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?


Asked on 1/11/03, 9:25 pm

1 Answer from Attorneys
Craig Silman The Law Office of Craig M. Silman, Jr.

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.

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Answered on 1/30/03, 3:44 am


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