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Discrimination Q & A

by The Law Offices of David Greenberg,

If you've got any questions about work law, discrimination or sexual harassment, you've come to the right place! Check out these legal stumpers based on actual cases considered or litigated by The Law Offices of David H. Greenberg and its attorneys. Know if you've been discriminated, harassed, treated unfairly, or in some cases, fired just for being lazy.

Q: Part of my job entails entertaining out of town customers with my boss when they come to town. We're talking entertainment and no more! I'm a strawberry blonde with a gorgeous figure and face. Recently I've been hearing rumors that my boss is telling customers that he's sleeping with me, which is definitely not true. What can I do?
S.B., Woodland Hills

A: How reliable is the source of the rumor? Maybe that person made up the story? Have you heard the rumor from more than one person? After you confirm that your boss is spreading the rumor, confront him. That should get it to stop. Keep detailed notes as to who told you, when and what they said. If you think your boss is vindictive and might fire you in retaliation, report this to his boss so you can prove retaliation if you are fired. This is not only juvenile behavior, it is sexual harassment and slander. You could sue his ass for saying he's getting yours.

Q: I was hired by a fast food place three weeks ago. My boss yelled at me for being slow and coming in late. He then fired me for arguing with him. I'm nineteen years old and Hispanic. Can I sue?
S.S., Gardena
A: Get a life! I'd fire you too! You were only on the job three weeks and you were slow, late and argumentative. Why do you think you can sue them, just because you're Hispanic? You say they fired you for arguing. As long as they didn't fire you because you're Hispanic they haven't broken the law. How would you prove your race was what motivated them? Weren't you Hispanic when they hired you three weeks before? If they hired you knowing you were Hispanic, how could you prove they fired you because you're Hispanic? My advice is to get another job, work faster, show up on time and don't argue with the boss.

Q: I recently got laid off. I'm a fifty-five year old female Hispanic and I have high blood pressure. By the way, I've worked for the company for 11 years. Can they legally lay me off?
C.D., Santa Monica

It's not the what but the why! Almost everyone fits into some protected category. Motive is the question and the burden of proof is on you. You cannot be laid off because you are fifty-five or a female or Hispanic or have high blood pressure. You can be laid off even though you are fifty-five or a female or Hispanic or have high blood pressure. See the difference? Did the company lay off other people and if so did they all fit a particular category? The fact that you worked there eleven years, at least part of which time you were all of those things would tend to show they did not lay you off for an illegal reason.

For free legal advice from The Law Offices of Atty. David H. Greenberg, use their Email Response Form. The Law Offices of Atty. David Greenberg only charges on recoveries for legal fees, to minimize financial risks for clients and better serve unfairly treated employees.

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