Legal Question in Employment Law in California
Refusing service and Discrimination
I used to work for a restaraunt in california for a total combined time of 3 yrs. I gave a two weeks notice and failed to show up for the last two days. Now my ex-employer is telling me I can no longer return to the restaurant for any reason at any time. Now I know this has been told to other employees, ones who had left under way more extreme circumstances and seen those other ex-employees return without a word being said. So are they aloud to tell me I can't return and tell those others the same but allow them to still dine drink and socailize there. Could this fall under discrimination and can they really tell I cant come back there for such a minor thing?
1 Answer from Attorneys
Re: Refusing service and Discrimination
In order to be discriminated one must be in a protected class. This is legal term of art stating you be the type of person protected against discrimination. For example, disabled persons are a protected class under the ADA. Elderly people are a protected class under the Age Discrimination in Employment Act.
So unless you can point to a protected class you belong to and you are being prevented from entering the establishment based on that protected class, only then do you have a claim of discrimination.