Legal Question in Employment Law in California
JANUARY 16TH 2011, I CAME INTO WORK, ONLY TO FIND MY WORK-STATION DESKTOP COMPUTER OPEN AND RUNNING. I ASSUME MY BOSS HAD GOTTEN ON IT AFTER I LEFT FOR THE DAY, AND CHECKED HER EMAILS. SHE LEFT WIDE-OPEN ON MY WORK-STATION CoMPUTER; SOME VERY DISCRIMINATIVE AND DEROGATORY EMAILS REFERRING TO ME AS "THE BLACK GIRL" OR THAT "PREGNANT BLACK GIRL" SEVERAL TIMES; BUT CALLS ALL OTHER EMPLOYEES BY THEIR NAMES. I CONFRONT HER ABOUT THE EMAILS IN A PRIVATE MEETING AND SHE LIES AND EXCUSES THEM, ONLY TO MAKE THE SAME MISTAKE AGAIN AND HAVE THIS CONVERSATION AGAIN WITH A PATIENT ASSUMING SAYING, "THAT BLACK GIRL IS PREGNANT AND LOOKING TO GET FIRED TO SUE ME". SHE CUTS MY HOURS IN HALF SUDDENLY; ONLY TO THEN TERMINATION ME ALMOST 2 MONTHS LATER STATING ITS BECAUSE I SAW THOSE EMAILS. DO I HAVE A CASE?
3 Answers from Attorneys
If the facts are as you stated them to be, I believe you may have very strong claims for wrongful termination, discrimination and/or retaliation. Please give me a call at (213) 381-6557 or email me at ([email protected]) if you would like to discuss the issue further.
All the best,
Ari Leichter
It definitely appears you have been subjected to discrimination based on your race. The California Fair Employment and Housing Act (FEHA) prohibits any employer from discriminating against any employee because of his or her race. Moreover, under that same law, an employer is prohibited from retaliating against any employee who makes a verbal or written complaint based on a reasonable belief of discrimination.
Given the facts as you wrote them, you have been subjected to both discrimination and retaliation. First, the emails referring to you as "the black girl" or the "pregnant black girl" and accusing you of wanting to get fired and sue them almost certainly show discrimination. Then, you were retaliated against after making a complaint of such discrimination when your employer cut your ours and subsequently terminated you.
Our law firm represents only individual employees against employers for discrimination, harassment, retaliation, and wrongful termination. We would be happy to speak more fully about your situation and protect your legal rights by whatever means necessary. You can call us at (213) 536-4236, you can email us at [email protected], or you can visit our website, www.sarnofflaw.com, for more information. Our website also has a detailed and confidential case evaluation questionnaire you can complete that would provide us with more information and allow us to help you.
As already indicated, this looks like you have been the focue so of recial discrimination, a hostile work environment and harassment. This is illegal and you have rights. I would be glad to discuss those rights if you would be interested. I hope this helps. Bob (818) 222-2433
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