Lawyers, Answer Questions  & Get Points Log In

California Employment Discrimination Questions & Answers

1 Answer | Asked in Employment Discrimination and Employment Law for California on

Q: The company I worked for fired me recently due to attendance issues, though the only reason I had the attendance issues

was because my short term disability was denied. I have a workers comp lawyer now and he is getting things moving so I can be treated but I've already lost my job.

I would like to add that I did originally go to my own doctor about my first injury and he would not see me since I had filed a... Read more »

Neil Pedersen answered on May 16, 2019

Far more would need to be known about your medical condition, what your employer was informed about your restrictions placed on your ability to perform your regular job, and many other issues. However, there is enough in your post to suggest that it would be prudent for you to locate and consult... Read more »

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

Q: Racist memes sent in mass group text directed against employee and seen by the district manager of employee and ignored

All my co workers got together at a party and created racist memes about me and sent these through a mass group text to almost all the other employees in the district. This is a party that predominately had supervisors and a district manager attending. Nothing was done to stop messages being sent... Read more »

Neil Pedersen answered on May 10, 2019

It is hard to say without far more information.

Racist memes sent about you are clearly inappropriate. Whether they rise to the level of unlawful racial harassment depends on the severity and volume of the inappropriate conduct. Harassment, to be unlawful, has to be severe or pervasive,...
Read more »

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for California on

Q: Is it discrimination or hostile work environment and how should I proceed?

Sister works asst prop mgr for mgmt co. Loved job. Prop sold & she kept on for history keep books orderly/reports timely. New co purchase them now has mgmt group w/own employees who are related & new employees who "fit" mold young/impolite & scantily clad. Sis 64 years old, professnl & they seem to... Read more »

Neil Pedersen answered on Apr 27, 2019

If your sister can prove she is being pushed out of her job because of her age over 40 years old or some other protected classification of persons, she would have a meritorious legal claim. However the Easter comment discloses no apparent unlawful discrimination, just insensitivity.

It is...
Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for California on

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

Had hairs attorney and sign agreement 40% than file complaint DFEH we have right to sue, and in the letter said have within 30 days to file complaint at EEOC but the attorney didn’t, the want me sign another agreement more high then we passed the time to file complaint at EEOC and when I ask why... Read more »

Neil Pedersen answered on Apr 18, 2019

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...
Read more »

1 Answer | Asked in Employment Discrimination for California on

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

dddf

Neil Pedersen answered on Apr 15, 2019

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... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on

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

need an attorney because I want to take this to the point of filing a wrongful termination lawsuit. I endured discrimination based on race and color and a hostile work enviornment. I communicated these problems I was having to my employer who denied and ignored my complaints and retaliated... Read more »

Neil Pedersen answered on Apr 9, 2019

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...
Read more »

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

I understand that Civil Service law is different so I need the right kind of attorney to represent me against the County of LA.

Neil Pedersen answered on Apr 2, 2019

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... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on

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

I have been at my job for 11 months. Our company policy states we accrue vacation time every pay period but can't use it until we have been there at least 1yr so if they fire me before my 1 yr mark am I entitled to be payed for all my accrued vacation time I have earned?

Louis George Fazzi answered on Mar 16, 2019

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... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on

Q: When should you be offered regular part time?

At my job we don't have "seasonal" but "part time recurring" instead. These employees are not considered regular, how long are until they become regular? Some of these employees work more days than the regular employees as well. Additionally, some have been with the company for years and are... Read more »

Neil Pedersen answered on Mar 15, 2019

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... Read more »

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for California on

Q: Can I sue my old employer for misconduct?

If I were on the initial IP filing for the company, when I leave the company. The company use the exact information on the IP filing for patent and it been award without my name on it. Do I really have a case if I have the document that return to me from the IP office.

Neil Pedersen answered on Mar 12, 2019

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... Read more »

2 Answers | Asked in Employment Discrimination, Employment Law and Personal Injury for California on

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

Work related injury so I was let go And given a false reason but is the special employer at fault for discrimination and retaliation or is it the temp agency for not finding another place for me to work (wrongful termination). Am I able to sue them both?

Neil Pedersen answered on Feb 22, 2019

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... Read more »

View More Answers

1 Answer | Asked in Employment Discrimination for California on

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

Neil Pedersen answered on Feb 21, 2019

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.

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

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

Plus when I signed for my check he only gave me an amount out of my check he did not give me my whole check also the third week when I got my check I went for myself and he got mad and fired me so now I'm thinking he's my boss and I got fired but he was nothing to the company I learned to find out... Read more »

Louis George Fazzi answered on Feb 19, 2019

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...
Read more »

View More Answers

2 Answers | Asked in Employment Discrimination for California on

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

I am a white male and worked for a top financial company in Orange County, CA. Until last night, for just under 90 days. Last month I won a prize for top production. I brought my black girl friend to a company party and I was fired for production two weeks later... Do I have a case? Our staff... Read more »

Louis George Fazzi answered on Feb 2, 2019

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... Read more »

View More Answers

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Employment Discrimination for California on

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?

I bought a puppy two weeks ago. Two days later I found the breed is not exactly what I want, so the seller and I agreed to find a new owner for him together.

On Jan 12th, I sent my puppy to the seller's in-law where they have several dogs and asked them to take care of the puppy until we... Read more »

Ali Shahrestani, Esq. answered on Jan 29, 2019

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... Read more »

2 Answers | Asked in Workers' Compensation, Employment Discrimination and Wrongful Death for California on

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

Hottest day of the year 107 outside, corrugated warehouse line work-it had to be 147- the warehouse cooled by a single box fan, Ross, my deceased partner said- Supervisor admitted to me at the hospital they realized the heat danger and called unscheduled break for snow cones outside- Ross got to... Read more »

Ronald Mahurin answered on Jan 26, 2019

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... Read more »

View More Answers

3 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on

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

Ronald Mahurin answered on Jan 22, 2019

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.

View More Answers

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

My paychecks are short , missing or different pay rate. Also i was promise a bouns ... i now have no work beside i believe i asked about my bouns. Hr and their scheduling are no help, they just sent me in circles.

Ronald Mahurin answered on Jan 21, 2019

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.

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for California on

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?

Ali Shahrestani, Esq. answered on Jan 14, 2019

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... Read more »

1 Answer | Asked in Education Law, Employment Discrimination and Probate for California on

Q: Do I need to report minor misdemeanors dismisses via court plea and petition for dismissal to CTC in COC application?

I am applying for a Certificate of Clearance ( a.k.a COC)through the California Teaching Comission, to start working towards a teaching credential. In their online application for the COC, I am asked to report any criminal history, even misdemeanors that have been dismissed. They also ask to... Read more »

Richard Samuel Price answered on Jan 7, 2019

Give complete and truthful answers to all questions.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.