How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39027
Experience:  Retired (mostly)
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I am a student working in a restaurant. I believe I am not

Customer Question

I am a student working in a restaurant. I believe I am not being treated fairly because I was skipped for a promotion and someone was newly hired to take the job I was a candidate for, even though I was perfectly qualified. My employer told me that they could not hire anyone "at this time". I have to sweep floors while the other worker is a waiter. My co-workers consistently harass me at work and even cheat on the state health code exam. Should I just quit this job?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.

What exactly do your coworkers do to harass you?

Why to you believe the new hire was promoted over you?

How does the employer cheat on the state health code exam?

Customer: replied 5 years ago.

Did you get my response?
Expert:  socrateaser replied 5 years ago.
No. Sorry, but I did not.
Customer: replied 5 years ago.
The coworker with the exam cheats on it by obtaining the answer sheets (I do not know how she obtained these). This happened tonight. I took my exam several months ago.

My coworkers yell at me, make fun of my appearance, and push me out of the way.

I don't know why the other coworker was hired over me. I get conflicting responses from my employer.
Customer: replied 5 years ago.

Thanks for helping me with this. I've had a long day so I'm going to log off. If you are going to continue to give me feedback, can I see your responses if I log back in a day or two?
Expert:  socrateaser replied 5 years ago.
If you can show the County Health Department that the employees are cheating on the food handler's card test, then the department may invalidate their cards, and the result would be that none of the employees can work until the take a new test. Also, by making a report to law enforcement, you would be protected from losing your job under the state whistleblower laws. See this link for a list of county health boards.

Re your coworkers harassment, if you believe that any of this is related to your race, color, nationality, religion, ancestry, sex, sexual orientation, pregnancy, age or disability, then you can file a complaint with the Department of Fair Employment and Housing.

If the harassment is based on some bias unrelated to unlawful discrimination as above described, then you cannot file a complaint.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.

And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!