, 2025

The answer to your question requires far more information than your post provides. You need to locate and consult with an employment law attorney to get the kind of advice you seek. It may be the employer is violating your rights, but it is also possible that you have not done enough to put the... View More

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2 Answers | Asked in Employment Law, Civil Rights, Education Law and Employment Discrimination for California on
Q: Do I need to tell my HR manager at my new job about my criminal background 24 years ago.

The position is for the School district food service worker supervisor classified position. This is in California . It sounds worse than it was, and it was 24 years ago. My no contest, was changed to a not guilty, and was expunged after I completed my community service. I want to be honest with... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 10, 2025

The short answer is no, you do not have to report a crime, which was expunged about 24 years ago, to your employer.

Keep that to yourself, and good luck with your new job.

I'm sure you already knew the answer, but needed confirmation from someone with expertise. While I'm...
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3 Answers | Asked in Contracts, Employment Law and Employment Discrimination for California on
Q: WFH compny holds legal benefits till after 90 days to employee. Claims it's legal. Deposits cash only to his acct.

Company claims actions legal on workers benefits. Holds benefits till after 90 days of starting training and working. Only asks for employees Federal I.d. and valid bank account to deposit cash payments once a week. And holds 1 week back after employee starts to work. When asked about contract they... View More

Brad S Kane
Brad S Kane
answered on Jan 30, 2025

Bathroom breaks do not count toward your 10 min rest break every 4 hours. The employer is required to provide paystubs showing your hours and earnings. The employer is required to reimburse for all necessary business expenses including electricity and internet if you are working remotely from the... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Is my employer required to put me back on the schedule after my Fmla runs out? If they don't can I be terminated.

Im not ready to go back yet, and we have a daily online schedule check and im still not scheduled so could they terminate me if they don't schedule me or contact me on return?

Louis George Fazzi
Louis George Fazzi
answered on Jan 22, 2025

The answer to your question depends on whether your physician has continued you on disability. That is a matter between you and your doctor. You should discuss this with your doctor to see if your doctor will continue your disability status and, if so, if she can provide you the necessary off work... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: If a Costco employee that has a worker’s compensation claim is sent home without pay because they don’t want to accommod

They won’t accommodate, is that considered termination? Her workers compensation attorney advised her to seek a labor attorney

Neil Pedersen
Neil Pedersen
answered on Dec 23, 2024

It is not as simple as your question suggests. An employer has a duty to reasonably accommodate an injured or disabled employee if there is a way to do so such that the employee can continue to perform the essential functions of the job without violating the restrictions and in a way that does not... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My employer consistently pays us late and our payroll checks BOUNCE every paycheck. I was just suspended for picking up

…My check on payday. Management was out of town, couldn’t reach anyone so I picked up the checks, we still can’t cash them 4 days later and now I’m suspended for a week because per usual “there was no money in the account”. I have An obvious case right?

Brad S Kane
Brad S Kane
answered on Dec 8, 2024

Since you were subjected to discipline, a suspension, for picking your paycheck on payday, you likely have a claim for illegal retaliation for seeking your timely payment of your wages. Your employer is not allowed to delay payment based upon case flow.

Since your employer is consistently...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My employer consistently pays us late and our payroll checks BOUNCE every paycheck. I was just suspended for picking up

…My check on payday. Management was out of town, couldn’t reach anyone so I picked up the checks, we still can’t cash them 4 days later and now I’m suspended for a week because per usual “there was no money in the account”. I have An obvious case right?

Neil Pedersen
Neil Pedersen
answered on Dec 9, 2024

I am going to disagree slightly with my colleagues here. If you did not have permission to take the paychecks and took them anyway, that could well be a terminatable offense. However, you and your co-workers would have meritorious claims for violation of the Labor Code for the many late and NSF... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My neighbor got fired for not going to work for 3 days but he had a doctor's note so is there anything he can do
Brad S Kane
Brad S Kane
answered on Nov 23, 2024

The first question is whether the employee communicated with his employer about his absence. If the illness was so severe and unexpected that it prevented communication, then the failure to notify the employer could be excused.

In California, if your employer has at least 5 employees, then...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I was fired from walmart in Feb.2024 I feel I was terminated wrongly I know CA right to terminate I feel I was targeted

My final reason for termination was Job performance with the explanation of I left my shift early and did not tell anyone and that I was warned before. Yes I left my shift early did I tell anyone yes and I wrote on our Teaming schedule that I was leaving early like all others do and never get into... View More

Neil Pedersen
Neil Pedersen
answered on Nov 20, 2024

In California you are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with your employer. The employer of an at will employer can terminate the employee at any time and for any reason or even no reason at all. Terminating you for... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer force me to go on disability if they refuse my accommodations request? Do I have grounds to fight back?

I work for a multi-billion dollar, global corporation in a manufacturing facility. I was recently diagnosed with ALS and have been working from home for several months. I made a formal accommodations request for a wheelchair accessible workspace and a hybrid work schedule (2 days in office/2 days... View More

Neil Pedersen
Neil Pedersen
answered on Nov 18, 2024

Far more needs to be known about your situation before an attorney can confirm whether you are being treated unlawfully. However there are indications in your post that the employer may be violating the Fair Employment and Housing Act. For instance, you do not post about what restrictions you have... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Q: I filed retaliation termination and I got workers comp

I wanted to ask if I can still file on the retaliation cuz I was treated wrong snd I hurt myself as well but I got settlement for my injury so can I file for the retaliation still!

Neil Pedersen
Neil Pedersen
answered on Nov 9, 2024

The answer to your question will require an attorney to look at the settlement agreement in the workers compensation matter. If the scope of the workers compensation settlement was written too broadly, you might have signed away your rights to sue for unlawful retaliation. You need to locate and... View More

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3 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: I filed a claim for retaliation termination and I received works como but nothing on the wrongful termination

I just want to know if I’m suppose to file separately?

Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2024

You most likely have two distinct and separate cases, the first being the worker's compensation claim, and the second which is a civil rights claim that has to be filed within strict deadlines, called the statute of limitations, or you could end up waiving and giving up your civil rights... View More

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3 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: I filed a claim for retaliation termination and I received works como but nothing on the wrongful termination

I just want to know if I’m suppose to file separately?

Neil Pedersen
Neil Pedersen
answered on Nov 9, 2024

You say you filed a claim for retaliatory termination. However you do not indicate how or where you did such a filing. It is critically important that you immediately locate and consult with an employment law attorney with whom you can share much more detail. Depending on where you filed your... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is my former employer retaliation fair?

So I filed a wage claim about a year ago now after I left my job after 2 years which I did get a settlement for it. My former employer works with 2 different temp agencies, fast forward to this year I wanted to try and go back to work for that company. I went through the other neighboring temp... View More

Neil Pedersen
Neil Pedersen
answered on Oct 29, 2024

If you could prove that you have not been rehired because you made a wage claim, there may be a viable unlawful failure to hire case. However, more needs to be known. For instance when you settled the prior case if it was some time ago it was common for companies to include a no re-hire provision... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Should I file a Whistleblower Complaint with OSHA.

I work for a non-profit organization and my Executive Director suffers with her mental health in ways that have created an extremely unhealthy work environment. The negative work culture has become so toxic that my coworker started to talk with me about how bad things are. This made my Executive... View More

Neil Pedersen
Neil Pedersen
answered on Oct 24, 2024

This is not an OSHA issue. Your best first 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, or go to www.cela.org, the home page for the California... View More

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