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Category: California Employment Law
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Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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NEED ATTORNEY- Wrongful Termination/Sexual Orientation Hrsmt

Customer Question

Wrongful Termination / Sexual Orientation Harassment / Falsifying California State documents....
I am a gay male and I was working full-time (hourly) for a Post-Acute / Long-Term Care Hospital & Residential Care Facility as an Activities Assistant for 8 months. I am an undocumented worker and my employer hired me being 100% aware (I was even paid through the hospital's 3rd party payroll company). In December one of the patients/residents had two on-the-clock hospital nurses in her room making negative gay slurs and comments etc that were directed at me by name. That same day I reported the incident to the supervisor of the nurses (not the top hospital director). I didn't want it to turn into something big... I just wanted to make sure that it wasn't going to happen again. 2 days later I was called into the head Hospital Directors office to explain the situation. Everything was verbal and the director assured me that it would not happen again and at the very least the nurses would be put on suspension. Approx 2 weeks after that... I was called into the Hospital Director's office again. This time I was put on unpaid suspension for pending an investigation for 'claimed' patient abuse (which is crazy). The next week I was contacted by the hospital administrator via phone for an appointment that day to see her. When I got there, I was told that the investigation results found the abuse claims to be true and I was immediately terminated. (California law states that all long-term care hospitals report any form of abuse within 48 hours of it happening with a full written report). At that time I asked to see my employee work file and I was denied and was told that I needed to supply a written request (which is untrue). I immediately went home, wrote up a written request to see my file and went back to my employer with the request. Again I was denied. The next day I sent by certified mail a copy of my request letter to the hospital administrator. The next week I received a call from the administrator asking why I had not come by to view my EE file. Went to view my file same day. There was some general HR paperwork and nothing else very specific. I had no write-ups, I have NEVER missed 1 day of work and I was NEVER late for work. There was no sexual harassment complaint, nothing in regards XXXXX XXXXX type of disciplinary action, no investigation research or findings and no termination paperwork. Basically, because I am an undocumented worker, they didn't want a paper trail on me, but since I asked for my file, I know they were buying time to falsify paperwork and reports etc. Do I have a case for any of the following;
1.) Sexual Orientation Harassment
2.) Sexual  Harassment
3.) Retaliation Termination
4.) Wrongful Termination

• Employer threatened me by implying my undocumented status would get me in trouble with immigration. • I was threatened by the owner’s daughter (one day after I made the verbal complaint) that if a written report was turned in about the sexual orientation harassment, that I would be terminated the same day. • The week before my termination (when I was on suspension), the hospital owners daughter called and offered me a payoff of $1,000 in exchange for me to keep my mouth shut, destroy any written documents of my harassment complaint, turn in a written resignation the next day and to keep a low profile. (I declined and a few days later I received the call to meet with the hospital administrator, in which I was terminated). • Employer was 100% aware of my undocumented status (even used my ITIN as Social security for payroll) • Lying / Falsifying Documents / Withholding Employee Info & Denying access to own work file (even w/ written request). • Did not notify CA-State of any reports/complaints or supply the required-by-law written documentation pertaining to the Harassment, Termination or Patient Abuse claim/investigation or results.


Submitted: 4 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 4 years ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 4 years ago.
Yes... I am still waiting.
Expert:  Fran-mod replied 4 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Customer: replied 4 years ago.
Shortly... today? Shortly... next week? Smile
Expert:  Fran-mod replied 4 years ago.
Thank you for your patience, your business is very important to us, we are waiting on the Expert with the right expertise to come online. Feel free to let us know if you would like us to continue searching for an Expert or if you would like us to close your question. Thank you for your understanding!
Customer: replied 4 years ago.
YES... PLEASE keep searching!
Expert:  Fran-mod replied 4 years ago.
Please understand that it’s rare when we cannot find the right Expert. Nevertheless, because you are entitled to your money back with no questions asked, we will process your refund immediately upon your request. Please accept our sincere apology. We hope you’ll think of us again when the need arises.
Customer: replied 4 years ago.
Can we keep searching please?!

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