Can I sue my employer for racial discrimination and continue working for the company: i am a twenty year employee and cannot promote. my employer on hired white females, i am a black female
Francis’s answer:
Yes. In fact, California law protects employees who oppose unlawful conduct in the workplace by providing a cause of action for retaliation. If you want to make a claim for discrimination on the basis of sex and/or race, you should file a claim with the state Department of Fair Employment & Housing (DFEH) immediately. It appears from the limited facts that you provided that you have an indirect evidence case subject to the burden shifting framework for opposing summary judgment laid out in McDonnell Douglas. (McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792.) If your employer, in response to your initial DFEH claim, terminates you or otherwise mistreats you in the terms and conditions of your employment, you can make another DFEH claim for retaliation. You should consult with a California employment attorney. These cases are very fact specific.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship.
Can I legally be fired if I have a doctors note for tearing a muscle in my arm and didn't get my shifts covered?: I'm a waitress and I tore a muscle in my arm which means no lifting and no working. My manager has made it clear that I am now at risk to be fired because I could not get all of my shifts covered by other employees. Can they legally fire me for not getting my shifts covered even though I have a doctors note?
Francis’s answer: If your physician put you temporarily out of work for medical condition / disability leave, then you are under no obligation to fill your absence for your employer. Make sure that you have provided your medical note to your employer and have filled out your employer's medical leave paperwork. If your employer fires you for not finding substitutes, that may be discrimination on the basis of medical condition / disability, and the reason offered for the termination merely a pretext. You should contact an employment attorney in California for a consultation.
I was on maternity leave and 5 days before I was scheduled to return to work I was called and fired. Is that legal?: My position is still there but just filled with someone else. I thought that while on maternity leave I was protected under FMLA and the only way they could not let me back is if that position no longer existed?
Francis’s answer: You might have a claim for discrimination in violation of FMLA and the CFRA (California Family Rights Act). Additionally, the Pregnancy Disability Leave act requires employers to guarantee the same or a directly comparable position on your return from pregnancy leave. Sufficient notice for leave must be given to the employer else the termination may not be lawful. You should contact an employment attorney in California for a consultation.