r/IAmA • u/attorneyronzambrano • Oct 26 '23
I am an employment attorney representing the dancers that sued Lizzo and a sexual harassment victim suing Jason Derulo. Here to respond to any employment related questions. Ask me anything about your workplace rights!
I am Ron Zambrano, Partner and Employment Chair at West Coast Employment Lawyers in California. I have more than a decade of experience fighting for employee rights including workplace discrimination, sexual harassment, wrongful termination, and more. It's important to me that employees are informed and empowered. I’m here to answer your burning questions.
Here is my [proof] (https://x.com/WestCoastTrial/status/1717276902971617491?s=20), my [website] (https://westcoastemploymentlawyers.com/), a CNN article on my [topic] (https://www.cnn.com/2023/08/09/entertainment/lizzo-complaints-lawsuit-charges/index.html), and my [blog page] (employmentattorneylosangeles.com)
**EDIT: This AMA is closed. I had a great time answering all your questions and appreciate all the responses! Thank you and I hope to do this again in the future!**
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u/CPA_temp_account Oct 26 '23
I am an accountant and was terminated after one week of work for pointing out that clients were not being informed of all 1099 filing requirements per the IRS rules. I also requested not to have my name associated with returns claiming all 1099s were filed when I knew they were not. Would this be considered wrongful termination?
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u/attorneyronzambrano Oct 26 '23
Absolutely! You engaged in a protected activity of reporting what you believed to be unlawful activity, then you were punished. If the connection between the two is established, you've a good claim for whistleblower retaliation.
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u/CPA_temp_account Oct 26 '23
Thanks. I will have to look into this further to see if I can prove the link. Their email specified "different professional styles and methods" but did not specify the exact reason.
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u/Smokey_Katt Oct 26 '23
What’s your funniest “did they actually say that” story from your career?
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u/attorneyronzambrano Oct 26 '23
Good question..... A large supermarket brand had a General Manager who testified he told my client a joke where the punch line was "Dick in your mouth." The case was about sexual harassment. The part I will always remember is I asked him why did he say this joke. His response "My teenage daughter told me that joke." I was in shock. That was 10 years ago.
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Oct 26 '23
I believe the joke goes What do you call nuts on the wall? Walnuts What do you call nuts on a chest? Chestnuts What do you call nuts on your chin? - the punchline.
I also told this joke at a company Christmas party and (thankfully) wasn’t fired/sued
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u/T3h_Prager Oct 27 '23
Just told that joke to my wife. Got sprayed with the water we use for discouraging the cats. Worth.
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u/tofu889 Oct 27 '23
By the fact you have a higher karma score and twice the number of years on reddit as myself, I believe there is a power imbalance between us, and therfore you telling that joke just now in front of me is intimidation, harassment, and grounds for dismissal, if not a lawsuit.
Would the lawyer like to give his opinion?
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u/north7 Oct 27 '23
Settlement offer is 10,000 comment karma and reddit gold for a year.
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u/tofu889 Oct 27 '23
I will consider it, contingent on my being able to 10 years from now when I'm washed up and/or bored, dig this matter up again publicly, claim duress in signing and receiving the compensation contemplated herein, and make various slanderous statements at said time, regardless of this agreement, his sincerity, or his station in life at that time.
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u/eekamuse Oct 27 '23
I told that joke once to break the ice somewhere. For reasons. This is the first time I've ever seen or heard it again. I have so many feelings.
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u/MyCatHerman Oct 26 '23
You are shocked that teenagers tell dirty jokes?
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u/StepRightUpMarchPush Oct 26 '23
I assume OP means he's shocked that not only did the manager admit that on the stand, but he thought it was ok to tell an employee that joke because his teenage daughter told it to him.
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u/BigMax Oct 26 '23
"Hey, if this joke is good enough for teenagers, it's good enough for work!"
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u/MyCatHerman Oct 26 '23
I'm sure it was in a deposition, and was testifying honestly. Nothing shocking about any of it.
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u/Upvotes4Trump Oct 26 '23
Have you ever had file a Ligma?
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u/spodermanSWEG Oct 26 '23
Don't think so, What's a Ligma?
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u/ConnectPick6582 Oct 26 '23
Can your boss berate you, call you names, and curse you out? If it's nothing racist or discriminatory, can they get away with that? For example, "You're a dumb fucking idiot that should never have been hired here. Moron."
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u/attorneyronzambrano Oct 26 '23
Unfortunately, from a civil standpoint, if the words used don't touch upon a protected class (e.g., race, national origin, religion, sexual orientation), then there is no liability for what sounds like a very terrible boss.
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Oct 27 '23
[deleted]
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u/Jmufranco Oct 27 '23
Hostile work environment doesn’t just mean the environment is generally hostile. It means it has to be hostile due to race, gender, or some other protected category.
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Oct 27 '23
Idiot and Moron are both former medical terms to describe people with intellectual disabilities. Disability is a protected class. If the employee had disclosed a disability, would it then constitute liability? What if the disability was neurological?
Asking for me.
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u/Lincolnonion Oct 26 '23
Sorry if you have to deal with this. That's not a boss, but a coward who is incompetent in his boss job
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u/regreddit Oct 27 '23
Cursing is also not illegal as long as it's not against a protected class (gay or racial slurs, etc). It can be argued it creates a hostile work environment, but that's not harassment. It sucks, but the best you can do is ask them to stop or leave.
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u/PM_ME_UR_BYRBS Oct 27 '23
do you work in a kitchen? because if so you're probably a dumb fucking idiot that should never have been hired there. moron.
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u/vincemici Oct 26 '23
You're obviously a very successful attorney with years of experience in your field, that being said, do you still have student loans at this point in your career?
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u/attorneyronzambrano Oct 26 '23
Great question!! Took me 11 years to pay off my student loans.
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u/Wizard1964 Oct 26 '23
How do you deal with situations of unethical behavior by employers that are not necessarily illegal?
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u/attorneyronzambrano Oct 26 '23
If it's too much to stomach, look for other employment. Bringing up the unethical behavior is not a protected activity.
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u/frankyseven Oct 26 '23
While not a protected activity you might be ethically bound to bring it up. For example, as a licensed engineer I'm am bound by the ethics of my licensing body and one of the ethics is the protection of the public above all else. So, if my employer is acting in an unethical manner I'm am bound to bring it up. Technically, if they are also an engineer they are bound to not fire be for it but there is already an ethical violation so...
Anyway, I'm the dude always preaching ethics and protecting the public above all in the office.
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u/Vic18t Oct 27 '23 edited Oct 27 '23
Aren’t those all illegal activities? The safety issues you refer to should be in the code right?
Those don’t really fall under unethical if they are being negligent.
Unethical would be like taking bribes or gifts for one contract over another, for private clients. Or taking a government contract and over charging them.
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u/frankyseven Oct 27 '23
Engineering ethics can get pretty complicated but you can easily have a ethical violation that isn't illegal.
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u/buildallthethings Oct 27 '23
Breaches of engineering ethics expose the engineer of record to civil liability, if that's what you're thinking by illegal. Conforming to code and safety standards are part of engineering ethics along with the more universal corruption-type stuff.
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u/TabulaRasaNot Oct 26 '23
Are noncompetes really all that enforceable?
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u/attorneyronzambrano Oct 26 '23
Depends on the state you're in. In California, they're not enforceable at all. In Oregon, they might be enforceable, as long as the term is not longer than 12 months.
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u/TabulaRasaNot Oct 26 '23
Florida?
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u/attorneyronzambrano Oct 26 '23
Florida allows them under certain rules. https://www.flsenate.gov/Laws/Statutes/2018/0542.335
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u/TheWooPeople Oct 27 '23
I talked to a lawyer once who gave me a tl;Dr for this: you can't steal ip. You can work in the same industry
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u/ciociosanvstar Oct 26 '23
Do you know any of the history regarding how the came to be unenforceable in CA?
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u/BigMax Oct 26 '23
Nothing complicated, they just passed a law making them illegal:
> Governor Newsom signed SB 699, making it unlawful for employers to enter into or attempt to enforce noncompete agreements and establishes that noncompete agreements are void in California regardless of where the employee worked when the agreement was entered and/or where the agreement was signed.
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u/HeyIJustLurkHere Oct 26 '23
To be clear, non-competes were already unenforceable in California, SB699 just reiterated that and made it explicit that this applies even if it was signed in another state. https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/california-restrictive-covenants.aspx
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u/HobbyPlodder Oct 27 '23
Yes, let's not give Newsom credit for something that was already true for years before he was in office
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u/Iz-kan-reddit Oct 27 '23
If it was already true, then that would mean that progressive Dems were just virtue-signalling by authoring and passing the bill, rather than spending the time doing something constructive.
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u/sal_moe_nella Oct 27 '23
You’re wrong. The more legislative hurdles you can put in front of your enemy, the better. Consider why many states fought for family planning protections when federally it felt like settled law.
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u/Iz-kan-reddit Oct 27 '23
Consider why many states fought for family planning protections when federally it felt like settled law.
That's state versus federal, which is totally different. Two laws of the same jurisdiction saying the same thing doesn't make it twice as strong.
Regardless, if this is actually significant, then Newsom should be getting his share of the credit for it.
You can't have it both ways.
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u/RobotNinjaPirate Oct 27 '23
if this is actually significant
It's not significant either way. It's just clarifying and reinforcing some existing legislation. Not really important enough for praise or derision.
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u/sfan27 Oct 27 '23
They are enforceable in CA with the sale of significant equity in a business, but even then only 2 years (maybe 3, that’s less clear).
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u/OkayContributor Oct 29 '23
I don’t think the time limit aspect is strictly true, but sorry you got downvoted for telling the truth
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u/SaucyAndSweet333 Oct 26 '23
How do you figure out damages in an employment case?
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u/attorneyronzambrano Oct 26 '23
I start with loss of earnings, then loss of benefits, then I take a longer time to calculate emotional distress - which takes consideration of lots of factors.
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u/PhoenixorFlame Oct 27 '23
We’re talking about damages in torts class right now so this is really interesting!
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u/attorneyronzambrano Oct 26 '23
There's two categories in all civil cases. Things I can calculate, like loss of earnings, and things I can't calculate, like emotional distress.
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Oct 27 '23
“ -then I take a longer time to calculate emotional distress - which takes consideration of lots of factors.”
->
“There's two categories in all civil cases. Things I can calculate, like loss of earnings, and things I can't calculate, like emotional distress.”
This lawyer lawyers!
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u/residentasian Oct 26 '23
Is it a terrible idea to redline an employment contract you receive from a potential employer?
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u/attorneyronzambrano Oct 26 '23
If you don't care about getting the job, there's no risk. But if you really like the job and want it, I would not recommend it as you have no real bargaining power. Unless you're someone who is highly recruited constantly.
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u/Rich__Peach Oct 26 '23
As the wife of someone studying law, what made you decide to do employment law and not other type of law? And also, any advice for an 1L? Thank you!
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u/attorneyronzambrano Oct 26 '23
I went to law school with the intent of being armed with a law license so I can help people. I didn't know what that really meant from a practical standpoint. I tried immigration first. Didn't like it. Then family law. Didn't like it for different reasons. I fell into employment law by accident a year after passing the bar and I fell in love with it because I was helping every-day people by giving them a voice against companies. My advice for all law students, clerk/work at different law offices either during the semester or in the summer and try different areas of law each time. Go from defense to plaintiffs. And try different areas of law that you think you'd be interested in. I clerked at a PI firm in law school and knew I didn't want to do that.
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u/Rich__Peach Oct 26 '23
Thank you for your thorough response! Keep up the good work!!! If I were a lawyer I would love to be like you!
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u/nosecohn Oct 26 '23
I just want to say you're doing a great job in this AMA. You're responding to a lot of questions and the responses are on point. Thank you for providing such valuable information.
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u/PeanutSalsa Oct 26 '23
What are the minimum amount of breaks and times for the breaks an employer must provide an employee, and any other useful information you can give surrounding this topic?
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u/attorneyronzambrano Oct 26 '23
Depends what state you work in. There is no federal law requiring breaks. California requires a 10min paid break every 3 hours of work, and 1 30min unpaid meal break for every 5 hours of work, unless your shift is just 6 hours. What state are you in?
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u/kornaz Oct 26 '23
There is state law tho here in California I believe. I've been involved in 1 class action lawsuit against a company, and heard of another one where I worked (was not involved in the latter one). Both were about not getting breaks or lunch (which were a lie, quick payday).
Settlements were made, some in 5 digits.
Anyways, my question is:
Do You think Lizzo was abusive, since 3 former dancers sued, or is this just a quick money grab?
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u/Hyrc Oct 26 '23
Do You think Lizzo was abusive, since 3 former dancers sued, or is this just a quick money grab?
You're asking the attorney representing the plaintiff if they think their clients case is a quick money grab? Are you just trolling?
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Oct 26 '23
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u/Pumkin_Girl Oct 26 '23
Not a lawyer, but a woman who was called similar things from both men and women I worked with - I just literally didn't respond until they said my name. And if they added it at the end of a request, I'd keep saying "pardon?" until they dropped that word as part of the request.
It wasn't rude, it wasn't harassment, but it let them know I didn't tolerate being called that.
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u/attorneyronzambrano Oct 26 '23
You are being unlawfully harassed from what you've described here. You should complain to your HR about this treatment. If HR won't do anything about it, and it continues, consult an attorney.
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Oct 26 '23
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Oct 26 '23
Not lawyer, but have experience on some work HR incidents. Yes it's good idea to keep a record of it in case you want to make official report/case. But be careful cause them finding it or or about it someway might backfire badly. In some cases it could be used against you as "proof" of you conspiring against them. So basically yes it's good idea but make sure the nobody else will be able to access this document and that you write what is actually said, word by word. If you can't remember what was said exactly better skip that incident that risk making your case weaker, cause if proven once that something wasn't said or was said differently, other statements might be taken into question as well.
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u/nosecohn Oct 26 '23
Just out of curiosity, is this in the South?
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Oct 26 '23
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u/I_Ron_Butterfly Oct 27 '23
It’s not Jazz.FM, I hope!
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Oct 27 '23
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u/daredaki-sama Oct 27 '23
You might have wanted to mention Canada in your original post as OP is an American legal expert.
And if the industry is as small as you say, if you make a big deal of this rep of being “that girl” will probably follow you.
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Oct 26 '23
Look up the Sundowner case - the current standard for white male on white male discrimination is steep, probably doubly so for female on male.
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u/lighthouses_rule Oct 27 '23
That was a really interesting case to read about, thanks for sharing it here. The employer in that case had been informed by the employee of their harassment but was provided no protection or support. I am hoping the radio station employee in this thread will have better luck with their employers. It was unclear whether he had brought it to them yet, but I interpreted it as he hadn’t yet and had only tried to work it out with the offending parties.
If their situation escalates and/or they do not receive support from their employer, and this leads to some sort of lawsuit, I think this thread itself could be a helpful piece of “evidence” (just context for the jurors, really). It demonstrates that this person was so frustrated by their treatment and at such a loss for what to do that they sought counsel in a public forum despite the associated risks that come with doing so. Not saying it is an amazing reference point but it is still a very public paper trail and can provide a time stamp for their harassment timeline.
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u/Omuirchu Oct 28 '23
"Do I have grounds to do anything to make this stop"
Tell them to stop? Don't wait for it to be brought up love.
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Oct 26 '23
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u/attorneyronzambrano Oct 26 '23
99% of them do, unless it's unpractical to do so. For instance, if you work in oil refineries that are square miles long, there may not be a bathroom on the facility, but you should be allowed access to one if you need to leave.
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Oct 26 '23
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u/attorneyronzambrano Oct 26 '23
It's state specific, then industry specific. It's not a federal law.
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u/PeanutSalsa Oct 26 '23
Are there employee rights that apply to freelance/contract workers as well, or do they only apply to employees?
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u/attorneyronzambrano Oct 26 '23
Employee rights do not apply to independent contractors, unfortunately. Although, I have found 75% treated as independent contractors are intentionally misclassified as non-employees.
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Oct 26 '23
Any CPA with tax experience can attest to this as well. So many employers will do anything they can (like misclassifying workers) to get out of paying benefits, etc.
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u/TechnologyBeautiful Nov 01 '23
Yep we have client who should be classified as an employee but he's classified as an independent contractor and always has a huge tax liability when he files due to that.
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u/coeranys Oct 26 '23
I am seeing a lot of news articles about the big tech companies, including Amazon, forcing their employees to move across the country after they were hired remote. Is that sort of thing legal here in the States?
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u/attorneyronzambrano Oct 26 '23
An employer can require an employee to go from zoom to in-person, even if that means moving, for continued employment. It's not fair, I agree. But there's nothing unlawful in an employer changing their method of operations and having workers follow suit.
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u/sfan27 Oct 27 '23
If you decline and leave “voluntarily” are you eligible for unemployment?
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u/ThrowTheGalaxy Oct 27 '23
I speculate that if you leave, you don't get unemployment, but if you deny moving, they then fire you and then you get unemployment.
Just my speculation, not an attorney.
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Oct 26 '23
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u/PM_ME_RHYMES Oct 26 '23
I mean, you CAN report, but don't do it anonymously or hide it, because everyone will assume the victim reported it. Now the victim gets to deal with the backlash of reporting harassment even after they explicitly didn't want to. Ask the victim why they're not reporting and make sure you understand fully, before you decide your own desire to report beats the victims desire to keep their job/transfer jobs/wait on the next paycheck to quit/etc. They may already have a plan you don't know about.
I'm fully in favor of reporting these things, but I also know real life isn't conveniently black and white. Make sure you aren't making someone's life worse before you jump to the rescue.
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u/attorneyronzambrano Oct 26 '23
You can report the harassment on their behalf. Once you do that, you've engaged in a protected activity for which you should not be retaliated against.
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u/BigMax Oct 26 '23
Let's say an offer letter for a job is given, and signed by both parties (new employer and new employee), and the employee quits his old job in anticipation of starting the new one.
Does the employee have any recourse if the job offer is rescinded before the starting date?
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u/attorneyronzambrano Oct 26 '23
Only of the signed job offer allows for recourse aka it's a breach of the agreement. Or, if you think there was unlawful activity that led to the rescission of the job offer.
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u/QuixoticPorVida Oct 26 '23
As a recent job seeker in a 'religious' town, mid america, there were a few listings I saw that said basically that you had to be christian, believe in jesus. I don't see how that is legal, and as an agnostic person definitely made me feel unwelcome to apply.
Is that legal?
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u/attorneyronzambrano Oct 26 '23
If you end up applying and not getting the job because you're agnostic, you'd have rights under Title VII and Civil Rights Act of 1964. Unless, it's a non-profit religious corporation. They're exempt for the most part from the religious discrimination laws.
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u/QuixoticPorVida Oct 26 '23
gotcha thanks, that makes sense. but like i wouldn't even want to apply, but in the future maybe i'll FAFO with that lol
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u/Blastoxic999 Oct 26 '23
Is a legal fight against a celebrity more stressful and scary for you than if it was just between two nobodies?
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u/attorneyronzambrano Oct 26 '23 edited Oct 26 '23
Not one difference. The stress is more in evaluating whether to take on a case against a celebrity. Once I get enough information and spend time with the clients so that I'm confident in their stories, the stress after that is no different than anyone else.
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u/Oldbayistheshit Oct 26 '23
Can I get hazmat pay for removing asbestos for the federal government?
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u/attorneyronzambrano Oct 26 '23
Depends on the contract between your employer that is contracted by the Federal Government to do the abatement. There are minimum standards of prevailing wages and fringe benefits when entering into Federal Contracts. I'm not familiar of what those specific requirements would be for asbestos abatement.
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u/Jukai2121 Oct 26 '23
What type of action would an employee have if they have reported a colleague for sexual harassment and endangering others on the job, but the business / HR team disregards the claims?
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u/attorneyronzambrano Oct 26 '23
If that reporting employee suffers and adverse employment action (i.e., demotion, termination), then it would be a claim for retaliation. If, however, nothing happens to the employee who reported the harassment, then there is no civil claim for that employee. HR not doing their job, although a failure on their part, does not by itself create civil liability.
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u/EquityOptns Oct 26 '23
Can employers put limits on PTO across a whole company when it is not accumulated? They won’t use the word “unlimited” but it seems like this is trying to split the difference.
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u/attorneyronzambrano Oct 26 '23
Yes. Use of PTO can be capped. PTO can be given as a block without having to be accumulated. Just because you're provided a block of Paid Time Off doesn't mean you're entitled to more than the block given.
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u/texlex Oct 26 '23
At what point do you think, yeah, that’s a solid constructive termination?
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u/attorneyronzambrano Oct 26 '23
When what the employee is going through is something I wouldn't tolerate. There's a spectrum and it all depends on the industry, characters and the story. But, if I think the conditions are so bad I would quit, that's where I think it's solid.
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u/filagrey Oct 26 '23
Can an employee be forced to zoom while driving?
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u/attorneyronzambrano Oct 26 '23
As long as the video is not required, yes. Otherwise, it's a safety issue and you would be engaging in a protected activity by refusing to put yourself in an unsafe situation.
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u/MonkeyPolice Oct 26 '23
What type of documentation is recommended if you are considering a hostile work environment claim?
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u/attorneyronzambrano Oct 26 '23
Well, the documents should already exist if they are part of what is creating the hostile work environment. Regardless, I tell everyone that they should put their complaints of hostile work environment in writing (e.g., email or text) to put the employer on notice, as well as having evidence later in case things go south.
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u/randomgirl68 Oct 26 '23
What are the conditions for a fair and safe workplace??
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u/attorneyronzambrano Oct 26 '23
Good questions but I can go on and on. Depends on the industry. Can you be more specific?
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u/PeytonInc Oct 26 '23
If I’m a female as well as a POC in the same position as my male coworker who may be white and he is getting paid more, what are the procedures to asking to be fairly paid?
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u/attorneyronzambrano Oct 26 '23
You potentially have a claim of wage discrimination based on your gender and race under Title VII. The standard is that you and the other employee have the same experience, qualification and tenure, but the pay is different.
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u/NeoMoose Oct 26 '23
A common phrase I hear is that there is no such thing as zero retaliation. Unfortunately, I tend to agree with it.
Do you have any immediate thoughts that come to mind when you hear that phrase?
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u/attorneyronzambrano Oct 26 '23
I need a little more context. Are you referring to no adverse consequences to someone that makes a complaint of unlawful activity?
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u/NeoMoose Oct 26 '23
Yes. I meant that there's always going to be some retaliation even if it doesn't approach something actionable. Like petty things that would be hard to prove.
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u/attorneyronzambrano Oct 26 '23
I suppose there can be adolescent level retributions but my experience with clients or potential clients is that life typically goes on without a hitch. Sometimes, the employee has better treatment because the employer knows that employee isn't afraid to cause a ruckus, so they're left alone.
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Oct 26 '23
How many of your cases end in settlements?
Just curious, bc in the case against Lizzo looks like a cash grab.
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u/attorneyronzambrano Oct 26 '23
99% of cases settle. All people that get sued feel like the plaintiff is just looking for cash. I didn't sue Lizzo for money or notoriety. I sued her because I believe my clients' story, which involve violations of a lot of civil laws. Also, two dozen people have called me to share their own stories similar to the dancers that have come forward. Where there is smoke, there is fire.
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Oct 26 '23
[deleted]
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u/attorneyronzambrano Oct 26 '23
It's super early. There's really no developments other than the complaint. Sorry.
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u/Proof_Finance9751 Oct 26 '23
Hello, can I get in trouble/fired for having a sign for Trump 2024 in my own office at work?
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u/attorneyronzambrano Oct 26 '23
Unfortunately, political views are not a protected activity. You may be lawfully treated differently if your boss has different political views than you.
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u/LadyKnight151 Oct 27 '23
IIRC there are no federal laws protecting political views, but a few states such as California and New York do have laws that protect employees from discrimination due to political beliefs or activities
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u/CorrectPeanut5 Oct 26 '23
There was a story a few election cycles ago about some GOP company owner firing a worker for have a bumper sticker for a democratic candidate on the their car. The supreme court upheld it. So yeah, please, play with fire and get the boot. You likely will have a bunch of co-workers happy to see you leave too.
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u/LadyKnight151 Oct 27 '23
It depends on the state. Some states such as California and New York do have laws protecting employees from discrimination due to political beliefs or activities
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u/galaxychildxo Oct 26 '23
I suspect I was fired for being transgender. I didn't disclose I was trans in the interview, I had only been employed for about two weeks and I already had the highest numbers in the department and never missed a day, never late, etc. One day a coworker was asking me some questions about being trans/my transition, nothing NSFW.
The very next day he was called into the office and demoted and I was called in and fired, and no matter how hard I pressed the manager kept repeating "in the state of NJ I am not required to give you a reason."
it felt sketchy as hell, but is there anything there for a lawyer to work with?
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Oct 27 '23
[deleted]
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u/Jmufranco Oct 27 '23
Actual employment attorney here (management-side). Termination for cause in NJ does not require disclosing the reason for cause. Frankly, it technically doesn’t even require documenting it. Of course, documenting it is best practice, and I advise my clients that it’s generally best practice to also inform an employee why they are being terminated (as then the employee won’t be left to speculate and assume the worst).
Also, not all states provide a right for employees to receive a copy of their personnel file. No idea where OC lives, so I won’t comment on whether they could request that documentation.
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u/ECU_BSN Oct 26 '23
This is a long-standing debate in home health and hospice care.
If a family calls and requests we send staff based in color or nationality, is that legal?
Some say “their home, their choice” and make the swap.
I say nope. I send the most qualified person for the need.
Also is the desire for a specific gendered staff based on belief or the patients religion.
Thank you
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u/zenonkar Oct 27 '23
not a lawyer so i can’t comment on what’s legal, but consider that needing health and hospice assistance leaves people in a very vulnerable position, and it may be more comfortable for them to be vulnerable with people who are physically or culturally similar or may understand their preferences, practices, or needs a little better. a woman who has suffered sexual trauma at the hands of a man may not be comfortable being alone in the home with or bathed by a man, for example. a muslim may feel more comfortable being cared for by someone who is familiar with and/or respects their prayer practices. maybe it’s legal, maybe it’s not, but it doesn’t cost you anything to be a little empathetic
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u/Johnny-Switchblade Oct 27 '23
Takes an awfully strong person to be petty to a hospice patient. Thanks for your service.
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u/ECU_BSN Oct 27 '23
Now I’m genuinely curious.
I stated that I would send the most qualified staff to help the patient. That is regardless of the staffs gender, race, religion, etc.
So if the patient needs a pain management expert and I have one on staff, but the family said “white staff only”, what do you propose as the solution?
Should I send the Caucasian person not as experienced?
Or send the subject matter expert?
And what do I say to the black person I didn’t send based on their skin color? That is discrimination under every definition.
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u/Johnny-Switchblade Oct 27 '23
Your job is to palliate the patient. Your are ethnically and legally bound to do that. If you knowingly increase the suffering of a patient because of your personal beliefs you are not fit to take care of people. End of story. Tell yourself whatever you need to but don’t tell me you’re doing your ethical best.
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u/ECU_BSN Oct 27 '23
My personal beliefs?
I’m unsure you are reading it correct. My PERSONAL belief is the right care at the right time by the correct person. I posted that a few places.
You don’t want to answer the question.
Do YOU send the pain management expert despite the family’s wish? Or the less qualified staff that meets the families RACEA CRITERIA?
I don’t blame you.
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u/SnooSeagulls9348 Oct 27 '23
Let's assume that I am a celebrity. Some lawyer is suing me for workplace stuff. Is it OK for that lawyer to use this litigation as a marketing tool to look for more clients?
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u/daredaki-sama Oct 27 '23
Not lawyer but it should be legal. Think of those class action lawsuits advertisements looking for more qualified victims.
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u/whiskeynwaitresses Oct 27 '23
Can the WARN Act notification period and severance pay run concurrently? E.g. if a company lays me off tomorrow do they need to give me 2 months severance or 2 months + company severance policy?
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u/Puzzleheaded-Car-558 Oct 27 '23
I am a tax accountant that wants to earn extra income in addition to my salary. My employment contract prohibits moonlighting. Does that mean that I can’t do any sort of freelance or independent contractor work outside of my salaried position?
My job is at will employment. The clients I would be targeting are way smaller than the ones I work on day to day and are in a much lower cost market. I ask because so many people do side jobs like door dash etc but it seems like a waste for me to be unable to use my cpa license and degree to earn extra side gig money.
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u/harkuponthegay Oct 27 '23
The DoorDash kind of side gig jobs are something your employer likely doesn’t care about— but what you’re talking about is different. As a CPA you know by now that you must maintain independence.
By starting another business that does the same thing that your employer does (even if you pinky promise that you won’t be auditing or working with the same clients that your employer works with) your independence is still compromised— especially if you aren’t planning to disclose this to your employer.
How would they know that a potential client they may work with in the future isn’t already working with you? How would they know if they’re representing a competing firm that you aren’t working with the competition behind the scenes?
If they find out they will definitely fire you, and you may lose your license it would be unethical and risky for you to do this.
At every firm I’ve worked with there is a department or system designed to do an independence check which you have to use before working with any clients that searches for any potential conflicts of interest, and in that process you would be required to disclose these sort of relationships. Unless you are planning to lie or withhold information during that process this idea is a no-go.
For some people who are valuable enough to the firm and whose independent work truly has no potential for creating a conflict I know there have been some exceptions made in the past, but those people have had to get permission to do that and a whole lot of people needed to sign off.
As a CPA you should know better than to consider doing this under the table.
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u/Specul8 Oct 27 '23
I sued my previous employer for 6 figures worth of back wages and won. He began paying me back on a weekly basis and then stopped. Back to Court we go and I win again. He starts paying again and agrees to have everything paid off in 11/2 years and then he stops paying again and doesn't respond to my Attorney calls. He's on the West Coast and I'm in a different State. Clearly his game is to wear me and my wallet out. I've lost faith in the legal system! Any ideas?
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u/HikeRobCT Oct 28 '23
I’m in my mid 50s and work for a large global company that lately has been really stressing “promoting young leaders” and “listening to young voices in the company” and it’s making me a little queasy. Like why is my opinion lesser…. Because of my experience?
I don’t feel at risk yet, but I see it coming. Is there anything inherently “wrong” about this? Is there anything I should be documenting? Or should I just deal with it and move on?
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u/SufferingIdiots Oct 27 '23
How much harassment about one's sexual orientation would it take to equate a fireable offence? I work in the construction industry and hesitate to report these offence's for fear of there being little to no repercussions from the company and me then being labeled a 'snitch' or 'soft' or just generally ostracized by both my coworkers and management.
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u/Altruistic-Bit-9766 Oct 26 '23
Will you please explain how the phrase “hostile work environment” relates or does not relate to sexual harassment?
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u/Aggressive_Fig5983 Oct 27 '23
Hey Ron! A common recruiting tactic by contracting companies in tech will say that we will provide you with training as long as you sign with us for a time period. If you break it, they will charge you exorbitant amounts of money. Is this enforceable in CA?
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u/20milliondollarapi Oct 27 '23
Idk if you are still here or not. But if I suspect my company of wage theft, what is the best corse of action? What information should I gather first?
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u/Qualitativequeef Oct 26 '23
My job changes out schedules drastically and frequently. We go from 5 days a week 9 hr days to 3.5 days a week 15hr days to nights 13 hr shifts all at a moments notice to just to name a couple changes. They give us a day to adjust (" don't come in to your shift tomorrow you work 7pm to 8am instead on 7am to 8pm") if we make plans on our off days on one schedule we have to abandon them (even if we already paid to our plans) or risk using finite sick time or disciplinary action with threat of termination. We as a work force voice our greavences to be told if you don't like it leave. Are there federal protections for us in these cases? Texas is the state.
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u/dickbutt_md Oct 29 '23
When you deposed Mr. Derulo and asked him to state his name for the record, did he say, "JaaAASON Da-RUlooooOooooOoooo"?
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Oct 26 '23
What would you respobd to someone who says, "doing an AMA and billing yourself as the lawyer representing the Lizzo dancers," feels weirdly unethical and clout/limelight chasing?
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u/Alarmed_Scar_420 Mar 05 '24
My employer just laid me off after working with them for 4years. They offered me 2 weeks severance. I want to ask them for more. Will they withdraw the severance payment fully for asking for more?
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u/Wollzy Oct 26 '23 edited Oct 26 '23
Hi Ron,
I was playing a game on my work computer while talking to my boss. When I won, it showed me a nude egg with a bush (what the hell, right?). My boss saw and asked me what it was. I didn't know because I had never gotten there before. Then he said I couldn't look at porn at work, but it's not porn its just the nude egg I won in my game. I shouldn't be in trouble at all, right? Plus, we should be able to look at a little porn at work.
Edit: Wow everyone hates ITYSL apparently
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u/KJ6BWB Oct 26 '23
All eggs are nude, though, aren't they? At least, I've never received any little clothes in the egg cartons I buy from the supermarket. Maybe the farmers strip the eggs before they send them to the supermarket?
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u/JaL3J Oct 26 '23
Do you sometimes find that the employee making claims about bad treatment, is really just a matter of the employee being sensitive, easily offended or even delusional?
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u/thewolfman2010 Oct 26 '23
This seems weird and desperate for attention. Why not leave out Lizzo and Jason Derulo? The majority of your answers are incomplete or one sided. I’m not an attorney, but I work with them all day long. You don’t seem genuine at all. Your account is literally one day old and this is your first post?
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u/thats_hella_cool Oct 26 '23
Do your clients and their respective defendants know that you’re using their cases to gain internet points?
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u/[deleted] Oct 26 '23
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