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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37967
Experience:  Retired (mostly)
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I am a student working in a restaurant. I believe I am not

Customer Question

I am a student working in a restaurant. I believe I am not being treated fairly because I was skipped for a promotion and someone was newly hired to take the job I was a candidate for, even though I was perfectly qualified. My employer told me that they could not hire anyone "at this time". I have to sweep floors while the other worker is a waiter. My co-workers consistently harass me at work and even cheat on the state health code exam. Should I just quit this job?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
Hello,

What exactly do your coworkers do to harass you?

Why to you believe the new hire was promoted over you?

How does the employer cheat on the state health code exam?

Customer: replied 5 years ago.
Customer

Did you get my response?
Expert:  socrateaser replied 5 years ago.
No. Sorry, but I did not.
Customer: replied 5 years ago.
The coworker with the exam cheats on it by obtaining the answer sheets (I do not know how she obtained these). This happened tonight. I took my exam several months ago.

My coworkers yell at me, make fun of my appearance, and push me out of the way.

I don't know why the other coworker was hired over me. I get conflicting responses from my employer.
Customer: replied 5 years ago.
Hi:

Thanks for helping me with this. I've had a long day so I'm going to log off. If you are going to continue to give me feedback, can I see your responses if I log back in a day or two?
Expert:  socrateaser replied 5 years ago.
If you can show the County Health Department that the employees are cheating on the food handler's card test, then the department may invalidate their cards, and the result would be that none of the employees can work until the take a new test. Also, by making a report to law enforcement, you would be protected from losing your job under the state whistleblower laws. See this link for a list of county health boards.

Re your coworkers harassment, if you believe that any of this is related to your race, color, nationality, religion, ancestry, sex, sexual orientation, pregnancy, age or disability, then you can file a complaint with the Department of Fair Employment and Housing.

If the harassment is based on some bias unrelated to unlawful discrimination as above described, then you cannot file a complaint.

Hope this helps.

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