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California Employment Discrimination Questions & Answers
Q: CalPERS - local safety question

Can my employer separate me from employment, cut my health benefits off without notice, use my accrued hours to pay for deductions such as medical benefits and other things for over 7mo without notifying me? While on workers comp benefits and it’s been over 12 mo (exhausted 4850 benefits) I am... Read more »

Louis George Fazzi
Louis George Fazzi
answered on May 27, 2022

Your worker's compensation lawyer should have been protecting your rights and interests all along. If you don't have one, I suggest you get one immediately.

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: Plaintiff in Employment Discrimination Case Seeks a “Tried and True” Atty to Revive My Case.

The case was dismissed with prejudice because prior attorney retaliated and dumped me and I got sick and could not make it to the first day of trial. I have the facts but I didn’t get permissive.

I need an attorney to help me with a CCP 473 motion and represent me at hearing. It is in... Read more »

Neil Pedersen
Neil Pedersen
answered on May 24, 2022

I am sorry but this site is not the place to solicit attorneys to work for you. It is a question and answer site only. You are going to have to locate and contact attorneys to see if they are interested in handling your matter. However it is highly unlikely you will find an attorney to take your... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: am not in violation of US Code neither statute. I was also wrongfully terminated

addressed to them: why speculate? solicited I.M. took place around your own presumptive allegedly in February or March 2022.Question: Mr.& Ms. what's IM solicitation relevant with? What is this have got to do with me? stipulation as far as recorded data and my recollection are concerned,... Read more »

Neil Pedersen
Neil Pedersen
answered on May 19, 2022

You have not asked a question, nor have you even provided enough information for us to guess at what your question might be. Perhaps you can re-post and provide us with more facts and a question.

Good luck to you.

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: A co-worker, through text messages, stated my belief as a Jehovah's Witness was "ridiculous" what should I do?

HR was notified and investigation is being conducted, however, the person involved is in a "senior" position. Kind of like supervisory and someone who calls other's religious beliefs "ridiculous" should not be in such a position. What should I do? This company is also a... Read more »

Neil Pedersen
Neil Pedersen
answered on May 6, 2022

I am sorry this has happened to you. Let me give you some insight into the concept of religious harassment.

Actionable religious harassment happens in the workplace when you are subjected to unwelcomed comments or conduct related to your religion that are so severe or pervasive so as to...
Read more »

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was wrongfully terminated after 22yrs service for medical restrictions, attorney sz no law would give me back my job

After 2yrs the attorney sz there is nothing they can do, but to settle for 85k wish I would end up with 35k aftr fees and no job I was making almost 100k a year with that job, seiz case will not make it to trial

Neil Pedersen
Neil Pedersen
answered on May 5, 2022

You have asked no question so it is difficult to know what you seek by posting here. No one here can respond to your post with an interest in taking your case, and it is impossible to know based on the limited information in your post whether you were getting good advice or not from your attorney.... Read more »

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Q: Can a parent of an under 18 film and broadcast for research or public unknowingly to that child or person legally

I feel that I've been on camera for most of my life I'm 44 years old and it seems everyone I know and don't know knows my every move everywhere and believe I may have started with my parents

Neil Pedersen
Neil Pedersen
answered on May 1, 2022

Any claim you would have against your parents while you were a minor have long ago been extinguished by the statute of limitations. Any actions that have occurred once you turned 18 would presumably been either consented to or done in places here you did not have an expectation of privacy.... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: can an employer, in this case the department of navy deny me employment based on mental health? Specifically anxiety?

I was offered a position with the department of the navy as a civilian and I had accepted. During the medical part of the on boarding process I was asked if I had any mental health issues. I currently do not so I replied with no. Unknown to me the medical doctor doing my review had accessed my VA... Read more »

Neil Pedersen
Neil Pedersen
answered on Apr 27, 2022

There is nothing unlawful about a branch of the military determining that someone is unfit to serve based on a possibly disabling condition. That you have not been previously diagnosed does not matter. If you cannot get a medical note to confirm you are able to perform the very difficult duties... Read more »

3 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: Fired while on probation for "no reason" in California while having a workers comp claim? Do I have a case?

I was on probation for 5 months. Got injured on the job and was out for 4 months. Came back to work for 10 days, and was fired for "no reason". I still have the workers comp claim and am no longer being paid. I never called out or had a bad thing said about me until I came back to work... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Apr 26, 2022

It is possible that the employer's conduct may have been unlawful here; however, more information needs to be known in order to fully understand your case. I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment... Read more »

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: What is clear basis for retaliation or wrongful denial of promotion?

I work in the transportation industry. I was told by a manager that a new supervisory position was being created specifically so that I could be promoted without having to wait for an opening.

I was then called into a meeting and was told that herself and upper management were “pulling... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Apr 26, 2022

You have a free speech right to share your income with other employees, for that is how you learn whether you are being discriminated against or not.

You can go to your HR department and file a complaint against the persons who are taking the opportunity from you. Be prepared to fight for...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Was This Legal On Behalf Of My Job Even With Doctor Notes?

Starting off I will say I was in the process of transferring my phone number from one carrier to another so I was not receiving messages from android (I can send messages though) nor receiving any calls whatsoever . I did inform a manager that I can only get ahold by 2 of them through via text... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Apr 26, 2022

More facts would need to be known in order to fully evaluate your case. However, it does sounds like your employer's conduct may be unlawful here.

I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment...
Read more »

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1 Answer | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: I need legal help I was recently injured at work. A manager at a different store is going around saying I faked it.

I told the adjusters something in confidence and the other store managers going around telling other employees that I faked getting injured at work even though I had a witness and I had a previous injury in a different state years ago where a customer ran me over in the parking lot and she's... Read more »

Neil Pedersen
Neil Pedersen
answered on Apr 25, 2022

Tell your workers compensation attorney about this. If you do not have a workers compensation attorney, you need to get one right away. Do not let the company and its workers compensation attorney cheat you out of what you deserve, and don't let this kind of retaliation go on without an... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Does IT, data or information sabotage by supervisor also prove retaliation, fraud, discrimination or IIED?

The employee elevated unlawful discrimination and harassment complaint by a Manager. After the complaint, HR ignored and didn’t issue consequences to supervisor who harassed employee which led to pervasive sabotage and stress. The employee had a disability and informed the employer, they... Read more »

Neil Pedersen
Neil Pedersen
answered on Apr 23, 2022

It could be used as evidence of retaliation. It would be a stretch, but it might be part of a claim of intentional infliction of severe emotional distress. I don't see how it would fit into a fraud cause of action.

Keep in mind that retaliation is only unlawful if the trigger for the...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer require you to speak English at all times even during private conversations among coworkers?

My job recently implemented an English-only rule. I work at a fast food place and while English is the language most spoken by our employees, we do have quite a few employees who speak only speak Spanish. Is it legal to require them to speak English at all times while on the clock? Management says... Read more »

Neil Pedersen
Neil Pedersen
answered on Apr 18, 2022

An English only policy is forbidden under California law. Employers with at least five employees cannot limit or prohibit the use of any language in the workplace, except in rare circumstances when they can demonstrate a legitimate business necessity do so.

Good luck to you.

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Why would legal advise manager to provoke a whistleblower w ptsd so they react inappropriately and legally terminate?

Seems like a huge risk for the employer if they were to get caught. Curious to know if there is a legal strategy behind giving the green light on IIED. interested to know (theoretically) why legal would encourage that behavior considering it is unlawful. Would an employer take that risk if there... Read more »

Maurice Mandel II
Maurice Mandel II
answered on Apr 17, 2022

Interesting question and sorry to hear you were poorly treated. Why would an employer take risks as you describe- in a hypothetical situation? One possible reason is that if you are claiming that you suffered a stress injury as a result of your work/workplace, that would be in the worker's... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: I brought up to HR, the pdp, and the manager the refusal of ada request, time card manipulation and many other things

They refused to give e ada help based on my adhd and the reasonable request for more clocks to be visible so I wouldn't get write ups for going into my 5th hour for lunch. Turns put I can go by the end of my 5th hour, so the time they took and altered is fraud and needs to be paid back by... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 24, 2022

I am sorry but you have not asked a question. Perhaps you think this is a place where you tell your story and attorneys contact you to work for you. That is not how this works. This is a Q&A board to get general legal knowledge about issues in your life. If you need an attorney, I would... Read more »

1 Answer | Asked in Contracts and Employment Discrimination for California on
Q: union assigned atty & duty to fair representation & proof of collusion/favors discovered outside of timing statute

<< Mandamus atty & I expect current discovery to show that union-assigned atty (likely at the bosses' direction) did favors for a County dept in the way my case was handled (intentional sabotage). We don't know whether the favor requests went thru the union, but it is possible.... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 23, 2022

This is a question best answered by your present attorney who can better understand the factual and legal basis for your claims.

That said, the statute of limitations usually is not tolled (i.e., put on hold) by a failure to find evidence, nor is it usually opened again by the discovery of...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Did not get my hours back after having Covid, they actually denied me hours and have taken my access to employee logins.

Told me I needed to talk to Gm “he was out of town “. I called office more than once they couldn’t put me back on the schedule until he said. I’m a server so we can cover shifts I put in for a few and they were denied by management. I have screenshots of the reasons stating “no reason... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 12, 2022

If it can be established that you lost hours or even your job because you contracted Covid-19 and needed to quarantine and heal, then you likely would have a case for violation of the Fair Employment and Housing Act, and probably wrongful adverse employment action in violation of public policy.... Read more »

Q: hypothetical question ? Let's say an recently resigned employee got his payroll recs and the numbers don't add up !

And this is also the same company who retaliated against said employee with proven adversed effects within the timeframe after said employee filed a health and safety complaint with Cal/osha then continued to discriminate and harass him even suspended him without pay for 3 weeks pending an... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 3, 2022

Unless you can prove damages, the fact that the employer has messed up the payroll records is probably not significant enough to make a lawsuit worthwhile.

If you can prove that you were retaliated against by being suspended and then terminated because you filed an OSHA complaint, you would...
Read more »

3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can I legally record a staff meeting (I'm the manager) or have someone sit I with me (witness)

My boss hired his step-daughter and I'm the manager. This girl has yelled at everyone at staff meetings, customers have complained of cussing and rudeness towards them by her, employees have been harassed by her. I've complained to the owners verbally and In writing and they continue to... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Feb 27, 2022

Since this will be an after hours staff meeting including the boss's wife and the step-daughter and your boss, I believe you have the right to advise everyone, before the meeting begins, that you intend to make a permanent record of the meeting either by audio or video so you can accurately... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Is it legal for employee to switch my work shift to a different one even though I refused?

Ive been working in this nursing facility since Oct 2021. I was hired for 7-3 shift . They wanted to switch me shift to 11-7pm. I didn’t agree and they’re taking me off the schedule and said if I don’t show up 11-7 i will get a write up. Is that legal? I didn’t sign anything or agreed to... Read more »

Maurice Mandel II
Maurice Mandel II
answered on Feb 24, 2022

Sorry to hear you are having your employment "rug" pulled out from under you. I assume that you meant your "employer" was doing this to you. Unless you have a written agreement specifying the shift you would work, or you have either medical or religious reasons that would... Read more »

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