California Labor Law: Discrimination Caused Wrongful Termination?

Sacramento, CA Laquisha, who is black and gay, believes she was wrongfully terminated because she was discriminated against. And she was also fired while on disability leave. Could her employer, Verizon Wireless, have violated the California Labor Law on three counts?

Laquisha started working in sales at Verizon in 2007. She says that everything was fine until last November. "I got along with everyone at work except for one of my co-workers," says Laquisha. "I'm an African-American lesbian who dresses 'kind of butch,' and I guess this bothered him. He made some comments about how gays shouldn't be allowed to work in this environment. This wasn't the first time he had made discriminatory remarks??"someone I worked with told me as much??"so this time I decided to report him to the new director.

"I emailed the director??"he had told us to call him directly with any complaints rather than go to HR??"and he replied immediately. 'I am so sorry this has happened and I will get back to you a.s.a.p.' But instead of hearing from him, my immediate supervisor began monitoring my sales calls excessively. Our calls are always monitored at random, usually three or four every few days. The first day I worked after my complaint, she monitored five of my calls.

"Then my supervisor, who is white and straight, accused me of talking to my sister (who also works at Verizon but in a different department) while I was on the clock. But my sister asked this supervisor if she could talk to Sherita, who works nearby, and she was given permission to do so."

According to Laquisha, it would seem like her supervisor was intent on making trouble for her. Even though Laquisha has been "number one" in sales month after month, she got a verbal warning from this supervisor in early November. She kept her head down and concentrated on work, but by the end of the month, the stress was too much to handle.

"I was getting sick from so much stress," explains Laquisha. "I had anxiety and panic attacks, and my blood pressure reached an all-time high so I got a doctor's note and took stress leave."

Laquisha was scheduled to return to work December 23, but her supervisor phoned on December 19 and told her that she was fired. "She said that a customer called and complained about me, about how the sale went," says Laquisha, "and that is all she said. I was in utter shock, I couldn't believe it. She said that details would be in the mail. The only thing I received was a letter stating that if I have any property belonging to Verizon, to return it immediately. Then I received my final check.

"I bought my first house in June and I live alone. Now I'm wondering how I'm going to make the next mortgage payment. I firmly believe that I was terminated because I am black. And I am the fourth black person to be terminated since this new director was hired??"three of my co-workers were fired in December and the company wasn't downsizing. My sister thinks her days are numbered too.

"I worked here for four years and had a stellar work record. I have never been in any trouble regarding my performance. As well, my understanding is that you get a verbal warning and a written warning, then a final warning before termination. I just got a verbal warning, and that wasn't even justified.

"It's crazy to think this discrimination goes on in 2011; that a company such as Verizon could violate the California labor code in this manner. Since I was fired, I have received a number of phone calls from different employees and even supervisors at Verizon saying how wrong they are in firing me.

"I contacted an employment attorney through LawyersandSettlements and they are currently getting my employment records. I am looking for work but I don't want my job back. I think it would be fair to get compensated at my regular rate of pay??"including the average rate of my commission??"from the time I was terminated until I find a new job. That isn't asking much. But even more than that, Verizon should not be allowed to discriminate against anyone!"

Discrimination and wrongful termination are clearly violations of the California labor law. As well, Verizon may have violated the Americans with Disabilities Act by firing Laquisha while she was on disability leave. Her employment attorney is investigating…