California Labor Law: Bi-polar Cook Wants Just Desserts

Antelope, CA When you hear of someone being discriminated against and wrongfully terminated, it’s cause for concern, especially when it happens to be their very first job. That can leave a bad taste in your mouth - permanently. But Anthony had enough wherewithal to know his boss violated the California labor law.

Anthony, 20 years old, suffers from bi-polar disorder, but it didn’t interfere with his work as cook/dishwasher at a Mountain Mike Pizza franchise. In fact, nobody even knew about his condition (he had worked there for six months) and Anthony wasn’t required to divulge that information to his employer, unless he was asked.

“On my day off I had a nervous breakdown and had to be hospitalized overnight,” Anthony says. “Because I couldn’t go back to work the next day, my employer told me to get a doctor’s note, which said ‘Crestwood Psychiatric Clinic’ on the letterhead. I just missed one day of work and I was under the assumption that I would resume my usual work schedule. I worked the night shift, starting at 6 p.m. until midnight, five days a week.”

Despite Anthony’s positive work record, his boss (the franchise owner) fired him. Anthony has looked into the California labor code and believes he has been both wrongfully terminated and also discriminated against due to his disability.

“As soon as my boss knew that I suffer from bipolar, my hours were cut to zero, but she kept me on as an employee for more than a month,” Anthony explains. California is an “at will employment” state, but that is no excuse to lead Anthony on for that amount of time: It is unfair and illegal to discriminate, but it is downright mean to leave him hanging for more than a month without any income.

“When it was time to get the week’s schedule, she would call and say they didn’t need me,” says Anthony. “This is a fast food restaurant; there is no way over 30 days that you don’t need one of your cooks, or need the dishes washed. A co-worker told me that she had hired three new people during my absence.

“I finally sat down and talked to my boss. She said that I had threatened her, the company and an employee! I didn’t learn that I had threatened anyone until I had this conversation with her, which took place about three weeks after the hospital incident. She said this employee feared for her life, which was ridiculous. Fortunately, when I tried to talk to her, I had one of my co-workers, Christina, with me. ‘I have no idea what you are talking about because he would never threaten anyone,’ Christina told my boss. But she was still adamant that she had no hours for me.

“I explained to her that I really needed the hours, even though I was getting paid $8 per hour, which is exactly the minimum wage. I would take any shitty job she had, including standing outside waving the restaurant’s sign. She even denied me that. I could blow the whistle and report her to the health department if I wanted to be vindictive, but she will get her just desserts eventually and I don’t need to add to it.

“I contacted the California Labor Board because I am not the only one she is messing with. She has also discriminated against other employees; she has treated them wrongly. As for a California labor lawsuit, I don’t expect anything. I just want her to know, through the proper legal channels, that she can’t treat people this way. Given the economy and employers like her messing with you, it is extremely hard to find work.

“I recently found a better job and I am getting paid $9 per hour. And I told my new employer that I am bi-polar. He didn’t ask so I wasn’t obligated to tell him anything. But I explained the previous situation and he wants to give me a chance. ‘I have heart,’ he said.”