Can I sue the casino for wrongful termination ?
2 attorney answers
I'm sorry this happened to you.
It is illegal to discriminate against someone because of their sexual orientation. The Fair Employment & Housing Act ("FEHA") prohibits it. It is also illegal to retaliate against someone for making a reasonably based complaint about sexual orientation discrimination.
The problem will be one of proof. The burden will be on you to demonstrate that the real reason for your termination was retaliation, and not for the reason they gave.
As you suspect, the law requires the employer to conduct a real investigation, not a sham. If the investigation really was a sham, that goes a long way to demonstrate that you were actually retaliated against.
If you believe that your rights have been violated, and you decide that you want to take legal action, make sure to do so within your statute of limitations or your rights may be lost forever.
I hope the information is helpful to you.
Craig T. Byrnes
Disclaimer: Please be aware that I am not offering legal advice, nor forming an attorney-client relationship with you. I am not representing you, nor doing anything to protect your legal rights. If you believe that you have suffered a legal wrong, take action before any statute or limitations expires, or your right to do so may be lost forever. Good luck in your legal matter.
Everything Mr. Byrnes has said is accurate. I just want to add that since in your headline you suggested your employer is a casino, it is important for you to know that the California law that would otherwise protect you against unlawful discrimination, harassment or retaliation may not apply to you if you are an employee of a casino on within the jurisdiction of an Indian casino on a reservation. The laws of the Indian nation may well control the rights you have. It would be important for you to locate an attorney who have a good working knowledge of the particular Indian tribe that owns the casino you worked in to learn which law will apply.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.