Legal Question in Employment Law in California
I work for a big company the GM and all assistant managers are of the same race however I am the only person in charge they call ( hourly management ) I had been there for 2 years busy or slow until last meeting with the GM and his buddy to solve a lil dispute suddenly my hours were cut on the next schedule and was scheduled on my unavailable days Eventho we are in a slow period before my hours were never cut as much as now the morning hourly manager who happened to be from the same race as the GM still getting full time not sure if I am being retaliated against discriminated or its just all am unfortunate coincidences PS: filed a works men comp back injury
2 Answers from Attorneys
If you are claiming the retaliation is for filing the WCAB claim, then you can only deal with that in the comp system, talk to your comp attorney.
If you are claiming race based discrimination, then you must 'prove' the conduct and prove it is 'because of' race. Other than the circumstantial possibility it 'might' be race, what evidence do you have of the company's intent and motive? Have there been any incidents, comments, jokes, overheard discussions, etc??
You can certainly bring legal action on your 'beliefs', but can not win a case without evidence sufficient to prove the case to a jury and judge. if serious about pursuing this, and think you have some evidence to support your belief, feel free to contact me. I've been doing these employee rights cases for many years.
If you are being discriminated against BECAUSE of your race or BECAUSE you filed a workers' comp claim, that is unlawful. If you are being discriminated against because of a personality conflict, etc., that is not unlawful.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
