Legal Question in Employment Law in California
My name is William Rivera and I have a question about whether this is discrimination or not. I feel as though my rights have been violated. I was working for a temp agency and they sent me out to a warehouse. I worked at the warehouse for about 2 months. My first paycheck was shorted, so I told the person who gave me my check. She was quick to repsond with an attitude and said she did not know my hours. I sign in with my last four digits of my social on a computer so I didnt understand how she didnt know my hours. Then she came to my boss and said she wanted to fire me for the amount of days I had taken off. I approved my days off with my boss which was a family emergency and a doctors appointment. Then a couple weeks later she called and told me not to go to work the next day with no explanation. My boss ignored her and said he needed me and wanted me to work. (Which he has told her on several occasions.) I have been out of work for the last 3 weeks and she keeps telling me that I was let go because it is slow. However, they have hired new people since then and I am still out of work. When new people are sent to the warehouse my boss always asks for me. I want to sue for discrimination and for my wages that I have missed work. .
2 Answers from Attorneys
You can only sue if you can show that her actions are primarily based upon your ethnic background/race. It might be best for you first to arrange with your boss to see her so that he can again request that she allow you to be hired, explain the time you had off, and apologize to her [you did nothing wrong but she is upset at you and you will not be able to work there until she gets over it].
You said your paycheck was shorted and you questioned it, which is what prompted this woman to want to fire you. If this is true, and you can show the connection between questioning your pay and not working, you can sue for a violation of state public policy under the theory set forth in the case of Gould vs. Maryland Sound Industries, 31 Cal. App. 4th, 1137. But before wanting to sue, you may wish to explore other options available to you. You should discuss this with employment law attorneys in your area.
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