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California Employment Discrimination Questions & 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
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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...
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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

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

First, you should also keep a written log of each comment by date, time, what was said and the circumstances, including where it happened and who was present. This information will be very important in any legal claim.

Second, you should make a written complaint about the racial comments...
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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

Neil Pedersen
Neil Pedersen
answered on Mar 18, 2024

In order for comments to become actionable race harassment, the comments have to be severe or pervasive. A couple of comments will likely not reach that threshold.

Nonetheless, once you report the conduct and comments to management, the company has an affirmative legal duty to take all...
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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
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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
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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

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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

James L. Arrasmith
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answered on Mar 12, 2024

Based on the information you provided, it appears that you may have a case for discrimination based on your sexual orientation. In California, the Fair Employment and Housing Act (FEHA) prohibits discrimination in employment based on various protected characteristics, including sexual orientation.... View More

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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
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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

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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

James L. Arrasmith
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answered on Mar 5, 2024

In California, the legal framework for addressing workplace disputes includes protections against a hostile work environment. This type of environment is typically one where actions, communication, or behaviors make it difficult for an employee to perform their work due to discrimination or... View More

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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
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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

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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

Neil Pedersen
Neil Pedersen
answered on Mar 2, 2024

There is nothing unlawful about an employer placing a negative performance review or other kind of negative paperwork into your file after you have left the company. The only way something like that would be potentially unlawful is if it was untruthful and it was motivated by your membership in a... View More

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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
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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
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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
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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
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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
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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
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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
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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

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