I want to know if I can sue my employer for discrimination and for not complying with what was offered at the time of hire.

Asked about 1 year ago - Rialto, CA

I was living in LA when I received a call from this employer saying that they were interested in me. They did a skype interview and I was offered a position and a salary but neither the position or the salary is what they offered. The problem is that this job is in California and now its a big disappointment. They did not pay for the relocation and on top of that I have a supervisor who told me from the first week that I was not going to make it in the job it was very obvious she doesn't like me and has tried her best to get me fired. I did not get the proper training but still I am able to do the job because I found my way to learn. I am being pushed to resigned. Now they hired new people to do the job and got me out of the office. I feel harassed by my supervisor and discriminated.

Attorney answers (4)

  1. Christine C McCall

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Discrimination against you based on ... what?

    Race? Religion?

    The EEOC does not have jurisdiction of employment situations simply based on unhappy results. There must be evidence of employer action based on protected characteristics or protected activities. Absent any evidence of any ground of unlawful discrimination, the EEOC has no legal ability to do anything to assist you.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. Michelle A. Perfili

    Contributor Level 13

    Answered . Employers are precluded from making false representations to induce an individual to move in to the state. California has a statutory fraud claim that is included in the labor code. These claims are fact sensitive and you should collect up all documentation as to the promises made. I realize there was a Skype interview, but do you have confirming emails or correspondence.

    As to a discrimimation claim, I am not sure what the basis is that you are claiming (I.e. race, age, gender, etc.) but it seems this may also be a factor depending on what facts you can bring forth. Since it appears you are still employed (yet out of the office) you may want to consider contacting an experienced employment attorney and fully and confidentially discuss the specific facts of your case and strategies that may considered outside of this public forum. If you can make out a claim for fraud and discrimination (as well as potentially a breach of contract) you may be able to work out a settlement prior to engaging in litigation. This may be especially true as you are saying they are trying to push you out. I hope this is of help and wish you all the best.

  3. Eve H. Wagner

    Contributor Level 2

    Answered . California Labor Code Section 970 prohibits an employer from inticing someone to relocate from one place to another in California by making false promises concerning, among other things, compensation and the character of the work. Depending on where you moved, this section may be helpful. More information is needed regarding your contention that your were harassed and discriminated against. California is an "at-will" state. If the the harassment/discrimination was based on a protected class, you may have a claim.

  4. James M. Osak

    Contributor Level 15

    1

    Lawyer agrees

    Answered . File a complaint with the EEOC.
    If they fire you after that you'll
    have a potential "whistleblower"
    action against them.

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL... more

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