Legal Question in Employment Law in California

Discrimination at work

I just recently started a new job. When I was hired I was told that there would be a six month probation period before I would receive benefits. After being there for three months I saw new employees getting their benefits before me, when they had started after I did.

I asked one of the newest employees what their probation period was, they said ninety days. My question is why should I be the only one to wait six months? Is there any legal action I can take in this situation? There is also a lot of swearing that takes place, I am wondering what my rights are on that subject as well. Thank you for your time.


Asked on 12/28/00, 7:42 pm

2 Answers from Attorneys
David Harrison Spivak & Harrison

Re: Discrimination at work

The failure to pay you benefits as the employer did for later-hired employees may susggest some form of unlawful discrimination. The swearing may rise to the level of a hostile work environment. I would need to know more.

David G. Spivak, Esq.

Spivak & Harrison

10100 Santa Monica Boulevard

Suite 800

Los Angeles, California 90067

Telephone (310) 772-2274

Facsimile (310) 772-0880

www.shlawyers.com

[email protected]

Read more
Answered on 1/08/01, 9:41 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Discrimination at work

It is not illegal for them to treat you differently with regard to probation unless they do it for an illegal reason such as race, religion, national origin or the like.

As for the swearing, is not illegal for people to swear.

Read more
Answered on 12/31/00, 2:01 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California