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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Hello, Im a manager for a private company I been employed

Customer Question

Hello, I'm a manager for a private company I been employed for a year. Here is my issue. I have a group of people that work for me that are of one race since I started I have been targeted they are very manipulative group they have been trying to get me fired for a while either by not making production goals or by sabatoging peoples work that I have hired. A few people have left the company for this constent harrasment. We have brought this to the attention of HR with no resolve. There are a few people that work for me that that are of there same race that have told me there intentions of getting me fired They have made comments about me of my race which is Latino because I hired a few hispanics in which one left that I will hire nothing but my own race also in there language they make comments about me like there goes the dog I was told this by a few people that work there and they are willing to testify on what they have heard. My boss has even said there out to get me as well. I have been very stressed about this because of my work enviroment I was told to work with one of the people in that group to see they are lead material a few weeks went by and they decided the lead role was not for them, On Monday last week I was out sick of a cold I returned Tuesday and went about normal work on wednesday a co worker told me that he herd from the formal lead trainee that she reports directly to my boss I confronted my boss to see if that was true and he said mybe I asked again and he said yes she does report to him I asked why he said since I was out sick he had to take over things I said for one day I was out does not make sense

By doing this I was laughted at by this group and they where saying they won My boss created a bad work enviroment which was already bad. I have around five people that work for me that are willing to testify on all that has go on since I started. I feel my boss has retaliated against me since I complained about his bullying to HR, In a meeting with HR I sited descrination from that group of people and the hostal work enviroment that my boss created I have two workers that want to file a complaint against the company because they feel harassed and fell they are being set up for failure. Now I'm home on paid leave until the investagation is over. I feel I'm being force to resign because the work enviroment has drastickly changed for me. Please help stressed out
Submitted: 11 months ago.
Category: California Employment Law
Expert:  LawTalk replied 11 months ago.

Good afternoon Paul,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

I've been a licensed CA attorney for nearly 3 decades, and for two of those, I have handled employment discrimination law and litigated cases against employers. Your description of the situation seems to indicate that there may well be discrimination going on based on your race/national origin.

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 race and/or national origin.

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, and only one if the claim is based on harassment), 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.


Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.

Doug

Customer: replied 11 months ago.

I asked for a servrance package of six months what is reasoanble?

Expert:  LawTalk replied 11 months ago.

Good afternoon Paul,

If you are comfortable with a 6 month severance package, that is reasonable.

It is physically impossible to even guess at the value of a discrimination claim because much of the damages are a result of income loss that you suffer after being let go or constructively terminated.

If you like your job and would like to keep it, then the complaint to the DFEH is really the way to begin this process. But if you want out----the severance package would be reasonable as well.

You may reply back to me using the Reply 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

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 11 months ago.

Doug, I do want out if they do not give me a packaged. Should I include my co workers on the complaint?

Expert:  LawTalk replied 11 months ago.
Good afternoon Paul,

You can only file a complaint against your employer. Individuals are not liable under the discrimination laws for their actions---only the employers are liable for failure to protect you from the co-workers, and/or for discrimination by supervisors, managers or owners of the company.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.


Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.
Expert:  LawTalk replied 11 months ago.

Good evening Paul,

 

I wanted to thank you again for using JustAnswer. If there anything else that I can assist you with, please feel free to ask.

 

Have a great weekend,


Doug

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