Legal Question in Discrimination Law in California

In October, I filed an HR claim against my supervisor claiming that I felt I was being wrongfully targeted. The following week, I was written up for "customer complaints" and other various, baseless claims A 3rd party HR Company (which is contracted through my company) held an investigation and said there were concerns about things I brought up in my interview with them, but they were concerned over my performance. This past Friday, the 3rd part HR company had a 90 day performance plan with examples of my deficiencies from the initial write up on 10/14, to that day. I was able to explain what happened. The company offered me an option of taking the 90 day performance plan or taking a severance package and sign a non-disclosure agreement. I believe they want this because I reported that my supervisor had used the word "faggot" on 2 separate occasions after I had clearly explained how offensive that word is to me. I have a witness to collaborate my claim. I was given until Tuesday to sign or decline the severance package, which is only 6 weeks of pay. I would like to know if I have a case?


Asked on 11/22/11, 11:09 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

There no laws against 'unfair treatment' or poor management, and in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, UNLESS it is based upon illegal discrimination, harassment or retaliation as defined under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes.

You said you reported your supervisor for using the word "faggot". If you are claiming he was referring to you, that could be direct 'discrimination and harassment'. If he was referring to others, that could be creating a 'hostile workplace'. The termination actions could be illegal retaliation.

IF you can somehow prove what you allege, you may have a worthwhile case. Feel free to contact me to discuss your evidence and to obtain the legal help you�ll need. I've been doing these cases for over 25 years.

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Answered on 11/23/11, 11:41 am


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