Legal Question in Employment Law in California

Thirty Days Prior Written Notice

I am (or was) Executive Assistant to the Senior Minister in a well-known church. The Sen. Min. of 12 yrs. just resigned.

Upon hearing of his intentions, I expressed to him my deep concern; I'm Arab-American, and after Sept. 11th, I have encountered disdain from co-workers and church members, and my car was vandalized. The Sen. Min. assured me that my job would remain secure after he left, and the Business Manager confirmed this.

Two days after his departure, while out sick, I called the office to retrieve my voicemail, only to find it had been erased from the system. I called my extension, and a female answered. I inquired as to why she was at my desk, answering my phone, to which she replied ''I was told you were terminated. I have been hired as your replacement. They have cleared out your things, and your computer was removed. I'm so sorry.''

I have left messages for the Interim Sen. Min. and Bus. Manager, with no reply.

I know this happened because some simple minds can not separate my ethnicity from ''terrorism''. Proving this is another matter.

I was employed ''at will'', yet my contract states ''...upon 30 days prior written notice.'' Obviously, I wasn't notified. Could this be my recourse?


Asked on 12/28/01, 3:37 am

1 Answer from Attorneys
John Ferry Law Offices of John C. Ferry

Re: Thirty Days Prior Written Notice

More to the point, you have a potential claim for discrimination. Depending on the terms of your contract you might or might not have a contractual remedy, but given your comments about your background you should explore a discrimination action. To do this, you must first make an appointment with the Department of Fair Employment and Housing. Check in the Blue pages of your phone book under State Government listings. Explain the situation and they will either schedule an in person or telephonic interview.

You need to do this soon because there is a one year limitations period within which DFEH can act. After their preliminary review, DFEH will decide whether they will conduct a more thorough investigation, possibly leading to its representation of you in Court, or will simply give you a 'right-to-sue' letter with which you can then retain an attorney and file a lawsuit.

But the bottom line: it sounds like there has been some discrimination and you should definitely pursue it.

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Answered on 2/05/02, 1:16 am


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