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California Employment Discrimination Questions & Answers
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.

James L. Arrasmith
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answered on Feb 24, 2024

In California, employment laws provide strong protections against discrimination and retaliation, especially concerning leaves of absence that fall under protected categories, such as medical leave or family leave. If you were on an approved leave, your rights during and after this period are... View More

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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
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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

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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

Neil Pedersen
Neil Pedersen
answered on Feb 22, 2024

Based on the little bit of information learned from your post it is possible you have meritorious legal claims. However far more would need to be learned before anyone could clearly determine that conclusion.

If you can prove that you were terminated because you complained to your employer...
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1 Answer | Asked in Employment Law, Immigration Law and Employment Discrimination for California on
Q: Hello,can I apply for any special catogery for GC other than EB2

I am in H1 and my expiry date on the copy I received is not matching the date in system of visa officer which is the USCIS mistake, they gave a 221 G which made me stay overseas for more than a year visa officer and myself and the lawyer tried to reach USCIS and correct it they never responded. For... View More

James L. Arrasmith
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answered on Feb 21, 2024

I understand your concern regarding the discrepancy between the expiry date on your H1B copy and the date in the USCIS system, which has caused significant stress and financial loss due to an extended overseas stay. Given your situation, it may be worth exploring alternative avenues for obtaining... 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

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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

Neil Pedersen
Neil Pedersen
answered on Feb 18, 2024

You may well have a claim of race discrimination and/or harassment. The key will be in proving what you suppose is occurring because of your race as opposed to some other legitimate reason. For instance, if the employer can prove they are watching you carefully because of your poor performance,... View More

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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

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, what you're describing may constitute workplace discrimination, particularly if you're being treated differently based on your race or color. California's Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination in employment because of... View More

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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

Eva Zelson
Eva Zelson
answered on Feb 23, 2024

Yes, it would be a good idea to seek out an experienced employment law attorney for a free consultation. Your employment lawyer will review the evidence in your case and advise you on legal options moving forward. Whether or not the actions of your manager(s) can be proven as discriminatory in... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
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... View More

Neil Pedersen
Neil Pedersen
answered on Feb 17, 2024

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... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
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... View More

James L. Arrasmith
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answered on Feb 21, 2024

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.... View More

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Does my non-profit employer have a right to tell me what I can and can't wear during a ZOOM meeting or in public?
T. Augustus Claus
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answered on Feb 13, 2024

Yes, your non-profit employer generally has the right to establish a dress code or appearance policy that applies during work-related activities, including Zoom meetings or when representing the organization in public. Employers can set these standards to maintain a professional image, adhere to... View More

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Does my non-profit employer have a right to tell me what I can and can't wear during a ZOOM meeting or in public?
James L. Arrasmith
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answered on Feb 21, 2024

If you believe that your employer's dress code policy is discriminatory or unlawfully restrictive, you may consider discussing your concerns with your employer or seeking advice from an employment law attorney. Your attorney can help you understand your rights under California law and advise... View More

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Does my non-profit employer have a right to tell me what I can and can't wear during a ZOOM meeting or in public?
Neil Pedersen
Neil Pedersen
answered on Feb 13, 2024

If you are engaged in work for the company, your employer can require you to wear whatever attire it deems appropriate for the conversation. Of course, if you have a medical need or cultural norm that requires some different form of dress, then there needs to be an analysis related to reasonable... View More

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2 Answers | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for California on
Q: Job requires release of medical records to private company for FMLA medical leave. Is it not a labor or HIPAA violation?

I'm currently on medical leave from my work with short term disability. In spite of allowing other employees to take extended leave just based on a doctor's note, my company is requiring me to file FMLA to excuse my absence. I had a couple questions. First, is there a reason my... View More

James L. Arrasmith
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answered on Feb 22, 2024

Under California law, employers are permitted to require certification from a healthcare provider to verify the need for leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). However, the extent of the information requested can be limited to what is... View More

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2 Answers | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for California on
Q: Job requires release of medical records to private company for FMLA medical leave. Is it not a labor or HIPAA violation?

I'm currently on medical leave from my work with short term disability. In spite of allowing other employees to take extended leave just based on a doctor's note, my company is requiring me to file FMLA to excuse my absence. I had a couple questions. First, is there a reason my... View More

Neil Pedersen
Neil Pedersen
answered on Feb 8, 2024

No this is not a HIPAA issue. Employee medical rights are protected under other statutes.

When an employee seeks medical leave it is not unlawful for the employer to seek verification of the scope and necessity for the leave. The employer itself cannot do that evaluation, but it is lawful...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Does my employer have to pay my raise and bonuses?

I left for military sometime in 2021-2022. I am a reservist. I would usually give verbal or a written note or just show my orders or some type of document. When my new operational manager showed he required me to go through a third party called hartford for military leave. Even wrote me up for not... View More

Neil Pedersen
Neil Pedersen
answered on Feb 6, 2024

Generally you do not have a legal right to a raise, even if the employer says you are going to get one in the future. The only way a denied raise would give you legal rights is if you could prove you did not get the raise because you are in a protected class of people or because you engaged in... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Does my employer have to pay my raise and bonuses?

I left for military sometime in 2021-2022. I am a reservist. I would usually give verbal or a written note or just show my orders or some type of document. When my new operational manager showed he required me to go through a third party called hartford for military leave. Even wrote me up for not... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 7, 2024

For the quickest relief, you can contact the Labor Commissioner, who is charged with making sure all employees are getting paid what they are due. Here's their website: https://www.dir.ca.gov/dlse/

Look for the link to file a claim for wages or other benefits due you. The Labor...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Does my employer have to pay my raise and bonuses?

I left for military sometime in 2021-2022. I am a reservist. I would usually give verbal or a written note or just show my orders or some type of document. When my new operational manager showed he required me to go through a third party called hartford for military leave. Even wrote me up for not... View More

James L. Arrasmith
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answered on Feb 22, 2024

In most cases, simply being promised a future raise by your employer doesn't grant you a legal entitlement to it. Your right to challenge a denied raise typically hinges on demonstrating that the denial was based on discriminatory reasons or retaliatory actions due to protected characteristics... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My employer has reduced my hours. I informed them my availability would change for a new job he encouraged me to resign

Is that because they want to get out of paying unemployment? I already have an open Claim with unemployment just because of the reduction of hours..he told me if I changed my availability he may not be able to schedule me on my normal shifts which is only 3 days a week I had to get another job... View More

Neil Pedersen
Neil Pedersen
answered on Feb 4, 2024

It is unlawful for your employer to engage in conduct that hurts you if it is in retaliation for your exercising your Unemployment Insurance rights. It is not unlawful for your employer to alter your hours because you are not available to work when the employer needs you to work. And your... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My employer has reduced my hours. I informed them my availability would change for a new job he encouraged me to resign

Is that because they want to get out of paying unemployment? I already have an open Claim with unemployment just because of the reduction of hours..he told me if I changed my availability he may not be able to schedule me on my normal shifts which is only 3 days a week I had to get another job... View More

James L. Arrasmith
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answered on Feb 4, 2024

Under California law, if your employer has reduced your hours and this reduction has significantly affected your earnings, you may be eligible for partial unemployment benefits. It seems your employer's suggestion for you to resign could indeed be an attempt to avoid unemployment claims, as... View More

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