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California Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination for California on
Q: Is it legal for an employer to tell other employees they don't have to wear masks but I have to or be threatened
Neil Pedersen
Neil Pedersen answered on May 4, 2021

In California, employees are considered to be employed at will unless you have an agreement to the contrary about that status with the employer. The employer of an at will employee can change the terms and conditions of employment for any employee at any time and for any reason or even no reason... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Have a wrongful termination case. my last attorney and I had a "breakdown in communication"

He asked me to seek other counsel but wanted me to be the one to dismiss him. I believed, at the time, my case would be more appealing to other attorneys if they left me rather then me leaving them, on a contingent case.

I have not been able to find an attorney since. Now, I think I may... Read more »

Neil Pedersen
Neil Pedersen answered on May 3, 2021

Disrespectful no. However, it is always a red flag for an attorney looking at a case when the client had a prior attorney who no longer wanted to work with the client because of a communication breakdown. No attorney wants to take on a case that will turn into a nightmare where the client and... Read more »

2 Answers | Asked in Employment Discrimination, Employment Law and Contracts for California on
Q: I used to work for a flight school.My manager informed me that I could take flight lessons, build a balance & the owners

Would clear my balance for being an employee, just as I witnessed they did with other employees because this was one of the benefits working there. After a year of working there, I discovered my manager was stealing from the company so I informed the owners and they fired her. I stopped working... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 24, 2021

I suggest you do two things.

Consult with an attorney experienced in employment matters.

Contact the Labor Commissioner's office and ask for help getting your full pay and the benefits the employer promised you.

You can contact the Labor Commissioner's office by...
Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Employer is seeking a deposition for an incident that happen when I was a minor during my hiring process.

Do I need to disclose the report?

Louis George Fazzi
Louis George Fazzi answered on Apr 21, 2021

You really have not disclosed sufficient information to allow for meaningful advice. Whether you were a minor at the time is of little relevance now. If the employer wants to take your deposition, the only thing you need to know is to tell the truth. To do that, you have to listen carefully to each... Read more »

2 Answers | Asked in Employment Discrimination and Sexual Harassment for California on
Q: Ive complained about nothing being done about sexual harassment and am now being treated poorly by supervisors

I work at a school and have had multiple comments made to me by students. I have reported it all to my supervisor, and her supervisor as well. The students had no consequences. The counselor came in a did a presentation for a few students talking about what sexual harassment is. I met with both... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 13, 2021

You can contact the California Department of Fair Employment and Housing (DFEH) or the Federal government's Equal Opportunity Employment Commission (EEOC) and file a claim for sexual harassment. Here's the link to the DFEH: https://www.dfeh.ca.gov/ and here's the link to the EEOC:... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Can I sue my boss?

I currently work with a plastic surgeon and he’s belittles me Infront of patients and calls my stupid behind my back and he doesn’t give me a break, I don’t take break at work not only does he humiliate me but he constantly calls me for his personal problems to call his “girlfriend” to... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 9, 2021

It sounds like you work in a truly awful work environment. However, little you have noted is actually unlawful.

It is not unlawful for a boss to belittle, bully or talk about you behind your back. Similarly, it is not unlawful for a boss to require you to do things that are not related to...
Read more »

2 Answers | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for California on
Q: I was fired because i was pregnant, my lawyer wants me to settle for 100k. Should I?
Louis George Fazzi
Louis George Fazzi answered on Mar 14, 2021

That is a question you should discuss with your lawyer. You can ask him/her to give you a legal analysis in writing of all the reasons why this should be a good and reasonable offer, given the facts of your case. This is, of course, something you should have discussed with your attorney ahead of... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Are there any laws protecting temporary/contract employees in CA from false allegation and wrongful termination?

Im at my desk building a guide for the company procedures before my shift started. A fellow female full time employee was there in the area we shared at her desk which is at least 15 feet from mine. After finishing my notes I politely asked the employee if it would be a good idea if she myself and... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 13, 2021

I am sorry but the circumstances you report likely give you no protection from being disciplined or terminated.

In California you are considered to be employed at will unless there is an agreement to the contrary with your employer about that status. The employer of an at will employee has...
Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I feel that racial discrimination and favoritism of race has been going on in my company. What can I do?
Neil Pedersen
Neil Pedersen answered on Mar 9, 2021

The best first step is to have a consultation with an employment law attorney who can consider specifically what is happening and whether it is possible to correct the conduct and seek compensation. Therefore it would be wise for you to locate and consult with an experienced employment law... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: Can office job bosses require women to wear earrings to work?
Louis George Fazzi
Louis George Fazzi answered on Mar 8, 2021

It would help if you provided more information. It seems you have asked at least 4 similar questions along the same lines. But you don't offer any details about the nature of the work, the kind of company where the work is, or other context for how this issue arose. Most lawyers like to know... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: Are office job bosses allowed to require women to wear sandals, flats, or only footwear not fully covering the foot?
Louis George Fazzi
Louis George Fazzi answered on Mar 8, 2021

That depends: on the nature of your work/job, the purpose of the requirement, what men in similar jobs are required to do, etc. What documentary evidence do you have for such a requirement? Take a good look at that, and perhaps go to your human resources department, if you have one. I'm having... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: Can office job boss refuse hiring a woman wearing dressy shoes covering the whole foot, not partially, to an interview?
Neil Pedersen
Neil Pedersen answered on Mar 8, 2021

It depends. An employer cannot treat one gender different than another in the selection of candidate to become employees. If you can prove the dressy shoes covering the whole foot is uniquely related to being a woman, then you might have a claim.

Good luck to you.

2 Answers | Asked in Employment Discrimination for California on
Q: Hi my lawyerI worked a three days part time jobs, the company does not want to pay me, what should I do.

Hi my lawyer

I worked a three days part time jobs, the company does not want to pay me, what should I do.

During the day I am working, not available to answer any call.

Please answer /reply to me at the following email address

It will be a highly appreciated.

All the best

Louis George Fazzi
Louis George Fazzi answered on Mar 3, 2021

What you describe is called wage theft. You can hold the employer responsible by filing a wage claim with the California Labor Commissioner's office. The website to do that is here: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

Copy and paste this link in your browser and go to...
Read more »

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2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: How do I go about getting my restrictions changed by an AME now that I have completed my the

How do I go about getting my restrictions changed by an AME now that I have completed my therapy and him requesting me to return after the therapy and medical test were completed.

Nancy J. Wallace
Nancy J. Wallace answered on Mar 2, 2021

AMEs are ONLY for people with a lawyer, so if this doctor is truly an Agreed Medical Evaluator, YOU have a lawyer! So tell your lawyer to schedule the final re-evaluation with the AME ASAP. THAT's why you are paying your lawyer 15% of your recovery!

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3 Answers | Asked in Employment Discrimination and Sexual Harassment for California on
Q: I need to know how to get my last check from my previous employer. And if I have a sexual harassment case.

He asked me if he could be my sugar daddy and when I said no he started to get disrespectful and we started arguing all the time. He fired me last Thursday and is refusing to give me my check when he I’m assuming should have given it to me by law Friday?

Neil Pedersen
Neil Pedersen answered on Feb 26, 2021

When you are fired, you must be provided with a final check reflecting all of your wages owed plus any accrued vacation pay that same day. A willful failure to do so mean you are entitled to Waiting Time Penalties equal to one day of pay for each day you are made to wait for that final check, up... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I injured my back at work, and missed 5 days. Is my boss at fault for not reading my doctors orders?

In retail,was switched to a new position due to downsizing, I had done this position 15 yrs. ago, but injured my back stocking heavy liquids. I couldn't stand for 5 days, then saw my doctor. I was given a note that stated I was to be on lite duty for 30 days or if not followed, would be... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 6, 2021

An employer is allowed to appoint a third party to administer leaves and return to work efforts. Sedgewick is just such a company. If you failed to turn the return to work note into Sedgewick when requested, the problem may be yours. If you did turn in the return to work documents from your... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I have a question on employers using Megan’s law website for employment purposes What case law would cover this area.

Offered a job, background check done, criminal history was clear as its past 7 years, but listed on registry. Company now trying to prevent me from getting the job. this is in California

Neil Pedersen
Neil Pedersen answered on Feb 4, 2021

First, it seems you are operating under an assumption that an employer is limited to looking only seven years into your past. That is not accurate. An employer can go back a whole lifetime to research a prospective employee. The 7-year limitation is for commercial background searches only.... Read more »

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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I quit my job with an employer because i was harrased everyday about my vegetarian diet but i never told anybody it was

Personal religious dietary choice as a follower of buddhism. I never really much spoke up to the people harrassing me or my employer about the harrasment and why that was the reason i really stopped working there, was this wrong of me to do and was it legal even if i did not speak up about the... Read more »

William John Light
William John Light answered on Feb 3, 2021

If you don't speak up, your employer has no way of knowing that it should protect you from religious discrimination. Unless the person harassing you was a corporate officer or managing agent, you do not have a case.

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3 Answers | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: Do I have a case if my old boss forcefully interrogated every employee to talk about what they think of me?

I sent my boss an email about the hostile environment she was creating. I told her my concerns, but she attacked me and said I was judging her. I also sent a separate email to my coworkers, after quitting, informing them about the situation and asking them if I was the only one that felt this way.... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 3, 2021

No. You do not have a case because your boss asked all of the other employees questions about you. The employer is allowed to do that.

It is important for you to know for the future that there is nothing unlawful about a boss creating a work environment filled with hostility. The term...
Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: How do I enforce a terminated signed contract as an independent contractor with the company I was hired to work for?

I was a proven top sales performer and was told my position is no longer available, but lower performers were asked to stay on. I am an African American woman and think this is discrimination. I was an independent contractor with a contract until September 30, 2021 but was not given written notice... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 28, 2021

The answer to your question lies, in part, in the language of the contract. While the California Fair Employment and Housing Act provides some protections for non-employees (i.e., independent contractors) the right to terminate a contract usually comes from the face of the agreement. That needs... Read more »

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