California Employment Law

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A year ago I had issues with my manager who had been with the

company for 25 years. He...
A year ago I had issues with my manager who had been with the company for 25 years. He was known to be a bully, yet no one fought back. I documented the situation and the untruths in my year end evaluation. I was passed up for a position that I was more qualified to his young son. He was let go from the company. One year later I am being put on a PIP. My current manager (good friends with former manager) has never worked in the field with me. I feel this is retaliation. Can I challenge this? Prior to working for the bully I was a rising star at the company. At last team meeting, my manager invited jr. to dinner, I thought that was rather telling. I have not signed PIP.
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4/3/2012
LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,857
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
Verified
Good morning,

I'm sorry to hear of the situation.

Can you make a viable argument that the discrimination was based on your Ethnicity, Color, Religion, National Origin, Age, Sex or Disability?

Doug
Ask Your Own California Employment Law Question
Customer reply replied 5 years ago
I am not sure, while I do feel that the fact I am Asian American in a very White company plays a major part I cannot make a viable argument that is the cause. I am also recently approved for intermittent FMLA which doesn't help the matter any. Also once approved and I called in the still asked for another doctor's note.
Good morning,

If you feel that you are being discriminated against now based on your race---even if you don't believe you can prove it, you still may file a formal complaint and ask the state or the feds to look into the matter for you.

CA law prohibits harassment and discrimination in the workplace and 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 may 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, 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.


Additionally, if you feel that there is retaliation also based on the fact that you have been granted FMLA intermittent leave, you have a separate remedy for that.

The FMLA permits you to file a complaint with the U.S. Department of Labor (DOL) or file a civil suit. you are not required to first file a complaint with the DOL before filing a civil suit.

When you complain to the DOL, they investigate the complaint. If the investigator believes that a violation exists, the DOL will try to get the employer to comply with the Act. Most employers yield to the findings and proposed remedy of the DOL.

I wish you the best in 2012.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug
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Category: California Employment Law
Satisfied Customers: 37,857
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
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