California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law
This answer was rated:

skylling right

skylling right
Ask Your Own California Employment Law Question
Answered in 6 minutes by:
5/3/2013
Brandon, Esq.
Category: California Employment Law
Satisfied Customers: 1,953
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Verified

Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

It appears that there may have been some mistake in the posting of your question. If you would like to elaborate further on exactly what your question is, I would be happy to assist you further.

Employment-LawExpert :

Concerning your skelly hearing, likely, the city has decides to either 1. initiate an additional investigation based on your statements, 2. sustain the original level of discipline, 3. reduce the original level of discipline, or 4. reach a settlement agreement with you. If it is 2, depending on the exact nature of the hearing, you may have additional options.

Employment-LawExpert :

For example, if you were discriminated against because of a protected category (race, age, religion, etc.) then you would be able to file a formal complaint with the DFEH or EEOC.

Employment-LawExpert :

If you would like to provide me with additional facts, and what your question is exactly, I will respond to you as soon as I can.

Employment-LawExpert :

I hope you are having a great day.

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

Are you here with me?

Employment-LawExpert :

If you are having trouble entering text, try pressing enter twice, clicking the reply button, or refreshing the page. Before you refresh, consider copying everything you have typed so that you do not loose it. When you answer, please inform me if you have appealed to the civil service commission yet and what the exact nature of the disciplinary action is.

Customer :

I have been harassed by my direct supervisor and labor relation let me contact her assistant. They were friend before hiring a 1.5 year ago. Now her assistant filed suspension 15 days

Customer :

My position is the library manager. My supervisor is Medical Record director.

Customer :

My direct supervisor occupied the library space and I disagreed her intension.

Customer :

At on occassion she grabed my badge and another occassion scream at me. all in front of others.

Employment-LawExpert :

Have you made a civil service comission appeal yet?

Customer :

she hired an assistant who was her buddy and her assitant helped her continuing harrased me.

Customer :

 


Now their intension to suspend my employment 15 days is granted by skelly hearing officer.

Customer :

They try to separate the fact of continuing harassment. Mainly said I have loud voice and aggressive behavior.

Customer :

I have went one skelly hearing with union representitive.

Customer :

Then I received a letter from this officer to grand her 15 days. Please tell me my right to do next.


 

Employment-LawExpert :

First, let me say that I am terribly sorry to hear that you have had to endure this. Concerning your situation, you have a couple of options. The first, is to file a civil service commission appeal within 20 days after being served the notice of discipline. In this, you would allege that any suspension was not for cause, that any documentation is not adequate or complete enough to substantiate the charges, and that the type of discipline is inappropriate to the charge. Within 45 days of you making this report the commission will hold a hearing where you will prevent any evidence you have that what is happening to you is unfair. While the skelly hearing would have prevented the suspension from taking place, if you are successful in your appeal, you would be paid for those 15 days. In this hearing, you have the right to call witnesses, introduce exhibits, cross examine opposing witnesses, and completely and fully present your case. The second option is to relate this harassment to a protected category. This could be because of your age (over 40), race, color, religion, any disability that you may have, your gender, your genetic information, your national origin, if you are pregnant, or anything relating to sex, or sexual harassment.

Employment-LawExpert :

You would make a complaint to your union stating that you believe this harassment to be based on a protected category. If you have any proof showing that this is true, then they would have to owe you the backpay lost based on the discrimination (i.e. the 15 days) as well as any emotional harm this has caused you.

Customer :

Okay, I think my age and national origin.

Customer :

Because now I am a solo librarian and other employees had been cut. I am the only one at my part.

Employment-LawExpert :

Then, you should speak to your union, and make a formal "complaint of discrimination based on your age and national origin" They would then be required to bring this to the attention of your company. If this does not resolve the issue, then you would need to file a formal complaint with the EEOC or DFEH. In these complaines, you would allege the age and national origin complaints, and bring up any proof that you would have concerning this.

Employment-LawExpert :

For example, if they made any specific statement about your age or national origin, it would be a slam dunk case. However, if they have not, then you would need to show anything which could lead to an inference of such behavior. This could be because they get rid of anyone over a certain age. This could be, because they treat everyone of your national origin poorly. Anything you can think of to prove this would be helpful.

Employment-LawExpert :

Does that make sense?

Customer :

This direct supervisor who come 1.5 years ago already have a line of the complaints and law sues are waiting for her.

Employment-LawExpert :

If these complaints are related to protected categories, this would go a long way towards proving your case, and resulting in your suspension being lifted from your record, and you being paid for the time of the suspension.

Customer :

it makes sence.

Employment-LawExpert :

Have I fully answered your question today? If you have any additional questions or need additional clarification, please do not hesitate to ask.

Customer :

Can I seek a lawyer? what kind of lawyer?

Employment-LawExpert :

You can, but you should go through your union first. If you decide to seek an attorney, you would want to speak to an employment law attorney. A great resource for this is www.Martindale.com. If an attorney feels that you have the evidence to prove a discrimination claim, they would take your case on contingency, which means that you would end up paying nothing out of pocket.

Customer :

Okay. Thank you for your time.

Employment-LawExpert :

Not a problem. Have I fully answered your question today?

Customer :

Yes for now and how will i continue to ask you later if I need.

Employment-LawExpert :

Once you provide a positive rating, this question becomes part of your account. At that time, you can ask any follow up questions relating to this question on the same question page. If you have a new question, you would go here:

Employment-LawExpert :

and ask for me specifically

Customer :

Will I have your above answers available?

Employment-LawExpert :

Yes, once you provide a positive rating, you can copy, print, and/or do anything else with the response I have provided to you as it becomes part of your account.

Brandon, Esq.
Category: California Employment Law
Satisfied Customers: 1,953
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Verified
Brandon, Esq. and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

I went to a skelly hearing. Skelly officer granted my supervisor's suspension 15 days decision. I heard that I can appeal up to CEO level. Do you know what the next level’s process is? My supervisor sets my suspension days starting on May 13th. Can I appeal before May 13th? If the appeal schedule is after May 13th, should I serve 15 days first?
I had union representative went with me.
Can I use outside lawyer instead? Which one is better usually?


 

Ask Brandon, Esq. Your Own Question
Brandon, Esq.
Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1,953
1,953 Satisfied Customers
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.

Brandon, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

1,953 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

35 satisfied customers

General Practitioner. Research Attorney

Roy Hadavi

Roy Hadavi

11 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

< Previous | Next >

Related California Employment Law Questions
My employer requires extensive documentation to terminate an
my employer requires extensive documentation to terminate an employee...perfromance improvement plans...discipline etc … read more
Allen M., Esq.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
19,434 satisfied customers
I live in Los Angeles and I have a some job conserns,
I live in Los Angeles and I have a some job conserns … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
I am the manager at my family business and had a customer
I am the manager at my family business and had a customer write a check that bounced I would like to help from a lawyer to recover funds of $18k … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
I have a question, I'm getting a job at a company and they
I have a question, I'm getting a job at a company and they are offering me options. However they are not telling me strike price. Should I be concerned? … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,304 satisfied customers
I am a Case Manager for developmentally disabled clients and
I am a Case Manager for developmentally disabled clients and am required to travel from each of my clients house within the county and spend 2 to 3-hours with each one. I drive my personal car and am … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question on W2 employee and W2 contractor. I am
I have a question on W2 employee and W2 contractor. … read more
Roy Hadavi
Roy Hadavi
Juris Doctorate
11 satisfied customers
How soon can I get a response from an employment lawyer. CA.
hello how soon can I get a response from an employment lawyer … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband works for a company that has a Union Contract. At
My husband works for a company that has a Union Contract. At times he is made to work up to 3 weeks straight with no time off. Is this legal? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
This is new to me since I was never before been terminated
Hello, this is new to me since I was never before been terminated this way, only once as a multiple layoff situation. My employer of 27 months, a very successful start up who has grown from a 100 empl… read more
Bill Attorney
Bill Attorney
law
1,612 satisfied customers
I have a question concerning my open California State
I have a question concerning my open California State Disability. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
Marsi I worked for local 324 from 1987 to 1995 they say I am
Hi my name is ***** ***** I worked for local 324 from 1987 to 1995 they say I am short seven to 10 hours to become vested I believe I had a total of 9800 hours but all of my papers burned in Sonoma co… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
I have been called to an investigation meeting with my
I have been called to an investigation meeting with my employer based on a complaint that another employee said i have been rude and condescending for 2 years. The interrogation is on Tuesday. I would… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,304 satisfied customers
I was out on pregnancy disability from april 1, 2017- August
I was out on pregnancy disability from april 1, 2017- August 1, 2017, then took 6 weeks of cfra from August 1 to September 12th. … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I suffered a workers comp injury back in 2013 and have
I suffered a workers comp injury back in 2013 and have lifetime medical for psych and my right shoulder here in CA. My case was recently reopened, and I would like to request a service dog again for m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am looking for an attorney with experience in workers
Hello, I am looking for an attorney with experience in workers compensation … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am looking for help regarding my job, which is
I am looking for help regarding my job, which is headquartered in California, but I am located in MI … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A company offered a PR position to service their LA and NY
A company offered a PR position to service their LA and NY agencies. The employed mentioned that this position would also be helping their TBD/soon to be launched company. Upon confirming employment, … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a small California based consulting business. So far,
I have a small California based consulting business. So far, it has been me with no employees on payroll. My first full time employee comes on board next week. I want to make sure I am in compliance w… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,304 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x