I got hired as a delivery driver but was given a warehouse position
2 attorney answers
I'm sorry to hear that this is happening to you, it sounds like you should consult a California employment attorney to help you evaluate suing your employer for claims related to discrimination, harassment, and wrongful termination. If you moved to accept this position you might also have additional claims.
It is illegal for an employer to discriminate against or harass an employee based on the employee's race or national origin. The racist comments your manager made would likely be helpful in supporting a claim for harassment or discrimination based on national origin.
I recommend you contact a California employment lawyer to discuss your situation. Most of us offer free consultations and would be happy to speak with you about your situation.
This answer is based only on the limited facts provided in the question and does not constitute legal advice. My answer may change substantially based on additional facts. I strongly recommend anyone considering legal action speak to an experienced attorney before acting on any advice in this answer.
The comments made to you relate to your race/national origin may well be unlawful harassment. More would need to be know about the severity or pervasiveness of the comments before someone could tell you for sure if you have a legal case for that.
As to the job changes, schedule changes and the like, the only way those would be unlawful would be if you could prove they were motivated by your membership in a protected class of people (such as your race or national origin). Otherwise what you describe is simply conduct that an employer can engage in with any employee.
It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
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.