I am a temp to hire employee. I have been working for almost one year. The company's rule is, after one year hire or fire. There are few other temp employees that came to work after me at five months later. We all have the same title with very little difference in job duties.But since my contract is coming to a end. The boss wants to lay me off get me out of the way hire the other guy and then call me back to work. It seems he wants to keep me on my knees without benefit. He also made statements that he doesn't want to hire a certain group of people anymore. Which I belong in that group.
Employment / Labor Attorney
If this company has a track record of treating people of a particular race less favorably than those of other races and one of the decision makers or a person who can influence the decision to hire or fire has made comments which reflect racist considerations, you do have evidence which indicate racial discrimination.
These are facts that need to be investigated and evaluated by experienced employment law counsel. I suggest you contact one or more attorneys in your area to get a legal opinion and discuss your options. You can find employment law attorneys in your area by either using the "Find a Lawyer" function on this page, or by going to the website for the California Employment Lawyers Association at www.cela.org and search for a CELA memberin Sacramento.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
Employment / Labor Attorney
Most of which you discuss is not unlawful. However, when you say the employer does not want to hire a certain group of people any more, it raises a red flag of possible discrimination. However, not all discrimination is unlawful. If that comment was relating to a racial, national origin, cultural, gender, age, disability or other protected groups of people, then you have evidence of a discriminatory attitude. If the comment related to a group that was not based on the protected classes of people, the employer is likely going to be allowed to discriminate on that basis.
The inconsistency I am seeing in your question is that it appears the employer wants to hire you back, even though you are in that class of people.
One last thing that you need to understand - a refusal to renew a contract that has expired is not generally considered an adverse employment action. I have never thought that is good law, but it is the law nonetheless. If you are coming to the end of your contract, the employer has no legal duty to renew your contract, and the law provides that even if the employer refuses to renew the contract for a motive that would otherwise be unlawful, the employer may elect to not renew the contract.
Good luck to you.
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Employment / Labor Attorney
I agree with Mr. Kirschbaum and Mr. Pedersen.
What is the "certain group" the employer does not want to hire? Is it based on your race? If the group is a protected group, there may be a violation of law. Together, state and federal law protects an employer from treating employees differently if that treatment is based on race, color, religion, sex, sexual harassment, sexual orientation, marital status, pregnancy, national origin (including language use restrictions), ancestry, mental or physical disability including HIV and AIDS, medical condition (cancer and genetic characteristics), age (40 and above), requests for family leave, requests for pregnancy disability leave, retaliation for reporting patient abuse in tax-supported institutions, failure to provide equal pay to similarly-situated male and female employees, or genetic information. Additional laws protect employees who requested, needed or took family leave, or who are whistleblowers.
For more information on discrimination law, please see my Avvo guide on this subject: http://www.avvo.com/legal-guides/ugc/what-is-unlawful-employment-discrimination--california-law.
Employment discrimination law is complicated and fact-specific. You may wish to consult with an experienced plaintiffs employment lawyer as your situation needs an assessment of the specific facts. The Avvo board is not set up to handle the kind of detailed analysis needed to offer helpful guidance. Avvo works best for short, specific questions that allow for short, specific answers. Perhaps more importantly, anyone can read the discussions on Avvo so they are not confidential. The employer or whomever is involved in the dispute can read everything written here.
You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing.
I hope you can resolve your situation and wish you the best.
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