My wife is being harassed because she is Spanish and not from the Philippines

Asked about 1 year ago - Panorama City, CA

My wife Has been written up for missing other peoples mistakes and the non Spanish have not been getting the same warnings and now my wife is on a final and does not miss work and has noticed the work load is less for the non Philippino than the Spanish.
The Charge nurses are all Philippino and have never given her any copies of write ups or warnings except today 11-18-13 also she has been asked to punch out for lunch and keep working till back up comes but never does. The state of California Labor has done nothing because they say the Hospitals have a special agreement with the state.
Because of the work load being as it is my wife feels she will loose her job no matter what she does and has been told to go see HR at 1PM on 11-19-2013 if she doe not like her Supervisors reasons

Attorney answers (3)

  1. David Herman Hirsch

    Contributor Level 20

    3

    Lawyers agree

    Answered . Its a little difficult to follow what you are asking, and you also did not post a practice area, but from what I can tell you are saying that your wife is being discriminated against on her job on the basis of her ethnicity. If that is correct it would be unlawful. My guess is that it may be difficult to prove, but in any case she should consult with an employment law attorney who can review all of the facts and circumstances and help her determine how to proceed. . Use the Find a Lawyer tab on Avvo to search for an employment law attorney. Also, here’s a link to the California Employment Lawyers Association website where you can search for an employment law attorney in your area. CELA attorneys specialize in representing employees and many offer free consultations. Best of luck to you.

    http://www.cela.org/

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  2. Michael Robert Kirschbaum

    Contributor Level 20

    3

    Lawyers agree

    Answered . If your wife believes she is being treated differently because of her race, ethnicity, national origin or any other classification upon which an employer may not discriminate, she should submit a formal written complaint to the Human Resource Dept., articulating specific examples of discriminatory conduct. The employer must investigate claims of unlawful discrimination without retaliation. However, this would not prevent the employer from taking disciplinary measures it would have taken regardless of making such a complaint, if it is based on legitimate performance issues.

    You should have your wife consult with an employment law attorney to assess the facts of her situation and provide more informed legal advice.

    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... more
  3. V. Jonas Urba

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . Mr. Hirsch has provided your wife with good suggestions. It sounds like your wife is preparing to lose her job. She should consult a licensed employment lawyer BEFORE she loses her job. Good luck.

    Not legal advice / No lawyer/client relationship.

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