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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11029
Experience:  Significant experience in all areas of employment law.
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Yesterday, I was asked to appear in my managers office with he human resources employee co-ordinator and I was taken off the schedule today. I was not given a reason for this meeting, I was told it could not be discussed until the meeting. I have worked for this employer for almost four years, I can tell you there have been many whistle blowing incidents that I have been marginally involved in, including missing breaks and not receiving two breaks for 12 hours of work. I am very nervous and don't know how to be prepared for this meeting
Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service.

I am very sorry to hear that you were taken off the schedule and not told of the reasons until this meeting. Can you please clarify for me what your specific legal question is regarding the situation?

I very much look forward to assisting you regarding this matter.
Customer: replied 4 years ago.
I just want to know how to prepare myself for this matter, my immediate supervisor is a bully, although she is not the one conducting this meeting, I am very nervous, I recently reported my immediate supervisor and another nurse to the director regarding what I feel are inappropriate religious comments and actions at work.
Thank you very much for clarifying and for your patience in allowing me to respond.

Offensive religious comments can give rise to a claim for hostile work environment, and retaliation against an employee who reports such hostility would be illegal. However, in order for a valid hostile work environment claim to arise, and thus protection from retaliation for complaining about it, the harassing conduct must typically be severe.

The courts have made clear that they will not be the arbiter of all employee disputes. Hostile work environment claims, along with the protection of state and federal anti-discrimination laws, cannot be premised upon single or isolated incidents unless those incidents are extreme and outrageous. Title VII.” Rogers v. EEOC, 454 F.2d 234, 4 EPD ¶ 7597 (5th Cir. 1971) (finding that a “mere utterance of an ethnic or racial epithet which engenders offensive feelings in an employee would not affect the conditions of employment to a sufficiently significant degree . . . "

Employers can require employees to attend meetings and can remove employees from the work schedule without advanced notice. Thus, the best course of action is typically to attend the meeting and provide honest and forthcoming responses. If any statements are made during the meeting that would tend to support a claim for "retaliation" arising from your report of offensive comments, make note of those statements. It is also a good idea, to the extent practical, to correspond in writing with your employer. If you have a verbal conversation, send written confirmation of it as a followup.

Doing these things will create the necessary documentation of any harassment or retaliation that an individual in your circumstance would need to prevail on their claim.

An individual who believes he or she has been the subject of unlawful discrimination or harassment and wishes to file a lawsuit must first file a formal complaint of discrimination with the federal Equal Employment Opportunity Commission (EEOC) or California's Department of Fair Employment and Housing. Either the EEOC or the DFEH will issue an authorization to sue after they investigate the claim. A claimant need to file with both agencies. Finally, if an individual in your circumstance decides to sue, they must not miss their deadline. Under federal law in California, a claimant has 300 days from an act of discrimination to file a complaint.

For information on how to bring a claim through California's DFEH, visit this link: For information on how to bring a claim through the EEOC, visit this link:

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
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