Legal Question in Employment Law in California

i am asian i feel that i have been discriminate in the work place i have work before. i just got lay off 2 weeks ago. they had told me that i am not the only one getting laid off. i didnt think about it or anything. i work there through tempt agency first for 6 months and got hired and work permanent for 1 month. they also hired 3 new worker. 2 are mexican lady and one is a asian lady. after one month they laid me and this asian girl. 2 weeks after i got laid off my tempt agency called me and told me that my work place want me to go work with them for this assignment i agree. when i got there i notice and saw the 2 mexican lady havent been laid off. we were hired for night shift only and work got slow for the night shift. these 2 mexican lady has families who work there. as i heard from a supervisor who i ask they say that this company only goes by sonority ( who works longer gets to stay and the one who works less gets laid off.) i was furious to hear about it. i work there for 7 months and those 2 mexican lady has work there for 1 month and half. i feel like i am discriminate about it.


Asked on 9/20/12, 11:59 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You were Asian when they hired you, apparently without discrimination. You were Asian when they terminated you. How do intend to prove they discriminated in one and not the other??

Not only are there no laws against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but 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 terminated any time for any reason, with or without �cause�, explanation or notice.

That is, UNLESS you can prove the conduct is based upon discrimination, harassment or retaliation as defined as actually �illegal� under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. Now if the conduct was illegal under the above definitions, feel free to contact me for the legal help you�ll need.

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Answered on 9/21/12, 2:38 am


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