California Employment Law
California Employment Law Questions Answered by Legal Experts
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First, let me say that I am terribly sorry to hear that you have had to go through this. It is a shame when an employer feels they can act in a manner without legitimacy. Especially when that action is quite frankly wrong. Concerning your question, I have good news and I have bad news. The courts have made very clear that they will not be the arbiters of general claims for unfairness or harassment that is not premised on a protected trait such as race or religion, reasoning that if workplace unfairness/harassment could form the basis for legal action, we would see thousands of such lawsuits every day. This is certainly not to diminish your concerns or complaints, but rather to explain the policy behind the law, which may assist with your understanding. That being said, you specifically state that she mentioned your surgery in response to your write-up
Can you tell me more about that?
Correct, she explicitly said that she feels that I was underperforming and that I was always making excuses. I asked her specifically for examples and she said to me "One, like when you took a day off for moving and two) when you were sick with your surgery"
She said this with our new regional new hire in the room as well.
I then told this to my regional director and then again discussed how I cant work with her to my new director of sales as well.
She did not explicitly write it out because I am sure, after my very shocked remark that this isn't right she wouldn't have wrote it down, but she did state this.
It is unlawful to engage in any adverse employment action against an employee for a disability. A disability is anything that greatly impairs an employees ability to do their job. In your instance, it sounds like this is the real reason why you were reprimanded and written up. This, is illegal, but must be handled properly for you to see any damages. First, you would need to make a complaint to HR (or this persons boss) where you specifically reference discrimination, harassment, and retaliation based on a disability. It cannot just be that she stated that you were under performing, you have to specifically state preferably in writing "formal complaint of discrimination based on a disability" where you reference this statement.
Then, if the company fails to do anything about it, you would have a cause of action and could make a complaint to the EEOC or DFEH alleging your protected right
In this scenario, you would be entitled to emotional damages as well as any back pay or front pay lost, etc.
Ok. I will go ahead and do that. Thanks, XXXXX XXXXX satisfy my question.
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