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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5040
Experience:  Extensive experience representing employees and management
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1. Discrimination and racial prejudice a. Termination of African-America

Resolved Question:

1. Discrimination and racial prejudice
a. Termination of African-America admin due to inability to manage gambling junket in Las Vegas as well as numerous Cabo trips to managers satisfaction
b. In front of staff called an employee a lazy Mexican when they requested tickets for a show- denied tickets
c. Attempted to terminate a long term Indian employee at the Cupertino Chamber of Commerce because of her ethnicity and thought of her as a subordonate. Her efforts to terminate this key employee were challenged and overturned by the entire Cupertino Board of Trustees.
d. Her abusive style is only exacerbated by her addictions which led to behavior that has seriously damaged the reputation of FC and DAC with numerous producers, local business owners and Silicon Valley VIPs.
e. Her performance as President of the COC has also substantially compromised the image of FC and DAC as a result of her poor performance in this role as more importantly as a representative of FDC.
. Management under the influence (habitual user)
a. Drug, alcohol and gambling addictions
b. Employee abuse, mental stress, health risks by her organization
c. Safe environment is at risk due to complete lack of responsible mgmt.2. Management under the influence (habitual user)
a. Drug, alcohol and gambling addictions
b. Employee abuse, mental stress, health risks by her organization
c. As President of the COC she attended mtgs with many of the COC members questioning her sobriety on occasions.
d. Safe environment is at risk due to complete lack of responsible mgmt.

3. Embezzlement of funds – Theatre is in the red… Recent tactics to pad the budget
a. 401k, selective reduction of staff salaries and furloughs. I was required to manage 4 jobs of which the College was paying for all of them. The five positions were Admin, Mkt Mgr, for the College) Personal Valet, and support for a smaller theatre she runs separately. (Conflict)

4. Misappropriation of School district funds
a. Using School district resources and funds to manage another theatre venue.
b. Decided to take back 3 additional days granted to me for bereavement of my father’s passing 13 months after he died! I challenged this with the help of “Just Ask” council and she quickly reinstated the funds back into my account and wrote a scathing letter and placed it in my personnel file stating I “DEMANDED” the funds – I merely requested them and told her this was not legal. “Just ask” told me to keep a paper trail because she might get vindictive… Yes, you warned me! Gave fund backs and placed a scathing letter in my file stating I DEMANDED the funds
5. Contract renewal incident:
a. FDC did recently renew the contract of this manager for a 3 yr term knowing full well the condition of this manager and effectively accepted responsibility for the above issues to go unchecked or resolved thereby fully empowering the manager to continue the above abuses at the full risk of patrons and the college.
b. Declared the entire FDC to be F…. idiots for renewing her agreement for 3 yrs as she mocked Kevin MeElroy and his team in front of the entire DA staff.
c. Foothill DeAnza college considers Safety a priority of the Domus Aurea team. FDC is also aware of the above issues and risks created by the DA manager.
SHALL I BE A WHISTLE BLOWER AND GET LEGAL COUNCIL AND TAKE TO DISTRICT OFFICE? MANY MANY THANKS.
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Joseph replied 11 months ago.
Hello,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Hello, can you tell me if you believe that you have been discriminated against due to a protected characteristic (or was the discrimination occurring against other employees)?

Do you have proof of the illegal embezzlement that you can go to an outside agency with?
Customer: replied 11 months ago.

Are you on break? I'm meeting with District tomorrow at 10:0am PST...


Any other thoughts to where I stand?

Expert:  Joseph replied 11 months ago.
Hello Karen,

I was waiting for your response to my questions above. Could you answer those for me please?
Customer: replied 11 months ago.

Oh sorry... this has happened before - I DID send it but I guess it got lost in "translation!"


The continual discrimination addresses people within our work environment and clients - not me personally, I'm WHITE! But it's deplorable and makes me feel extremely uncomfortable and I do speak out about it... "towel heads" "Cheap Jews" "Stinky Persians" - just awful.


 


Embezzlement - Indeed. District College pays her company to support our salaries - in turn for me alone... she uses a minimum of 25% of my time having me do data input (calendar bookings for another theatre website), sends to me to training sessions for her "other" theatre, has me coordinate and schedule the cleaning service for this "other" theatre, expects me to to make lavish raffle baskets for events that are NOT related to District (10%) and most importantly uses me as her personal assistant - hair, nail eyelash extension, personal Vegas travels, limos service, uniform and sport clothing shopping for her children, the list goes on and on. ALL ON DISTRICT $$$ I barely have enough time to perform my other "3" job descriptions/duties. It's ridiculous. HOpe to hear fro you soon as I meet with District tomorrow aqt 10am PST Many thanks!

Expert:  Joseph replied 11 months ago.
Hello Karen,

Thank you for the additional information. The race and ethnic discrimination is definitely actionable, and you would be protected from reporting a hostile work environment to the Department of Fair Employment and Housing due to ethnicity and race. (I would be surprised if the African American employee and/or others have not already filed a complaint).

As far as the embezzlement goes, I was assuming that you meant that she had stolen funds. I'm really not sure if the District will see the situation in the same light as you and consider her behavior to constitute embezzlement and be sufficient grounds for them to terminate her contract. They would likely want a substantial amount of evidence, as they will almost assuredly be sued if they terminate your manager, since she does have an employment contract with them for three years.

That said, if you make a report of suspected illegal activity, you do have whistleblower protection and can sue if you are terminated in retaliation or subject to other adverse employment action. Honestly, it is probably a waste of money at this point to get legal counsel, as you don't have a cause of action yet. I would suggest that you wait to see if you wind up being subject to any adverse employment action after reporting the discrimination and your suspicions of unethical, if not illegal, activity.

(I would also suggest that you try leaving whatever issues she may have with drugs and alcohol out of your complaints for now, as it's best to focus on specific illegal conduct and not her personal flaws. You want to do your best to relate that you are primary concerned about the legality and ethics of your manager's conduct and not that this is arising from a personality conflict between you and her).

In that respect, those types of attacks on her character (even if completely true) could undermine your goal.

Finally, I'm not quite sure on whose employee you are. If she (the company) is your employer (and the District only funds your salary), it may be a bad idea to make any report against her, as it will almost assuredly result in your termination (possibly for insubordination). While you may have a very valid cause of action then for wrongful termination in violation of public policy, it could take months if not years for you to get a settlement or verdict.

I realize that you are very frustrated with your manager's unconscionable actions (and rightfully so), but you may wind up shooting yourself in the foot if you are going to the district to complain about the company that employs you.



I hope the above information is helpful, although I realize some of it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. (It doesn’t cost you anything extra and is necessary even though you’ve made a deposit). Please also rate me highly (9-10) when you receive your customer satisfaction survey.

Thanks and best of luck!



-Joseph
Joseph, Lawyer
Satisfied Customers: 5040
Experience: Extensive experience representing employees and management
Joseph and 3 other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 10 months ago.
Hello Karen,

Just wanted to check in to see if you had any follow up or clarifying questions regarding the above information.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!

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