Wrongful termination cases dealing with alleged discrimination follow similar legal precepts and holdings nationwide, including in California. That is because employment discrimination cases are brought mainly under uniform federal statutes in federal district courts. In those cases where plaintiffs choose to proceed in a state forum, the state laws and legal principles are similar to federal law.
One case in another state that was recently filed in a federal district court is similar to a typical individual claim of discrimination that is filed in the federal and state courts in California. A man working for a moving company for 13 years found it necessary to miss several weeks of work after being rear-ended in an auto accident, according to the complaint. When he returned to work, the employer made its displeasure apparent by not scheduling him and then sent him a letter of termination a few weeks later.
The man is asserting a claim of racial discrimination and also a count for violation by the employer of the Family and Medical Leave Act (FMLA). FMLA entitles a person to a certain number of days off without pay under circumstances such as an extended illness. An employer may not discriminate for the employee’s choice to take qualified leave under the Act. An employer must cooperate with the employee in an FMLA situation and must send the appropriate forms to be filled out.
With respect to the man’s claim of racial discrimination, he will have to present evidence that he and persons of his race were discriminated against in favor of persons of another race. While this may be difficult to prove in some instances, there are many evidentiary routes to follow for the uncovering of evidence against the employer’s possible discriminatory practices. An employee in California who is encountering these kinds of problems at work will benefit by obtaining a consultation with an attorney who handles employment discrimination cases.
Source: pennrecord.com, “Mover sues company over allegations of discrimination and wrongful termination“, Annie Hunt, March 29, 2016