| 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
A: 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.
|
