Legal Question in Employment Law in California

Is it considered discrimination if I get written up for being late and other employees do not?


Asked on 11/15/10, 4:35 pm

2 Answers from Attorneys

David Sarnoff Sarnoff + Sarnoff

The answer depends on why you are being written up and others are not. Unlawful discrimination must be based on a protected characteristic, such as race, age, gender, sexual orientation, disability, marital status, ancestry, national origin, and religion. Thus, if you are being treated differently than others because of any of these, then your situation may constitute unlawful discrimination. However, if you are being treated differently because you boss simply does not like you and not because of any of the reasons listed above, then the conduct probably does not constitute discrimination.

If you would like to discuss this further, please feel free to contact my office at (213) 536-4236, or by email at [email protected]. You can also go to our website, www.sarnofflaw.com, for more detailed information.

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Answered on 11/20/10, 4:55 pm
Terry A. Nelson Nelson & Lawless

No. There are no laws against 'unfair treatment' or poor management. 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, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 11/22/10, 11:46 am


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