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California Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I’m at work an my supervisor recorder me an take a picture out me an my belongings with out my permission can he do that
James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

This question is under the "California" tab, so I'll assume this relates to California law. It sounds like what happened to you is not only inappropriate but potentially illegal. Speak with a local attorney today. [I litigate cases. Anything posted here must not be construed as legal... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer fire you, give a letter to sign waiving all rights to any EEOC claim in exchange for severance pay?

My employer walked into my office, handed me a check for the two days I had worked, another check for accrued vacation pay, and another check. He then handed me paper work to sign, waiving all rights to any and all discrimination claims. He asked me to read them, sign them and return them in... Read more »

Brad S Kane
Brad S Kane
answered on Sep 19, 2022

Yes, an employer can terminate you, pay you all compensation earned and offer you additional compensation in exchange for signing of the release of your potential claims.

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can my union post up info at my work showing who is not in the union?

A union rep came by and told me if i dont join the union they would post the names of non union members up on a wall at work.

Neil Pedersen
Neil Pedersen
answered on Sep 12, 2022

Sure, why not? There is nothing confidential about union membership, or lack thereof.

Good luck to you.

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: can a company with under 50 employees deduct pay as a punishment and then give that deduction to another employee's rais

My husbands pay was docked 4 dollars for being late a couple of times. His boss under a contract said in a month he would get it back. Instead he never gave it back and gave the extra 4 dollars to give another employee a 4 dollar raise. There is more to this as well. My husband suffered some... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 10, 2022

An employer can NEVER dock pay for anything. It is irrelevant what the money is being used to. His employer is violating the law.

If the heart issue was caused by conditions in his workplace, it may give rise to a claim for workers compensation claim.

As to the termination, it is...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for California on
Q: Annual a performance review scores were admittedly falsified.

Falsified from 6.5 to 4.0 (1-10 scale) by my manager , in writing stated it was modified downward to fit a list of pre-determined employees targeted for layoff. The score reduction was directed by the HR department, therefore my scores were changed which did not reflect my overall performance.... Read more »

Brad S Kane
Brad S Kane
answered on Sep 7, 2022

A falsified performance review as part of a targeted layoff is an adverse employment action, which may support a claim for age discrimination. You should speak with an employment attorney about how to respond in writing to the falsified evaluation, most provide free consultations.

3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was fired for texting my boss asking for her to not yell at her staff. Is this wrongful termination?
Louis George Fazzi
Louis George Fazzi
answered on Aug 31, 2022

The answer to your question depends on a lot of information which is not included in your short note.

It depends on many factors, such as how long you worked for this employer, whether there were any policies regarding how long you could be employed, any promises made to you about the job...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Does my employer have the right to deny the job promotion and delay my transfer?

I was selected for a position in June for a Level IV position. After months of waiting, I inquired about the promotion and effective date of transfer, I was told that it will be a lateral transfer--not a promotion and no raise. The job posting was for a level IV position which I qualified for. It... Read more »

Neil Pedersen
Neil Pedersen
answered on Aug 26, 2022

Yes the company can delay your promotion for as long as it desires. In fact it has no legal duty to follow through at all with giving you the promotion.

You talk about discrimination. Unlawful discrimination only occurs if you can prove the bad things happening to you are because of your...
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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Are employees entitled to access/view job promotion and job description policies or is it confidential?

I was selected for a position which was a promotion for a job posting. But was told that it will be a lateral transfer, no promotion or raise. I was told that I will earn the promotion title after passing the 6 months probation and maybe a raise, but these conditions were not disclosed on the job... Read more »

Neil Pedersen
Neil Pedersen
answered on Aug 26, 2022

Your employer has no legal duty to provide you with job descriptions or job promotion policies.

As unfair as it is, your employer has no duty to pay you more when you get a promotion, no matter how valuable you may be to the company.

As to discrimination, unless you can prove you...
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2 Answers | Asked in Employment Discrimination for California on
Q: California law prohibits employers of five or more employees from discriminating against applicants or employees.

What if a case of discrimination happens against a transgender but the business in question has just four employees?

Neil Pedersen
Neil Pedersen
answered on Aug 13, 2022

Then there is no protection. Discrimination on the basis of transgender status is unlawful because the California Fair Employment and Housing Act makes it so. That law does not apply to businesses of less than five employees.

However a meritorious harassment claim based on transgender...
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1 Answer | Asked in Employment Discrimination for California on
Q: Does a filed law suit against an employer show up on my onboarding background check ?

Does a filed law suit against an employer show up on my onboarding background check ? (The law suit never went to trial.)

Neil Pedersen
Neil Pedersen
answered on Aug 10, 2022

I can. A publicly filed lawsuit is easily findable by anyone who wants to do a basic database research using your name. It does not matter if the matter went to trial. Almost all cases settle before trial. Once the complaint is filed in court, it is part f the public record.

Good luck to you.

2 Answers | Asked in Employment Discrimination, Native American Law and Employment Law for California on
Q: I've been slandered,harassed by HR, discriminated do to my disability. Retaliated on . No one will due anything.

Was admitted to me I didn't get a position I applied for was due to my teeth, witch is caused by my disability. Over my 7 years experience and went with 2 year employee I trained. They refuse to fallow ADA, making policies to overlook my position and over looking policies to suit themselves.... Read more »

Brad S Kane
Brad S Kane
answered on Jul 31, 2022

It is illegal to discriminate based upon disability. Denying you a promotion (in favor of non-disabled person) and requiring only you to work weekends (while letting the non-disabled people have weekends off) may be evidence of discrimination. These cases are very fact specific. You should consult... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: is it legal to be asked to sign a "voluntary" arbitration agreement and then be told its contingent of your employment

My dad received an arbitration agreement that he is "voluntarily,"/ required to sign. His employer said if he doesn't he may lose his employment. My biggest concern other than this seeming unfair is that it states both parties would have to cover their own costs. He was told to... Read more »

Neil Pedersen
Neil Pedersen
answered on Jul 25, 2022

In California, an arbitration clause that is presented as a condition of further employment is considered to be unenforceable. Furthermore, depending on the nature of the dispute, an arbitration clause that requires the employee to pay half the cost of the arbitrator is also unenforceable.... Read more »

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1 Answer | Asked in Employment Law, Employment Discrimination and Entertainment / Sports for California on
Q: How can I fight a no rehire status? I resigned didn't give 2 weeks now I'm at six flags with a no rehire status.

My father was septic then had a seizure so I left to take care of him. According to six flags policy I have to wait 2 years for a change. Please help thank you.

Brad S Kane
Brad S Kane
answered on Jul 22, 2022

You should have asked to take a leave of absence under the federal Family Medical Leave or California Family Rights Act Leave to care for a sick family member, instead just quitting without notice.

I suggest that you explain that you had the right to take an immediate legal protected...
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1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for California on
Q: 32 years in the same assignment and I'm being told i don't meet requirements. what legal rights do I have?
Neil Pedersen
Neil Pedersen
answered on Jul 21, 2022

There is no law that requires an employer to ever give you a promotion or a raise. Unless you can prove the reason you are being passed over is because you are a member of a protected class of people, or because you engaged in some form of legally protected conduct, you have no legal right to... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I didn’t see email from my past employer recalling me back to work under SB-93. Do I still have rights?

They stopped informing me of available jobs under SB-93 and are hiring new employees. Do I have rights?

Maya L. Serkova
Maya L. Serkova
answered on Jul 15, 2022

If your former employer is covered under SB-93, then you should have recourse.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free of charge initial consultations and...
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Q: My Workers Comp Case has been filled with Discrimination, Bias and Slandering of My Good Name. Also Conflict of Interest

I need help with this? Little Afraid of this because of Retaliation. But My Continue Good Health and ADL is at Stake. Should I File This? I am the Innocent Victim.

Neil Pedersen
Neil Pedersen
answered on Jul 14, 2022

I am sorry but your post does not make much sense. It sounds like you are in need of a good workers compensation attorney who can be allowed to learn all of the facts of your situation and protect you through the workers compensation process. That attorney can tell you more but generally you... Read more »

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1 Answer | Asked in Employment Law, Construction Law and Employment Discrimination for California on
Q: Covid Vaccine Mandate - Booster

I was recently hired at a Construction Firm and provide covid vaccine card. Today I recieved an email from HR stating that i do not have the booster. There is nothing on the employee hand book nor nothing in the interview stating that the employment requirement that mandates covid vaccine for... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 29, 2022

You get the booster. If you refuse to do what your employer wants, you get fired. It is that simple. Sorry.

Good luck to you.

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can i file a lawsuit against my employer for not giving me any kind of lenience with being autistic?

So basically I work in retail and I'm autistic. I am being fired because I got upset that my manager was giving my mixed signals constantly on what i should do instead of telling me outright what i should do. which is something i have a lot of trouble with because i am autistic. she also has... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 23, 2022

When you have a disabling condition that makes it such that you cannot perform the essential functions of your job without some kind of reasonable accommodation, you need to place the employer on notice of your restrictions and provide suggested ways you could be accommodated so that you can... Read more »

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1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: I'm straight. Can I sue my employer for sexual harassment by forcing me to read emails praising the LGBTQ community?

This infringes on my moral and religious beliefs and makes it impossible to feel loyalty for my employer.

Neil Pedersen
Neil Pedersen
answered on Jun 22, 2022

Far more would need to be known to answer your question. For instance if monitoring or reading emails is part of your job and you are not being singled out as part of an attempt to win you over to their way of thinking, it may not be harassment based on sexual preference or identity. On the other... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I stopped being friends with my supervisor and she has been spreading rumors about me at work.

I have filed an incident report with my boss already but it’s continuing and the workplace is becoming toxic with no one doing anything about it. What can I do about this legally? I want it to stop, is there anyway to escalate it farther than who’s in the store?

Maya L. Serkova
Maya L. Serkova
answered on Jun 19, 2022

While it sounds like you have experienced retaliation, not all forms of retaliation are unlawful. Only retaliation for engaging in protected activity or because of your membership in the protected class of people is protected and hence unlawful. Your post, however, does not disclose any illegal... Read more »

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