Legal Question in Employment Law in California

I was employed with a clothing store company for 3 months and during this time I was sexually harassed, discriminated in my Hispanic race, cursed at in my face and always afraid of losing my job. I was constantly told he fucking hates Mexicans and asking what race I was and I said Mexican and him saying you should be offended. he would always call me his girlfriend and his pretty lady. he also would tell me he hates my braces and if he knew I had them he wouldn't have hired me, he said I wasn't worth minimum wage . he said if I went to the labor board they would say I was a stupid little fucking girl. I was nothing but fucking problems. and etc. I went to labor board for no rest breaks I was given and sometimes lunches. but they encouraged me to go to small claims and file against him for the way he treated me because he was being difficult with them also. they said to do small claims so he cant get his attorney to talk for him because if he talks he will unravel himself. I also fell behind on payments due to him paying our of checks late. I want to know can I sue for emotion distress? I am 18 and now put on depression pills due to the hostile environment he created making it impossible for me to do my job and causing me to leave. my doctor also referred me to a counselor I also have been trying to get another job and he gives me a horrible reference even though I complied with my 2 weeks and he also shows up to previous jobs and asking questions about me. I filed a small calims against him also. I just need some advice.


Asked on 2/19/15, 10:50 am

1 Answer from Attorneys
David Sarnoff Sarnoff + Sarnoff

You may very well have a claim for discrimination, harassment, and retaliation based on sex/gender and race. The California Fair Employment and Housing Act ("FEHA") prohibits much, if not all, of the conduct you described above. I do have some questions for you, such as whether you actually already went to small claims court, when you were fired, and how you know about his conduct after your employment ended.

We can give you a much more detailed analysis of your legal rights if you contact our office. Our website is www.sarnofflaw.com, and our phone number is (877) 877-2545. We take cases throughout California.

Read more
Answered on 2/19/15, 6:21 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California