Legal Question in Employment Law in California

I was working for three months at a fast food restaurant. I was constantly discriminated against because I didnt speak spanish. I also was not paid overtime, Time and a half or "Meeting" Hours. I sent a notification to the labor board and they have called a meeting to reinburse me. I quit one day because a crew member physically threatened me and the store manager watched and did nothing about it but laugh. can I ask for the money I would have earned If I put in my two week notice since i had to leave right then since my life was being threatened? and can I also ask for the money I would have earned for the period of time it took me to find a job?


Asked on 1/03/10, 8:18 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You 'can' ask for anything you like. You are entitled to proper pay for OT, and the Labaor Commissioner will pursue that claim if valid grounds exist. What you are also entitled to do is bring a claim of ethnic or national origin 'discrimination' and retaliation with DFEH or EEOC, followed up with a lawsuit, IF you have admissible evidence and proof other than your 'word' of discrimination. If the case has merit and value, feel free to contact me to discuss your rights and remedies.

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Answered on 1/11/10, 10:18 am


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