How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawTalk Your Own Question

LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 937
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
15277592
Type Your California Employment Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

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.

** NEED ATTORNEY IN THE LOS ANGELES AREA **    (Live & Worked = SFV)

Thank-You!!
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 2 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 2 years ago.
Yes... I am still waiting.
Thank-You!!
Expert:  Fran-mod replied 2 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 2 years ago.
Shortly... today? Shortly... next week? Smile
Expert:  Fran-mod replied 2 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 2 years ago.
YES... PLEASE keep searching!
Expert:  Fran-mod replied 2 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 2 years ago.
Can we keep searching please?!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    888
    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    334
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3755
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 

Related California Employment Law Questions

Chat Now With A California Employment Lawyer
LawTalk
LawTalk
Attorney at Law
937 Satisfied Customers
I have 30 years of experience in the practice of law, including employment law and discrimination law.