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California Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination for California on
Q: I worked at Wells Fargo for 13 years and throughout my time there there was many incidents that I was passed up for

Promotions. Last incident was I was expected to be acting branch manager since we didn’t have one. Perform and run the branch and I applied for the opening and wasn’t even considered for an interview. I worked as acting branch manager for 2 months. I was a service manager and my qualifications... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 2, 2021

I am sorry this has happened to you. It is always disappointing when a company does not reward years of quality work with promotions. However, an employer has the right to promote, not promote, demote, discipline and terminate any employee at any time and for any reason. The only way your facts... Read more »

3 Answers | Asked in Employment Discrimination for California on
Q: Do I have a pregnancy discrimination case?

Do I have a case of pregnancy discrimination?

I was supposed to get bonus on December, I left the office on July due to pregnancy related issues. i was in pregnancy disability and paid family leave. I ask for my bonus but my employer said since he only have 3 employees, he does not need me... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 2, 2021

There is a lot more information I would need to be able to give you solid advice.

Based on what you have said, however, I can't see a pregnancy discrimination claim here.

A bonus is not regular salary in the ordinary case, unless there is a bonus structure and you have met all...
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2 Answers | Asked in Employment Discrimination for California on
Q: Hello, I have been on work furlough since March 2020 . I have not been called back.

Some peers were called back and even got promoted during this time. I would have been eligible to compete for the position but due to furlough I was never given the opportunity. Is there anything I can contest and how long can I be furloughed. I called to find out my status in July but was given an... Read more »

Brad S Kane
Brad S Kane answered on Nov 16, 2021

There is a limited right to re-employment in the hospitality industry if you were working for a large employer.

The rules for San Diego are addressed in the article below....
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3 Answers | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: Would any of this be considered retaliation or just a typical judgment call by my employer?

A few years ago, I reported a coworker for harassment and stalking. After a month, the coworker was eventually fired for a separate complaint from another department. My claim, it turns out, was never investigated or recorded. I didn't find this out until after I was no longer assigned to a... Read more »

Ian Pike
Ian Pike answered on Nov 15, 2021

It can be a violation of California anti-harassment law if a supervisor grants or withholds employment benefits because a subordinate either accepts or rejects sexual advances. We call that "quid pro quo" sexual harassment. It sounds like you have a supervisor who is getting angry at you... Read more »

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2 Answers | Asked in Employment Discrimination, Employment Law and Family Law for California on
Q: Can my employer deny my domestic partner healthcare coverage? We live in California; fam. code section 297 suggests no.

Employer (FedEx), who provides fully paid coverage is saying they aren’t covering domestic partners at the start of the nee year. All California bills/acts I’m reading suggest that is not something they can do. HR has been twisting themselves into pretzels to try to make a case that they are... Read more »

Brad S Kane
Brad S Kane answered on Nov 14, 2021

While I am not aware of any California law requiring employers to provide health insurance, I believe that employers that offer health insurance to spouses, must also offer them to domestic partners. I believe that you should contact the California Department of Insurance for assistance and/or... Read more »

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1 Answer | Asked in Civil Rights, Employment Discrimination, Environmental and Identity Theft for California on
Q: How do resolve current issues
Maya L. Serkova
Maya L. Serkova answered on Nov 13, 2021

Your post is missing the actual facts. Please resubmit your question with a description of your issues. This will help us better assist you.

2 Answers | Asked in Employment Discrimination for California on
Q: Greetings.. This is in the CA state—

I hired a law firm to represent me in a case of Harrasment, Sexual Harrasment, Discrimination, Whistleblower, Retaliation, Wages not paid , Failure to give breaks. I left on a medical leave since things got bad with my health, seeing Psychiatrist/Psychopharmalogist and Psychologist PHD for months... Read more »

Maya L. Serkova
Maya L. Serkova answered on Nov 12, 2021

Your attorney is correct that there are certain civil deadlines that can not be circumvented. Once the case is filed, there are even stricter civil deadlines that your attorney has to deal with. If the attorney misses these deadlines, this can affect your case negatively and an attorney can be... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: I was demoted with no clear reason and no explanation from HR with no reports of poor performance. California

I was a director of product management from Nov 2017 to Nov 2020 and was demoted to Lead product manager with a pay cut. 166K to 150K

The demotion notice was out of a blue from my manager around Oct 2020. They offered termination or take a demotion. I'm still doing the same work and... Read more »

Maya L. Serkova
Maya L. Serkova answered on Oct 30, 2021

I am sorry this has happened to you. In California, you are considered an at-will employee unless you have a valid contract to the contrary about your employment status. At-will employment essentially describes a working environment in which employers are free to change the terms of employment,... Read more »

1 Answer | Asked in Tax Law and Employment Discrimination for California on
Q: my boss gave me a 2-week suspension, during which, i saw my job on craigslist, and wasn't allowed back to work.

I worked for my (ex)boyfriends family business for over a year and about 2 months after we broke up i started seeing a coworker when my ex found out he punched the coworker and the boss "his dad" said we all 3 had to have a 2-week suspension to cool off. However, during the 2 weeks, I... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 21, 2021

In California you are considered to be an at will employee unless you have an agreement to the contrary with your employer about that status. That means you can be terminated at any time and for any reason or even no reason at all. If the employer views you as being a disruption - whether that is... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I be let go after another employee injured me at work ? What can I do

I was a temporary worker trew an agency

Neil Pedersen
Neil Pedersen answered on Oct 1, 2021

Far more would need to be known about the situation.

First and foremost, if you have not done so already you need to locate and retain a workers compensation attorney so that you can receive all that you are entitled to receive as a result of the workplace injury. Act quickly on this....
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: concern for wrongful termination, discrimination of protected class, ageism.

68yo teletherapy psychiatrist terminated BY EMAIL and instructed she HAD TO sign the document. An extended unpaid leave was forced on Dr earlier in year after she went into ICU for blood infection. She was told in the email that she was counseled twice for being abrupt with nurse,... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 1, 2021

I am sorry to hear this is happening to you. It must be quite upsetting given the long term effects of these actions.

This is the kind to thing that I think you would be far better off by getting specific, confidential guidance from an attorney, rather than through a short answer in a...
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2 Answers | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: Well I had miss my hearing and now they say my case close hour and wages. 2018

I had provide them a letter of my family death. I could not function on anything. They say it wont reopen. Help me support me. I think the company did not have no comp insurance because I was injured they just export me out because sexual harrisment. Boss taken picture of me in the private bathroom.

Neil Pedersen
Neil Pedersen answered on Sep 26, 2021

Your post does not disclose what kind of hearing you missed. Was it an EDD appeal, or a workers compensation hearing, or a court hearing in a lawsuit? Each of these forums would require a different answer.

Given some of the things you have reported, you may well have legal rights that...
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1 Answer | Asked in Employment Law, Civil Litigation and Employment Discrimination for California on
Q: I was hired after I passed all my screening and scheulded a orientation date. Background passed etc...

went to orientation got my name badge and all next morning I check my emails a second background was checked and now my job was to be determined. Walmart has offered to pay me two different amounts I got my right to sue letter from department of fair housing can someone help me get litigation... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 25, 2021

It appears you are asking someone to assist you suing the employer. Unfortunately, this Q&A site is not the place to solicit an attorney to work for you. You are going to have to locate and talk to one or more attorneys to find one that is willing to take your case, and that you would like to... Read more »

3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: What are proper steps to take ? Should I get a lawyer first?

So since working for employer I have had missing wages issues that never were addressed after a month of getting the run around I felt hopeless because the clock in were changing when I am well aware of my clock in times. Sunday was my normal schedule day and 4th of July landed on that day I was... Read more »

Niran Grimberg
Niran Grimberg answered on Sep 14, 2021

Under California Labor Code 1102.5, if you complain to your employer about something you reasonably believe to be unlawful, and the employer retaliates against you (in this case terminated you), you may have a case for whistleblower retaliation. I would recommend seeking a free consultation with an... Read more »

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4 Answers | Asked in Employment Discrimination, Employment Law and Personal Injury for California on
Q: Can you help me sue my employer, the city of Oakland.

I have a workers comp case (Psych) as a result of bullying and threating by an operations manager. 1. I was retaliated against for filing a complaint (Denied a promotion, interference by Director of Public Works in the Workers Comp process) . 2. I was also harassed, discriminated against and... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 13, 2021

Unfortunately, this Q&A site is not a place to ask attorneys to contact you to work for you.

If you can prove you were harassed and discriminated against because of your religious beliefs, you may well have a meritorious legal claim.

Whether or not you would have a meritorious...
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1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: I need a lawyer to represent me in a wrongful termination against the county of sd hhsa
Niran Grimberg
Niran Grimberg answered on Sep 13, 2021

My advice to you would be to seek out an employment attorney (most give free consultations) as soon as possible and give them the facts of your case so that they may assess whether you have any legally actionable claims.

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: I got suspended at work I got my last check I got a mental breakdown over switch of my morning schalue .

Change my morning schalue I told him that I wasent able but yet refused to listening to me . I got a nervous breakdown and I grab a nife and nife and put it on my neck they call the police took me to a mental hospital and got out the same day . I took the papers to my manager but decided to suspend... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

You need to consult with a worker's compensation attorney right away.

2 Answers | Asked in Health Care Law, Employment Law and Employment Discrimination for California on
Q: My mental health breaks may cost me my job.. I’m not sure if they are supposed to count against me?

Recently diagnosed with bipolar 2. Have been having huge episodes happening and 1 recently while on break at work. I am taking a 2nd mental health day to try and get all this under control with my meds. My position has a rule of no more than 3 incidents (absence) within 6 months. This would be my... Read more »

Brad S Kane
Brad S Kane answered on Aug 31, 2021

If you qualify for the California Family Rights Act or the Federal Family Medical Leave Act, those mental health breaks should not count against you, if you get a certification of your need for intermittent leave from your doctor.

In order to qualify, you must have worked 1,250 hours in...
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2 Answers | Asked in DUI / DWI, Employment Law and Employment Discrimination for California on
Q: I was let go from a job due to disclosing personal information regarding a DUI, I believe I was discriminated against

I worked for a group home for foster children. My role in the agency had nothing to do with driving (especially since it was during the shutdown and pandemic of 2020) I handled all meetings and company purchases online. In fact, all children at the agency which they claimed I would have to drive... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 14, 2021

Your headline question says you were let go but your post says you quit. Big difference.

There would have been nothing unlawful about your employer terminating you because of your DUI even if your job did not involved driving. Furthermore, your employer would have had the right to...
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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Discrimination for California on
Q: The City is destroying my business, do I have a case to sue them?

I want to sue the City of Los Angeles for having businesses require people to have the Vaccine. I will not get the vaccine due to religious & ethical beliefs as I am a Vegan. The vaccinated are spreading the virus through carelessness & unhygienic actions & now I am being punished for... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 12, 2021

I believe it will be impossible for you to find an attorney to work on this case on a contingency fee basis. Not only is the chance of success so low that it would be a terrible business decision to work on the case on a contingency, but there is likely not enough money involved to interest a... Read more »

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