California Employment Law
California Employment Law Questions Answered by Legal Experts
We do have an employee handbook. The handbook does not talk about paid administrative leave.
I was accused to have touched a girl inappropriate. The father said I touch her leg back in October and that in other occasions I have made the girl uncomfortable, the only example he gave when he confronted me was that she was wearing a sweater with a logo to which I put my hands together and said “does it glow in the dark?” but he did not said I touch her breast. The father argue that this was not the first time I had done this to a student and that other families had pulled from the school because of me. When the associate principals asked for names he said he prepared not to share. The father also said he was not going to called police.
The school called police and cps. According to what I was told CPS (child protection agency) said the accusation was not sustainable. The school called the police because they wanted to know who the other families were.
To certain degree I am in belief I’m being discriminated against because I’m a male and because of my age. There is another member in the staff that goes around pulls on girls pony tales but because he is an older gentleman no one thinks much of it.
I'm an employee at will. and there is no unemployment since a non profit and they dont pay into unemployment.
I want to add also that the day before the meeting when i was asked to resign i was denied the school policy book by HR.
which i demanded to be given to me the next day during the meeting. I recieved it than.
Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.
CA law prohibits harassment and discrimination in the workplace and if this is happening to you, you do have a legal remedy. Workplace harassment/discrimination is any unwelcome or unwanted conduct that denigrates or shows hostility or an aversion toward another person on the basis of any characteristic protected by law, which includes an individual's race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity, or other personal characteristic protected by law. A conduct is considered unwelcome if the employee did not solicit, instigate or provoke it, and the employee regards XXXXX XXXXX as undesirable or offensive.
In CA you have two possible avenues of approach to dealing with discrimination. If your goal is to ultimately sue in Federal Court, then you will file a complaint with the EEOC, and if you want to be in the CA Superior Court---local to your county---then you will file with the DFEH and, if you want to, with the EEOC as well. You must file a formal complaint of discrimination with the EEOC within 300 days of the alleged discriminatory act, and within one year for the CA DFEH.
You may file a formal complaint with the CA Department of Fair Employment and Housing alleging discrimination based on your gender and/or age. To do this you must first make an appointment with the Department to be interviewed, either over the phone or at a local DFEH office. You may call the DFEH at(NNN) NNN-NNNN or apply on line by using the Department’s "Online Appointment System." The system will guide you through questions to determine whether an appointment is right for you. Alternatively, you may file a complaint with the EEOC (Equal Employment Opportunity Commission). If your company has 15 or more employees (the DFEH only requires that there be 5 or more employees), they are prohibited from discriminating against you. To file a complaint with the EEOC, contact the nearest Equal Employment Opportunity Commission field office. To be automatically connected with the nearest office, call(NNN) NNN-NNNN EEOC website: www.eeoc.gov Federal law specifically prohibits discrimination, based upon the Ethnicity, Color, Religion, National Origin, Age, Sex and Disability of an individual, with regard to hiring, promotion and firing.
After you file the complaint, your employer will be prohibited from any retaliatory action against you. The EEOC will investigate your claim, and 180 days after the filing of the complaint you may ask for a "right to sue letter". The EEOC will issue you the letter which gives you the right to institute a private civil action against your employer and seek monetary damages.
You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction. Please remember to rate my service to you when our communication is completed. I wish you the best in 2013,Doug
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