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California Employment Discrimination Questions & Answers
Q: I was fired on my birthday, during my third week of employment. Possible hostile work environment. Where do I start?

I was referred to as "Lawrence Olivier" by my boss. He was famous for blackface.

I am black.

Other jokes about green cards were made...I applied for a job as assistant manager. They made me a receptionist instead, saying if I proved myself I could become an assistant.... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 26, 2021

Absent an unlawful motive, it is not unlawful for an employer to act as you have noted. It would only be considered unlawful if you can prove that the motivation for the employer's conduct is race (or national origin if the green card comments were related thereto). Proof will be the issue.... Read more »

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Job title changed now we are trying to force me to change back

I work for a motel in California I was hired at the house I got promoted the front desk and now because the owner doesn’t want to hire a new housekeeper and wants to get someone in front desk off the books he’s trying to force me to do housekeeping again and I don’t want to is that legal?

Neil Pedersen
Neil Pedersen answered on Jul 18, 2021

Perfectly legal. You are employed at will unless you have an agreement to the contrary with your employer about that status. The employer of an at will employee can change the terms and conditions of employment, including job title and job responsibilities, at any time and for any reason or even... Read more »

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Q: The Worker's Compensation Atterney I hired settled my PD claim w/o my consent

I told him no i wanted full disclosure of my claim and need to ask the judge for some of my $125,642 award i was put as permanet and stationary way to early by my PTP when still getting my right hand,fingers,thumb,wrist from pulling radial nerve out of my bicept from jobsite fall ,and my back and... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 13, 2021

You have not asked a question.

This Q&A board is not a place to solicit an attorney to work for you. It is a place to get general legal guidance.

Speak to your attorney about this. You cannot be forced to sign a settlement that you do not agree with. However before you walk...
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1 Answer | Asked in Employment Discrimination for California on
Q: I am being layoff after 15 year of service at no fault my own. What can I legally collect?

1) I received a raise this year and double bonus last year , should my employer pay my prorated bonus this year

2) A similar job is being recruit online , but HR never offered us, is this legal?

Louis George Fazzi
Louis George Fazzi answered on Jul 7, 2021

You should contact a lawyer who is experienced in employment law. You can find good attorneys who can help you at the California Employment Lawyer's Association (CELA) https://cela.org/

There are lots of good lawyers who practice employment law in Los Angeles County. You can find them...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: being framed for violating protected act(CA) against a female employee

HR pulled me on a casual conversation bw co-worker and me that occurred 10 weeks back. during it she mentioned she stays with her parents in a latino family, I shared that I lived in a latino neighborhood and people were very nice and made / shared food with us, and cali has good latino pop, all... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 5, 2021

You have not asked a question, only provided a set of facts. It is therefore hard to know what you seek from the Q&A board.

First, this board is not a place to solicit an attorney to work for you. If you believe you have a legal claim your need to seek out and then contact attorneys...
Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my job for wrongful termination?

Can I sue my job for wrongful termination?

I got fired from my job recently. They basically told me I got fired for “disruptive talk and behavior.” At the place everything you do and say is all audio/video recorded. They won’t give me any information on anything. They also said I got... Read more »

Maya L. Serkova
Maya L. Serkova answered on Jul 2, 2021

You are an at will employee. At will employment essentially describes a working environment in which employers are free to terminate employees at any time, without cause, explanation or prior warning, provided it does not violate state and federal anti-discrimination laws. Specifically, it is... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: If I reported sexual harassment to my HR and she sent me back to the office to work with him can I sue for distress?

I live in California. I reported him and had video proof of him taking up skirt photos of me. instead of sending me to a separate room or home she sent me back to office where we were only a few feet apart. I hid under my desk because I was afraid to face him and wasn’t sure if HR was going to... Read more »

Neil Pedersen
Neil Pedersen answered on Jun 8, 2021

The answer to your question depends on what happened after you were sent back to work in the same room. If no further harassment occurred, there is likely no violation of the law. The employer does not have to transfer or terminate an employee accused of harassment if the employer can prevent... Read more »

Q: Looking for proper care before I get vaccinated. Ca Governor acting in pure discrimination.

Politicians are not Drs. Not only that my job instability crippled my ability to hold down a proper dr. So far the medi-cal provided ones have not shown any investment with concerns on infertility and potential blood clots. How is his push to reward those that are vaccinated not a form of PURE... Read more »

Neil Pedersen
Neil Pedersen answered on May 29, 2021

I am sorry but this does not appear to be a question but more of a rant.

I understand your concerns but vaccination has been held to be a lawful way for the government to attempt to control certain deadly medical conditions throughout the last decade. Exceptions exist for those with...
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1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for California on
Q: How can I find out why a non-profit organization I recently worked for and was unjustly fired from is about to close?

I was fired after more than 15 years by a new director of the program I worked at for the last 7 of those years, bc I challenged her abusive authority. I originally wanted to sue for unlawful termination however I did not want my ex-co-workers affected. Now most I knew have left or been fired so...

Neil Pedersen
Neil Pedersen answered on May 5, 2021

There is no easy way to find out why a non-profit closes its doors. Look for news articles on the internet, or if you know any of the major donors, perhaps they have been provided with information.

As to your desire to sue for wrongful termination, I doubt you have a meritorious claim....
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1 Answer | Asked in Employment Discrimination for California on
Q: Is it legal for an employer to tell other employees they don't have to wear masks but I have to or be threatened
Neil Pedersen
Neil Pedersen answered on May 4, 2021

In California, employees are considered to be employed at will unless you have an agreement to the contrary about that status with the employer. The employer of an at will employee can change the terms and conditions of employment for any employee at any time and for any reason or even no reason... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Have a wrongful termination case. my last attorney and I had a "breakdown in communication"

He asked me to seek other counsel but wanted me to be the one to dismiss him. I believed, at the time, my case would be more appealing to other attorneys if they left me rather then me leaving them, on a contingent case.

I have not been able to find an attorney since. Now, I think I may... Read more »

Neil Pedersen
Neil Pedersen answered on May 3, 2021

Disrespectful no. However, it is always a red flag for an attorney looking at a case when the client had a prior attorney who no longer wanted to work with the client because of a communication breakdown. No attorney wants to take on a case that will turn into a nightmare where the client and... Read more »

2 Answers | Asked in Employment Discrimination, Employment Law and Contracts for California on
Q: I used to work for a flight school.My manager informed me that I could take flight lessons, build a balance & the owners

Would clear my balance for being an employee, just as I witnessed they did with other employees because this was one of the benefits working there. After a year of working there, I discovered my manager was stealing from the company so I informed the owners and they fired her. I stopped working... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 24, 2021

I suggest you do two things.

Consult with an attorney experienced in employment matters.

Contact the Labor Commissioner's office and ask for help getting your full pay and the benefits the employer promised you.

You can contact the Labor Commissioner's office by...
Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Employer is seeking a deposition for an incident that happen when I was a minor during my hiring process.

Do I need to disclose the report?

Louis George Fazzi
Louis George Fazzi answered on Apr 21, 2021

You really have not disclosed sufficient information to allow for meaningful advice. Whether you were a minor at the time is of little relevance now. If the employer wants to take your deposition, the only thing you need to know is to tell the truth. To do that, you have to listen carefully to each... Read more »

2 Answers | Asked in Employment Discrimination and Sexual Harassment for California on
Q: Ive complained about nothing being done about sexual harassment and am now being treated poorly by supervisors

I work at a school and have had multiple comments made to me by students. I have reported it all to my supervisor, and her supervisor as well. The students had no consequences. The counselor came in a did a presentation for a few students talking about what sexual harassment is. I met with both... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 13, 2021

You can contact the California Department of Fair Employment and Housing (DFEH) or the Federal government's Equal Opportunity Employment Commission (EEOC) and file a claim for sexual harassment. Here's the link to the DFEH: https://www.dfeh.ca.gov/ and here's the link to the EEOC:... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Can I sue my boss?

I currently work with a plastic surgeon and he’s belittles me Infront of patients and calls my stupid behind my back and he doesn’t give me a break, I don’t take break at work not only does he humiliate me but he constantly calls me for his personal problems to call his “girlfriend” to... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 9, 2021

It sounds like you work in a truly awful work environment. However, little you have noted is actually unlawful.

It is not unlawful for a boss to belittle, bully or talk about you behind your back. Similarly, it is not unlawful for a boss to require you to do things that are not related to...
Read more »

2 Answers | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for California on
Q: I was fired because i was pregnant, my lawyer wants me to settle for 100k. Should I?
Louis George Fazzi
Louis George Fazzi answered on Mar 14, 2021

That is a question you should discuss with your lawyer. You can ask him/her to give you a legal analysis in writing of all the reasons why this should be a good and reasonable offer, given the facts of your case. This is, of course, something you should have discussed with your attorney ahead of... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Are there any laws protecting temporary/contract employees in CA from false allegation and wrongful termination?

Im at my desk building a guide for the company procedures before my shift started. A fellow female full time employee was there in the area we shared at her desk which is at least 15 feet from mine. After finishing my notes I politely asked the employee if it would be a good idea if she myself and... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 13, 2021

I am sorry but the circumstances you report likely give you no protection from being disciplined or terminated.

In California you are considered to be employed at will unless there is an agreement to the contrary with your employer about that status. The employer of an at will employee has...
Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I feel that racial discrimination and favoritism of race has been going on in my company. What can I do?
Neil Pedersen
Neil Pedersen answered on Mar 9, 2021

The best first step is to have a consultation with an employment law attorney who can consider specifically what is happening and whether it is possible to correct the conduct and seek compensation. Therefore it would be wise for you to locate and consult with an experienced employment law... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: Can office job bosses require women to wear earrings to work?
Louis George Fazzi
Louis George Fazzi answered on Mar 8, 2021

It would help if you provided more information. It seems you have asked at least 4 similar questions along the same lines. But you don't offer any details about the nature of the work, the kind of company where the work is, or other context for how this issue arose. Most lawyers like to know... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: Are office job bosses allowed to require women to wear sandals, flats, or only footwear not fully covering the foot?
Louis George Fazzi
Louis George Fazzi answered on Mar 8, 2021

That depends: on the nature of your work/job, the purpose of the requirement, what men in similar jobs are required to do, etc. What documentary evidence do you have for such a requirement? Take a good look at that, and perhaps go to your human resources department, if you have one. I'm having... Read more »

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