Legal Question in Employment Law in California
is this discrimination?
One of the co-worker wants to file a complain to labor board. I supported him in every way, information and evidence etc. The owner (it's a she) thought that i was the one behind all this (again related to the manager she had fired from affiliate coporation / a friend of mine). She thought that i leaked out information to him (the ex-manager who got fired) so my co-worker and him take this opportunity to exposed her company for the wrong doing.
I know many things that she did is illegal or against the law. Now i've been victimized, on the management meeting, i asked her why only my hours got reduced? (from 40 to 24 hrs) she said that economic situation and ''it's a business decision that i'm one of the highest pay''. Then all the rest of the management team stood up and asked the owner (her) to cut their hours also if it's regarding economic situation.
Then on the 07/16/03, i got fired, on disobedience and insubordination on the meeting. I asked for team member counseling records (write ups or warning) but she could not give. Because i have no write ups or even oral warning. She said ''there's no need of those things''.
Is this discrimination?
2 Answers from Attorneys
Re: is this discrimination?
I am unclear as to the extent of your involvement, but it is illegal for an employer to retaliate against an employee for testifying on behalf of another employee before the Labor Board. You might check the Labot Board or an attorney for assistance. My numberis 805/641-6600.
Re: is this discrimination?
Your participation with the labor board and the resulting firing would be considered retaliation. You might wish to show an attorney the documents and the extent of your involvement.
Discrimination involves unequal treatment because of an intrinsic personal characteristic, such as sex, race, national origin, disability, sexual orientation, etc.
Definitely make an appointment with an employment attorney to review the facts of your case.
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