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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31561
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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hi ,my name is vance, i work in the cryogenics field and a

Customer Question

hi ,my name is vance, i work in the cryogenics field and a new boss came in on his first day and at the end of my work shift and said i was relieved of my work duties.., and took me off the schedule... mind u im under doctors orders for light duty, and im the only black driver there ,,. i hurt my leg and back and wrist at work.. im not suppose to drive up any hills until the 28 th of august.. wat should i do??? i felt i am being discriminated against heavy..
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Tina replied 11 months ago.

Hello and welcome, Vance.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am very sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Did the employer provide you with any reason as to why you were being terminated? You do have a worker's comp claim pending with the employer?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 11 months ago.
Yes i have a claim pending , and he is a new boss.. my old boss was fine with my work performance , the day after they fired him , the new boss took over and when i finished my work , he replied he needs to know more about the doctors note and said ,, uve been removed from your tour of duty...and asked me to go back to the doctor for a more indepth note.. i turned it in and I've heard nothing since.. and in under doctor's care..
Expert:  Tina replied 11 months ago.
I see. Thank you for clarifying this for me, Vance.

This appears to involve a claim of retaliation for filing a worker's comp claim rather than race discrimination. Both are prohibited by CA state law though. For a WC retaliation claim, you would typically need to file a lawsuit against the employer seeking damages due to their retaliation. Since they were previously providing you with work and you have a claim pending, there is circumstantial evidence of retaliation and I would look for a local employment law attorney to represent you in this matter.

Look for attorneys willing to take the case on a contingency fee basis if possible. If you cannot locate one willing to take your case on a contingency fee basis, then consider hiring the attorney for the limited purpose of communicating a demand to the employer to allow you to return to work. If the employer wishes to avoid a lawsuit, as most employers do, they should comply with that demand.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 11 months ago.
Yes i have a claim pending , and he is a new boss.. my old boss was fine with my work performance , the day after they fired him , the new boss took over and when i finished my work , he replied he needs to know more about the doctors note and said ,, uve been removed from your tour of duty...and asked me to go back to the doctor for a more indepth note.. i turned it in and I've heard nothing since.. and in under doctor's care.. he stated your kind does nor belong here..I've been there for a year and not one problem..wat should i do
Expert:  Tina replied 11 months ago.

Hello again, Vance.

What did you understand him to mean when he said "your kind does not belong here"?

Customer: replied 11 months ago.
I was the only black man with a clean record there out of 23 employees..everyone liked me ,nothing bad to say and also filed a grievance form with the union rep.. i haven't heard from them yet..
Expert:  Tina replied 11 months ago.

Yes, that is how I would typically interpret that statement under the circumstances as well. Given this piece of information, I would typically file a complaint with the state Dept. of Fair Employment and Housing, but you should first pursue the grievance and see whether the matter can be resolved through the union promptly.

If not, then file a charge with the DFEH and retain a local attorney to guide you through the process. This is a serious charge and you would typically be entitled to lost wages and benefits if you prevail in this action.

Here is a link to the DFEH's website which provides information on filing a complaint:

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

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Attorney
Satisfied Customers: 31561
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
Expert:  Tina replied 11 months ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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