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Ask Tina Your Own Question
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I was trying to transfer to a different division (class of

Customer Question

I was trying to transfer to a different division (class of work) within the same company and after leaving my old position and got filled. I went to the new job and did the orentation also work for two more days, on the third day I got a call from the District Manager telling me that there was a problem with my driving record. so now I am not qualify to work for them and the other class of work doesnt have my old position open. I being calling Human Resourses and they have not call me back. What should I do?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or other protected status?

What is the problem the employer is having with regard to your driving record? Are other employees in this type of position required to comply with the same requirements?

Customer: replied 4 years ago.
About my driving record, they said that I have too many points on my record, I never felt discriminated at my old job, but now I kinda feld because they were questioning about my two last names.
Expert:  Tina replied 4 years ago.
I see.

So you think the employer may have been discriminating against you on the basis of your national origin or something else? Not that they had a legitimate reason to ask about your two last names?

Was your old position filled by someone who is not a minority?
Customer: replied 4 years ago.
I just felt weird when the lady was asking me about my last names. My old position got filled with a guy with no experience. Instead of hiring within the company, they hired someone from outside the company. I heard that an old Manager promise him the job and by law they have to give it to him.
Expert:  Tina replied 4 years ago.
I see.

I don't have enough information here to aid in determining whether the employer may have engaged in prohibited employment discrimination.

If they did not, then there would typically be no basis to pursue legal action against them unless they violated a contract with you, or an implied contract based on their policies, which it does not appear occurred.

If their offer was a ploy to get rid of you knowing that you would not qualify for the new position, and you are a protected minority, and they replaced you with someone outside of that protected class, then a complaint should normally be filed with the State Fair Employment and Housing Commission charging discrimination in employment, seeking lost wages and benefits as a result of their actions.

I hope you found my answer helpful, even if the law is not in your favor; please click on the ACCEPT button and/or SMILEY FACE once I have answered your question. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.

Customer: replied 4 years ago.
Not very helpful, what should i do?
Expert:  Tina replied 4 years ago.
I can only be as helpful as the information I have allows. I don't yet know whether you believe you may have been discriminated against based on your national origin as I previously asked you because of the questions about your name. The fact you were uncomfortable about the employer's questions doesn't aid me in attempting to answer your question at all.

If you wish to provide additional information in response to my questions, I may be able to provide more information for you.

Thank you.

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