Legal Question in Employment Law in California

Hello, I currently work for a major company and I am being forced to work overtime and not being paid for it. Several employees and I have been discriminated against and harrassed on consistent basis. The director for financial aid has been making comments that are very offensive and has been terminating or writing employees up. All the employees that are being harrassed are minority. Several employees have complained to the Hr dept and there hasn't been a response. Several employees would like to know if we have a case or not


Asked on 5/05/10, 1:14 pm

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

If the employer is discriminating or harassing against you because of your race or ethnicity, it is probably best that you consult with experienced employment law attorneys in your area, to review the details and discuss the best options you have to prevent it from continuing or explore your legal options. You will need to prepare a time-line of relevant events, names of witnesses, copy documented complaints and company policies and procedures pertaining to how it handles complaints of discrimination and harassment, such as those contained in an employee handbook. You should also keep an accurate record of all hours you have worked for the overtime claim.

If you do not wish to meet with an attorney, you can file complaints with the California Dept. of Fair Employment and Housing, for discrimination, and the California Labor Commission, Division of Labor Standards Enforcement, for the overtime claim. The sooner you do this, the better.

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Answered on 5/10/10, 1:29 pm
Terry A. Nelson Nelson & Lawless

If you can back up your claims with witnesses and other evidence, that is the basis for a discrimination claim. As the plaintiff, you have the baurden of proof, and just 'saying' it happened is not proof. If you can get others to join forces with you to hire an attorney, it is synergistic and mutually reinforcing to each person's case. Keep in mind you have only one year from 'incident' to have your Complaint on file. If you're serious about doing this, feel free to contact me, I've been doing these cases for over 20 years.

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Answered on 5/10/10, 3:34 pm
Aryeh Leichter Leichter Law Firm, APC

I would advise you to go to the California Employment Lawyers Association website, CELA.org, and find attorneys in your area to speak to.

Ari

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Answered on 5/10/10, 8:17 pm


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