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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5221
Experience:  Extensive experience representing employees and management
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I have worked for this company for 8yrs and 10 months. I was

Customer Question

I have worked for this company for 8yrs and 10 months. I was hired on as a Dept Mgr and then "demoted" to head cashier 3 months later without any explanation. I have trained every SOS/Credit associate in our district, I have been to 7 mass receivings, I have knowledge in the front end, back end and money room. I tried to apply for a management position 9 times in 2 years, and never once got an interview. We've had 1 female Assistant Mgr in 9 years. The only excuse they could give me was my attendance. But I was never terminated for my attendance. I asked for a copy of my personel file a few weeks ago. I was only allowed to receive copies of things I've signed and nothing else. They sent it to corporate first, then corporate sent it to me a few days later. An altercation happened on July 18, 2012 that involved 2 other associates. I was talking to another associate about a Special Order that came in wrong (which is what I do in the company) and trying to calm the associate who was upset, using fowl language (which is against policy) and throwing things. A cashier came up in the middle of ringing up a customer, to tell us, "can you take it outside? we have customers in a loud voice, which made the customer focus on us instead of being rang up. I walked over to her and explained nicely that it wasn't necessary for her to draw more attraction to us. She put her hand in my face barely grazing it, and said 'WHAT EVER TANYA!" and walked away. So I did the same to her and barely touched her face with my finger, and told her, "don't ever put your hand in my face again." She said I hit her. I went to the store manager and notified him about what happened, he said with a sigh, 'can't we just be adults here?" After that, I went to 2 of her supervisors and her dept mgr., who advised me to write a statement. I wrote a statement as to what happened and gave it back to her dept mgr., and nothing was done. I then get called into the office saying I'm part of an investigation. The investigation was done by another HR manager from a different store. He asked me what happened, I explained the whole thing, then he says, "so you're admittingly saying you put hands on her?" I said no, I'm not admitting anything. I barely touched her, putting hands on someone is, pushing them, hitting them, slapping them etc., I did nothing like that. T I did not receive any copies of the investigation, or my termination papers. I think I have been discriminated against and wrongfully terminated. I went to management, and they did not report it to HR. She goes in and says I hit her, gets an investigation going, and I get terminated. I don't understand why. Do I have a case?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

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

Do you believe that you were discriminated against due to a protected characteristic (such as race, gender, national origin, ethnicity, or sex)?
Customer: replied 2 years ago.
Yes I do.
Expert:  Joseph replied 2 years ago.
Then, I suggest that you file a complaint with the Department of Fair Employment and Housing for discrimination and wrongful termination.

You can do using the instructions available online here:

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

The DFEH will investigate your complaint on your behalf and either file suit on your behalf or issue you a 'right to sue' letter so you can pursue your claim against your employer through a private attorney.
Expert:  Joseph replied 2 years ago.
I see you gave my answer a negative rating. Is there any reason for that?

I informed you about the steps you need to take to file a DFEH complaint. You cannot do so online. You need to follow the instructions on the website in order to do so.

Please inform me if there's any additional infomration I can provide to improve your feedback.

Also, please note, that when you rate my answer negatively, I do not receive any credit for the work and time in providing you with an answer, and the website retains the entire amount you paid for the question.

Thank you.

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Joseph
Joseph
California Employment Lawyer
5221 Satisfied Customers
Extensive experience representing employees and management