What can you do when someone is a victim of discrimination and dscharged for unjust reasons?
A friend of mine was recently fired from her job at a hotel. The reason for her discharge was apparently because she left a dish soap dirty. Her employer humiliated her and was completely rude. They gave her 5 minutes to turn in her uniform and keys. Is there anything you can do? My friend doesn't want to say anything because she is an illegal immigrant. Does that minimize her options?
1 answer | asked Jun 6, 2011 11:10 PM [EST] | applies to California
Answers (1)
Undocumented workers (illegal immigrant as you reference in your question) have the same rights under California Labor Laws as any other workers in the State. That being said, your friend's legal status may have an impact on future damages and any unrelated immigration issues - seek advice from an immigration professional.
Unless there is some pretextual reason for the termination, and depending on the severity of "humiliation" (too vague to assess), California is an at-will employment state - meaning your friend could be fired for any or no reason - as long as it is not an illegal reason.
Based on your description, it is unclear if there is any basis for arguing a pretextual reason for the termination. However, as with any question you may have, it is based to contact a local attorney for a qualified response on the phone or in person.
posted by Raphael Katri | Jun 20, 2011 6:18 PM [EST]
Unless there is some pretextual reason for the termination, and depending on the severity of "humiliation" (too vague to assess), California is an at-will employment state - meaning your friend could be fired for any or no reason - as long as it is not an illegal reason.
Based on your description, it is unclear if there is any basis for arguing a pretextual reason for the termination. However, as with any question you may have, it is based to contact a local attorney for a qualified response on the phone or in person.
posted by Raphael Katri | Jun 20, 2011 6:18 PM [EST]
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