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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5028
Experience:  Extensive experience representing employees and management
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After being fired a meeting was held to tell the staff that

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After being fired a meeting was held to tell the staff that I was let go and the Director stated "we are changing the culture" and a staff member asked "so your getting rid of all the blacks?" I was let go because I was a kind person. I had no ethics compliance complaints but the other supervisor that did not care for me has had multiple complaints and they were ignored. I was let go because I wrote annual evaluations that the Director did not find favorable. There was a harassment claim that was proven to be not valid and was excused but after interviewing me the previous week regarding the allegations I was let go but the other supervisor that has called the staff "roaches" and again has had multiple harassment claims placed upon her is still working. I was told to never speak to any of my employees with a closed door and I was also told that I could never speak to my employees about anything that was not work related. Do I have a case against this employer? I have also never had a bad review and upon termination I was told numerous times by HR and the Director that I was a good manager. Again the supervisor that has been derogatory to the staff as well as myself was kept on but staff are afraid to speak up because of retaliation.
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 a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

What question do you have regarding your situation?
Customer: replied 2 years ago.

Can I take them to court for unjust termination. By making the statement to all the employees that they were changing the culture and being the only supervisor of color in the office and one of the employees asking "does that mean your getting rid of all the blacks" make for a discrimination case. Can they let me go because I was not liked by one of the other supervisors? Can they let me go based on one investigation and keep on a supervisor that has had multiple investigations about her negative actions? Can they let me go because annual review were prepared but not given that showed that improvements were needed but because the Director did not like the review, she felt that they were vindictive or spiteful? I need to know what direction to go.

Expert:  Joseph replied 2 years ago.
You do have the basis for a complaint based on discrimination due to race in violation of the Fair Employment and Housing Act.

You can file a complaint against your employer using the instructions available online here:

http://www.dfeh.ca.gov/Complaints_eCompProc.htm

The Department of Fair Employment and Housing will investigate the complaint and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your employer with a private attorney.

That said, unfortunately, if the employer is terminating you due to reasons that are not discriminatory, then the employer's actions would still be legal, alhtough unfair.

This stems from the employment at-will doctrine which is codified in California Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."
Customer: replied 2 years ago.
Thank you. Do I need to get witness documentation regarding what has been observed by the employer during my tenure? I understand that I am an "at will" employee but I thought that there should be documentation to substantiate reason for discharge? What do I do in regard to "defamation of character?" Can I take an individual as well as the organization to court for the statements?
Expert:  Joseph replied 2 years ago.
You can get witness documentation regarding what was observed by the employer during your tenure, but the investigation should also be successful in obtaining documentation as well.

Unfortunately, the employer doesn't have to give any reason for your discharge or to have any supporting information to authorize your discharge as an at-will employee.

You could take the individual and your employer to court for defamation for false statements made about you.
Customer: replied 2 years ago.
What type of lawyer/attorney should I seek for the defamation of chacter as well as for the discrimination?
Expert:  Joseph replied 2 years ago.
You should seek an employment lawyer.

You can find one online here:

http://www.lawyers.com/Labor-And-Employment/California/browse-law-firms-by-city.html
Customer: replied 2 years ago.
Thank you for your time. I was able to check out the provided website and list. Have a great Easter weekend.
Expert:  Joseph replied 2 years ago.
Thank you; you too!

Best of luck!
Joseph, Lawyer
Satisfied Customers: 5028
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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