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 Tina Your Own Question

Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31985
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
4460311
Type Your California Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds

I recently had to call in sick due to a backache (previous

Customer Question

I recently had to call in sick due to a backache (previous car acident). My supervisor (the program director) commented to me "Ahh! That's for old people", to which I did not reply. The following pay period, I noticed my check was short ( few hundred dollars). No one had put in my sick days. I was told I would have to wait until the next pay period (two weeks). I requested to speak with human resources to see if a check could be cut that day. In short, I was paid. Since then I am experiencing more "weird" things going on (evaluation marks, vacation requests declined..). Right now everyone is approved for vacation all the way up through November. I submitted a vacation request for the end of July back in April. My vacation has not been approved and has "pending" noted by my name. Should I be concerned that I, a Black woman, am being discriminated against?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

The supervisor was referring to sick pay when they made the comment that it was for old people?

Are you over the age of 40?

Have you taken FMLA leave for the missed time?

Customer: replied 2 years ago.
I am over 40. I did use my sick leave for the three days that I was out.
Expert:  Tina replied 2 years ago.
I see.

Since it appears you are being treated less favorably than similarly situated employees, there is reason for concern.

It is not clear to me though whether the supervisor may be engaging in race discrimination, age discrimination (because of the comment about age), or perhaps retaliation for taking FMLA leave if that statute was applied to your sick days as well. Federal and state law prohibits all 3 types of discrimination/retaliation.

Because you do have reason for concern here, I would retain a local employment law attorney to guide you through this situation further.

For age or race discrimination (age discrimination appears more likely at this point because of the comment, but if the individuals being treated more favorably are not necessarily younger but are not minorities, race discrimination could be involved instead), one would typically file a complaint with the HR department in an attempt to promptly resolve the matter.

If it is not resolved, then a complaint would be filed with the state Fair Employment and Housing Commission.

For a FMLA violation, an attorney would usually attempt to resolve the matter on your behalf or file suit against the employer in federal court.

In any case, you should have an attorney reprsenting you going forward because it does appear that some sort of discrimination/retaliation is involved.

Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction.

Thank you and all the best to you,

Tina

If you experience technical problems, please let me know or contact support@justanswer.com

Tina, Attorney
Satisfied Customers: 31985
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
I apologize, I was unable to edit my question. Where race would come into it is, in an evaluation done on me by the program director (who has less education than I with graduate degrees in Criminal law and Psychology) I saw a comment made that stated "Oral communication skills need improvement to meet expected standard.This could be cultural". That evaluation never made it to me, however I made copies.
Expert:  Tina replied 2 years ago.
I see. No problem.

Yes, that comment could suggest race discrimination. If that is coupled with evidence that non-minority employees are being treated more favorably, then that would provide a basis for pursuing a race discrimination claim typically.

Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction.

Thank you and all the best to you,

Tina

If you experience technical problems, please let me know or contact support@justanswer.com

Customer: replied 2 years ago.
Thanks you so uch for your time!
Customer: replied 2 years ago.
Again, thanks so much for your time!
Expert:  Tina replied 2 years ago.
You are very welcome. Good luck to you and take care.

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:

    933
    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:

    933
    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:

    849
    JD, 16 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:

    330
    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:

    3443
    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.