Legal Question in Employment Law in California

I have been bullied and harassed at work because my employer is discriminating against me based on my race, and retaliating against me for complaining about discrimination based on race.

I have gotten my union involved, but they have been unable to stop the actions that are leading up to my certain dismissal. My supervisor has been building a case against me for the past three and a half years. One more mistake and I will be terminated for "good cause."

Will filing a complaint with the DFEC and EEOC guarantee that my employer will at least delay terminating my for any reason if I show up on time every day and do the best I can? I need to buy some time to find other work. I live from paycheck to paycheck.


Asked on 4/24/12, 5:13 am

2 Answers from Attorneys
Aryeh Leichter Leichter Law Firm, APC

Perhaps, but it's best that you consult with an attorney before you take any action. Please give me a call (213-381-6557) or send me an email (www.leichterlawfirm.com) if you would like to discuss the matter further.

All the best,

Ari Leichter

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Answered on 4/24/12, 5:50 am
Terry A. Nelson Nelson & Lawless

Nothing can prevent your termination if that is what the company wishes to do. Your remedy would be in a lawsuit, if one is well grounded.

IF and only IF you have substantial credible and admissible evidence of race discrimination as alleged, will you be able to overcome a 3 1/2 year paper trial of discipline and warnings of performance that your union has "been unable to stop". That obviously implies that the company had the 'facts' and 'cause' for discipline, sufficient to overcome union objections and grievance. Those same facts will be their defense to any suit you might want to bring.

You have a really high hurdle and burden to overcome to succeed in any lawsuit. If you really think you can, feel free to contact me. I've been doing these cases for many years.

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Answered on 4/24/12, 1:59 pm


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