Legal Question in Employment Law in California

The question that must be asked is why is your manager trying to fire you? It is not enough that you are treated unfairly or your manager doesn't like you. In order to have a legitimate legal claim, you must have evidence to support the belief that you are being discriminated against because of gender or race or some classification that is protected by law. If you cannot show an unlawful motive for being singled out, you have no case.

If you truly believe you are the victim of unlawful discrimination, you should consult with an experienced employment law attorney in your area to assess the facts and discuss your options.

Whether the discrimination is unlawful will largely depend on WHY the person was harassing you. It is illegal for most employers to harass employees based on their sex, gender, race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, age, sexual orientation, or marital status or because the employee closely associates with someone who possess one or more of these characteristics. Most workplace harassment, therefore, is not illegal. If you are being harassed by your boss because she doesn�t like how you dress, is threatened by you, is in a bad mood, or doesn�t like your personality, it is not illegal. In general, it is not illegal to be rude, obnoxious, or just plain mean in the workplace if the behavior is not motivated by a discriminatory reason. If you believe you were harassed because of your sex, gender, race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, age, sexual orientation, or marital status and you complained to the owner about harassment based on one of these characteristics, please feel free to call our office at (213) 536-4236.

There are no laws against 'unfair treatment' or poor management. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. If you think you can prove illegal discrimination, feel free to contact me. I've been doing these cases for over 20 years.