Legal Question in Employment Law in California

Being set up for failure

I had to take a leave of absence due to depression. I had two deaths of close relatives and found out my husband was cheating on me. All of this happened within a month. I went out of work for depression. Came back while still being treated by my dr.I began to get harrassed about my work product. I began to suffer health problems due to the demands and stress put on me by me employer. I requested they ease up on me as I was still trying to overcome my depression and they got worst. I suddenly took ill and had to take another leave. The day I returned I was put on a 90 day warning to improve 100% or further disaplinary action would be taken. Although I have been caught up since I came back, they still continue to harrass me and look for litte things to hold against me as it they are intentionally trying to get rid of me. I am the only african american female within the department as a office adj. my supervisor has on various occasions stated he doesnt have these problems from Matt or Dennis's desk. Of course they are not african american nor women.

I think they are setting me up for failure due to my sex/race and because of the time I took off for depression. Is this a form of discrimination?


Asked on 12/10/04, 11:48 pm

2 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Being set up for failure

Need more info, however, it all smells bad. If you wish to discuss, please call at your convenience.

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Answered on 12/16/04, 1:35 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Being set up for failure

It is easy to claim discrimination but often difficult to prove. Of course, it is unlawful to discriminate on the basis of one's race, gender or disability. The company, however, will claim that its decision regarding your employment was based on your work performance. You will have the burden of proving that any decision the company makes that adversely affects your job was motivated by your race, gender or disability. You don't cite any evidence to support your belief so it is impossible to say whether you have a basis for a case. The best advise I can give you is to have your case reviewed by an experienced employment law attorney to evaluate the facts and give you appropriate advise. You can also file a complaint with the California Department of Fair Employment and Housing and ask that they conduct an investigation into your suspicions. The law says that you must file a discrimination claim within one year of the disciminatory act you complain of.

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Answered on 12/15/04, 7:24 pm


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