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California Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Employer asked if my wife gave birth vaginally/cesarean.is it legal.forced off pfl and fmla. disciplinary action

Received disciplinary action for attendance and scheduled in while off on pfl. Forced to cancel pfl. Employer refused to show me personnel file when requested and forcefully ripped pages from me. Never received designation letter. Told me I was to pay Employer med.coverage.used fmla days when no... View More

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you provided, it seems there are several potential legal issues and violations of your rights under California law and federal law (FMLA). Here are some key points:

1. Asking about the specific method of your wife's childbirth (vaginal or cesarean) is likely a...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Employer asked if my wife gave birth vaginally/cesarean.is it legal.forced off pfl and fmla. disciplinary action

Received disciplinary action for attendance and scheduled in while off on pfl. Forced to cancel pfl. Employer refused to show me personnel file when requested and forcefully ripped pages from me. Never received designation letter. Told me I was to pay Employer med.coverage.used fmla days when no... View More

Neil Pedersen
Neil Pedersen
answered on Apr 13, 2024

You have not asked a question, leading me to believe that perhaps you are looking to have an attorney respond with an interest in working with you. Unfortuantely that is not what can happen here. This is only a short answer Q&A board. Your post suggests you may well have some legal rights... View More

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1 Answer | Asked in Appeals / Appellate Law and Employment Discrimination for California on
Q: Responding to a court order to show cause after an appeal ruling on Anti SLAPP based on factual errors

The appeal court made factual errors and reversed the LA superior court's dismissal of my employer's Anti SLAPP motion against my complaint and awarded them attorneys fees. The ruling removed one small element from each claim, but all the claims remain and the damages are the same. The... View More

James L. Arrasmith
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answered on Apr 12, 2024

Under California law, when responding to a court order to show cause after an appeal ruling on an Anti-SLAPP motion based on factual errors, the relevance of the appellate court's errors depends on the specific circumstances of your case. Here are a few key points to consider:

1....
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: If I had to take time off from work, and in confidence I explained to my manager the reason for why, is it legal

Is it legal for my manager to share that confidential information with my fellow employees? I had an abortion and needed time off due to the traumatic experience as well as physically needing to heal.

Neil Pedersen
Neil Pedersen
answered on Apr 7, 2024

It depends on what was shared. The reason you needed time off is not inherently confidential unless the reason relates to your medical condition or the medical condition of a close relative. Therefore more needs to be known about the information that was shared before someone could tell you if it... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: If I had to take time off from work, and in confidence I explained to my manager the reason for why, is it legal

Is it legal for my manager to share that confidential information with my fellow employees? I had an abortion and needed time off due to the traumatic experience as well as physically needing to heal.

James L. Arrasmith
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answered on Apr 8, 2024

In California, it is generally illegal for your manager to share confidential medical information that you disclosed to them with your co-workers. This would likely be a violation of your privacy rights.

The California Confidentiality of Medical Information Act (CMIA) prohibits employers...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Constant negative ignorant comments regarding race

For some reason my work culture thinks it is acceptable to talk poorly about "white people" and the catholic religion. One individual in particular has already been spoken to about this. I even spoke to him myself and he chose to scream "Poland is anti gay and anti abortion"... View More

James L. Arrasmith
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answered on Apr 1, 2024

Under California law, discrimination and harassment based on race, national origin, or religion are prohibited in the workplace. This includes making negative or derogatory comments about a particular race, ethnicity, or religion, which can create a hostile work environment.

If you feel...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Constant negative ignorant comments regarding race

For some reason my work culture thinks it is acceptable to talk poorly about "white people" and the catholic religion. One individual in particular has already been spoken to about this. I even spoke to him myself and he chose to scream "Poland is anti gay and anti abortion"... View More

Neil Pedersen
Neil Pedersen
answered on Apr 1, 2024

Caucasian people can be racially harassed just the same as those of other races. Same with Catholics, same as other religions. The measure of unlawful harassment is whether the comments or conduct are so severe or pervasive so as to render the workplace hostile to you and your race and/or... View More

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2 Answers | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: 11 years at the company new boss is always leaving me out and just took all my job duties from me is this harassment?

I went home sick and found out he took all my it admin rights away from me which is my entire job duties without telling me and then also posted my exact job online looking for interviews but has yet to say anything to me. He singles me out and is always micromanaging me and putting me down. he is... View More

James L. Arrasmith
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answered on Mar 27, 2024

Under California law, what you are experiencing may be considered workplace harassment, especially if your boss's actions are based on discrimination regarding your sexual orientation or any other protected class. California is known for its strong laws against workplace harassment and... View More

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2 Answers | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: 11 years at the company new boss is always leaving me out and just took all my job duties from me is this harassment?

I went home sick and found out he took all my it admin rights away from me which is my entire job duties without telling me and then also posted my exact job online looking for interviews but has yet to say anything to me. He singles me out and is always micromanaging me and putting me down. he is... View More

Neil Pedersen
Neil Pedersen
answered on Mar 27, 2024

Unless you can establish that you are being treated this way because you are a member of a protected class of people or because you engaged in some kind of legally protected conduct, there is likely no recourse for you. Absent these unlawful motives, bosses are allowed to be bullies, to single out... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Criminal Law for California on
Q: How can I do to demand unpaid tips from waiters for my work assisting asbusser as it is stated in the restaurant policy?

The owner said she can’t allow me to be working along the servers because she is afraid of we having a fight in front of guests. I am a victim of a crime and suing now my attackers. I want to call the Marsy’s law if I had to. What can I do to make them lay? I was sent home today because of this

Brad S Kane
Brad S Kane
answered on Mar 20, 2024

DO NOT FIGHT WITH OTHER EMPLOYEES. YOU CAN BE TERMINATED AND/OR GET HURT.

If someone threatens you, take out your phone and film them.

Be careful what you say - do not threat anyone with harm.

The employer has the obligation to enforce the written tip sharing policy....
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2 Answers | Asked in Employment Discrimination, Employment Law and Criminal Law for California on
Q: How can I do to demand unpaid tips from waiters for my work assisting asbusser as it is stated in the restaurant policy?

The owner said she can’t allow me to be working along the servers because she is afraid of we having a fight in front of guests. I am a victim of a crime and suing now my attackers. I want to call the Marsy’s law if I had to. What can I do to make them lay? I was sent home today because of this

James L. Arrasmith
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answered on Mar 20, 2024

In California, if you are entitled to shared tips as per the restaurant's policy, and you have not received them, you have the right to demand these wages. Document all instances where you were supposed to receive tips but did not, including dates and amounts if possible. You should first... View More

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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

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