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California Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My district laid off a groundskeeper and now it wants us - day custodians, to do irrigation system duties

I am a school day custodian. (no union but this is not a charter school. This is a public institution). My district laid off a groundskeeper and now it wants us - day custodians, to do irrigation system duties. However, those duties are not included in our job description. What should we do?... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 29, 2020

Unless you are in a union that requires something more, your employer may assign any new duties is wishes to assign to you, and your option is to do those new duties or leave. If you are in a union, it would be wise for you to consult with your union representative right away.

Good luck to you.

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1 Answer | Asked in Employment Discrimination for California on
Q: Do I have rights if a former boss and employees are making false statements about a termination

I never was actually fired or signed anything

Neil Pedersen
Neil Pedersen answered on Sep 24, 2020

It depends on several things that are not disclosed in your post.

First, it depends on what is being said.

Second, it depends on whether it is causing you non-speculative damage

Third, it depends on who is saying it.

Fourth, it may depend on the motive for the...
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1 Answer | Asked in Employment Discrimination for California on
Q: Will the Court Clerk (CA) accept joinder for pension plan that were prepared and dated 5 months ago?

I had prepared the joinder forms for a pension plan in a divorce proceeding in April. The day I went to file happened to be the first day the Court started closing to the public. Now that the court clerk's office has reopened for filing in person, I want to take these forms to file with the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 5, 2020

This is not employment discrimination it is Family Law, it has to do with a divorce. If the forms are over your signature, you can change the date, if over someone else's signature leave it be.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Employment Discrimination for California on
Q: Agency I work for claimes a payroll mistake occurred.over a 9month period.now want me to pay back

Now ,I never clocked in for the hrs,never worked with the app we use to verify the shift.Client never submitted the revisions to agency as he was suppose to and agency never confirmed they just assumed.therefore falling through the cracks . Leaving me responsible to pay back now..wasn't a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 1, 2020

You already posted this question on this website and both Mr. Pedersen and I answered you about your responsibilities and what the employer can do. Suggest that you read what we posted.

Justia disclaimers below, incorporated herein.

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2 Answers | Asked in Employment Discrimination for California on
Q: Payroll issue with caregiving agency. Paid for days not worked.now I have to pay back.no fault of mine

The client's son in law did not submit schedule to offc for 9 months.And office did not confirm ,so they assumed schedule was the same,but varied month to month.due to 60 hrs per month.allowed by the ins company..Now it was discovered after all this time.Now it has to come out of my earned... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 31, 2020

There is no question here, so I assume that you are asking if it is legal for the agency to require you to return money that you did not earn, but were paid, over a 9 month period. Yes, it is legal for them to ask, but not legal for them to unilaterally withhold it from current earnings, they have... Read more »

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: is it discrimination to hire mainly former student athletes?

I am starting up a business selling to college and high school sports teams and programs. As a former athlete, I would like to mainly hire former student athletes as I know their competitive drive, and know their work ethic, and their connections in the sports world. As long as I am not... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 19, 2020

You should not run into many problems if you become an equal opportunity employer. You can focus on a particular demographic if it is based on the requirements of the work, the skills necessary for the job, etc. as long as they are generally non-discriminatory. Protected categories include the... Read more »

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2 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: Is my employer retaliating and/or discriminating against me?

March ‘18 my manager sexually harassed me. I didn’t report it until August ‘19 due to fear of retaliation and because I’m male and felt no one would listen. I reported it after speaking to a therapist about it. My employer investigated but closed the case without any findings and left it as... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 14, 2020

You need the assistance of a couple of good lawyers. First, you need a Worker's Compensation attorney to handle your work related injuries. Secondly, you need an experienced attorney who knows how to handle discrimination and harassment cases. You described a classic harassment case, and you... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Termination and severance negotiation

Hello,

I've just been terminated by my company last week and the only reason that I've received from my manager was that my role was mis-leveled. I've asked more questions but he didn't want to offer any detail! I've been with the company for 8 months, That being... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 9, 2020

The law does not require an employer to give any severance to an employee who is terminated. However, if it does pay severance to employees it must administer that severance in a non-discriminatory manner. For instance, if you can prove only men get severance offers but women never do (of if the... Read more »

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3 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: Getting paid less then new hires that I have to train. Is it legal?

I got laid off Dec 2019, got rehired 2 weeks ago, I asked for $14 an hour. My manager said they couldnt pay me that. I had a friend apply and she got hired and will be paid $14 an hour. I will be training her and yet getting paid less then her. Is it okay for employers to do that? I am 45... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 8, 2020

It is generally not unlawful to pay newer employees more money than those with more seniority. Seniority has no power or priority unless you are in a union environment.

However it is unlawful to be treated poorly because of your race, or age over 40, or other membership in a protected...
Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: My company is giving career growth resources to people of a specific racial background (only). Is this legal?

Career growth resources means paying for special courses and coaching by an outside vendor. It is indeed a part of a diversity and inclusion initiative that is trying to give more resources to specific racial groups in an effort to promote more of them into the highest level roles in the company.

Maurice Mandel II
Maurice Mandel II answered on Aug 6, 2020

Possibly, if this is part of an Affirmative Action Program. (remember those from the 1980's. There really is not enough information in your post for me to respond with much more than speculation. Ordinarily, denying benefits to a group based on their race is prohibited under the FEHA, and... Read more »

2 Answers | Asked in Employment Discrimination, Employment Law and White Collar Crime for California on
Q: Is this harassment to be quarantined by employer that is assuming another company has covid without symptoms or results.

I was working with contractors and a company man came out screaming for everyone to wear masks, as I was working and wearing a mask he saw mine was below my nose. As was his mask. As I pointed out his was below his nose, he sped off angry. Went to higher up and I’m now subject to quarantine... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 5, 2020

There is nothing wrong with a contracting partner of your employer complaining about you not wearing a mask properly, even if the complainer was doing the same. There is also nothing unlawful about your employer sending you home because of this complaint. The company your company is working for... Read more »

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3 Answers | Asked in Employment Law, Personal Injury and Employment Discrimination for California on
Q: I work at a Senior Assisted Living. I am a Medication Technician. One of the residents struck me with their walker.

The walker hit my right shoulder and right hand. This happened on Friday evening during my shift. I put in an incident report. I was off the following day Saturday. I went in to work on Sunday where management had insisted I go to urgent care, which took my whole shift. I was diagnosed with... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Aug 5, 2020

Since it happened at work you have to go through Work Comp. Talk to a Work Comp attorney.

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2 Answers | Asked in Antitrust, Business Formation, Business Law and Employment Discrimination for California on
Q: Is it legal in CA to start a business that is competitive with a former employer?
Maurice Mandel II
Maurice Mandel II answered on Jul 28, 2020

It depends on whether you signed any trade secret agreements in your former employment. They could use that to claim you were using confidential information to contact your former clients, whether it is true or not. There is no legal prohibition against competing against a former employer using... Read more »

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2 Answers | Asked in Employment Discrimination for California on
Q: Manager audits. Has only negative portions (incorrect) displayed for all other employees to see, with how’s and why.

My question: Can my employer have a colleague post the negative portions of the audit, with comments on how I got it incorrect (which most are not incorrect), some are), on a an electronic format permanent record, (the patients invoice) where many departments within the hospital can read. I feel it... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jul 25, 2020

Is this a question? If so, I'm not sure what you are seeking here. In every work setting, sometimes you have to deal with a manager who has her own agenda regardless of what you do. Keep careful notes on everything you do, and you may even want to keep a daily diary of how things go at work.... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my boss refuse to let me work from home to balance caretaking for a sick parent and also being aware of the pandemic

I have been working for a company w/ 2 employees for 10 months part-time. This company was considered an essential business during quarantine, so even though my boss told me to come in to work during March-June, I requested to work from home. I got an OK eventually, though afterwards I learned she... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 16, 2020

The first problem is that the protections against discrimination fall upon employers of 5 or more people. Otherwise you may be covered by the CFRA- Cal. Family Rights Act- google it. Even if you are not subject to the specific benefits of the act, your employer cannot discriminate against you if... Read more »

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Is it illegal for my manager to call me "guedo" at work because i'm the only one who doesn't speak spanish?

it's my 1st week on the job. I believe the term means whitey or white boy and is slang. I don't know what I should do the next time she does it. I find it inappropriate. Is that a law suit? Do I walk out when she does it because I feel uncomfortable? Should I go to a laywer first or HR?

Neil Pedersen
Neil Pedersen answered on Jul 14, 2020

I know the term "guido" is defined in an English dictionary as "a man, especially an Italian American, regarded as vain, aggressively masculine, and socially unsophisticated." I do not know what it may mean in other languages.

Calling you by a race or national origin...
Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Employer accepted WORK COMP Claim but stated cannot pay, is that legal in WC?

I received a memo 3/24/20, from WC Office / self insured, that states Injured worker became P&S as of 2/4/20, IME Report. The claim for industrial injury has been accepted, but WC office states it cannot pay for time lost from 3/18/20 and continue while the Division explores alternative work... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jul 14, 2020

You need to talk to a Worker's Compensation attorney, and ask her/him to handle your case for you. Your employer is not your friend when it comes to a worker's compensation claim, because it then goes into the hands of the worker's compensation insurance company for the employer. And... Read more »

2 Answers | Asked in Employment Discrimination for California on
Q: Can I sue my employer for firing me based on my panic disorder? I was fired in 2002 and am on permanent disability

In 2002 I went to the hospital thinking I was having a heart attack. I was informed that I was having a panic attack due to a panic disorder. My employer fired me claiming I was too much of a liability. I have been on permanent disability since then. Can I sue them for firing me for my disability?

Maurice Mandel II
Maurice Mandel II answered on Jul 14, 2020

This is an excellent question. The question is whether your employer is covered by the laws, does he employ more than 5 people? Your panic disorder probably qualifies you for anti discrimination protection and entitles you to addition benefits as a Qualified Physically Disabled Person. Certainly... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer deny days off when submitted 5 months in advance

I submitted for 2 days off the night before my boss came back from his 2 days off so he would have it in the am. I did it 5 months in advance and took a pic of it incase he looses it cuz it's happened before. 5 months later he calls me at 530 on his day off to ask you if wasn't at work.... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 13, 2020

Unfortunately, there is nothing unlawful about your employer denying you days off unless you can prove it is motivated by your membership in a protected class of people (i.e., race, religion, etc.) or because you engaged in some form of legally protected conduct. Taking a picture of your request... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer fire an employee of that employee calls the police because they suspect a crime is happening?

My sister works for a major retailer. She called the police because she saw what she thought was something suspicious outside the store. The employer is now saying she could lose her job because of the person she called the cops on can go to the news or sue about being falsely called. This... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 6, 2020

Unfortunately, almost all employment in CA is on an "at will" basis, meaning that an employer does not have to have "just cause" to terminate an employee, SO LONG AS the true reason for the termination is not one that it prohibited by law, such as reporting wage problems or... Read more »

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