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Employment and Criminal lawyer

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8 Main Disability Discrimination Questions

8 Main Disability Discrimination Questions
What are the 8 Main Disability Discrimination Questions? California is an at-will employment state. As an at-will employee in California, an individual may be terminated for any reason or no reason at all unless terminated for an illegal reason. Per California Government Code § 12940 an employer's decision to terminate an employee may be characterized as illegal if the reason is based on an employee's religion, race, color, national origin, gender, ancestry, age, military or veteran status, sexual orientation, gender identity, and or disability. Although this is not an exhaustive list, these are considered as protected classes and if an employee belongs to one of these classes and is terminated based on belonging to one of these classes there are remedies available. Specifically, employees with a disability, whether he or she is mentally or physically impaired are protected. In order to make a claim, the employee would need to contact a Disability Discrimination Attorney.
1- What constitutes a physical disability? A physical disability includes a disease, disorder, condition, cosmetic disfigurement, or anatomical loss or health impairment (§ 12926 (m)(1). The disability of this kind must also impact the employee both in a body system and limit a major life activity. Affecting a body system includes but is not limited to special sense organs, neurological, musculoskeletal, reproductive, digestive, and respiratory. The particular system affected would need to limit major life activities socially, physically, mentally, or while working (§ 12926 (m)(1)(B)(iii).
2- Are mental disabilities recognized? Mental disabilities that limit major life activities are considered protected and include mental or psychological conditions, which range from emotional or mental illness to specific learning disabilities (§ 12926 (j)(1)). Mental disabilities that limit major life activities includes the impairment hindering the efficiency and execution of everyday physical, mental, and social functions (ibid). Further details can be provided by a Disability Discrimination Attorney.
3- How does an employee know if they are being discriminated against in the workplace based on their disability? Discrimination within the workplace takes on various forms which may foreshadow an unlawful termination. Forms of discrimination in the workplace are demonstrated through name calling, singling an individual out, passing an individual up for promotion or opportunities, demotion, failing to accommodate a request for reasonable accommodation, involuntary transfer or reassignment, bullying, constructive discharge, and denying benefits. Although not an exhaustive list, discriminatory behavior takes on various forms and is determined on a case by case basis. For further enquirers regarding this type of situation, call a Disability Discrimination Attorney.
4- What is expected of an employer? Pursuant to the California Code of Regulations, title 2, section 11069, the employer should endeavor to facilitate an interactive process between themselves and the employee with a recognized disability. This interactive process is built on open communication between the employer and employee in order to maintain up to date knowledge of the circumstances. By maintaining this interactive process, the employer is on notice and subject to accountability for being aware of the employee's needs for accommodation. In addition, this process promotes the exchange of ideas to reach a set of reasonable accommodations that are appropriate for the individual.
5- What kind of accommodation should an employer provide? An employer should provide reasonable accommodation. Reasonable accommodation provided to an employee entails adjustments and modifications of the employee's position that enables the employee to have an equal opportunity as their peers to carry out tasks. Some circumstances may require the employer to suggest transferring the employee to a more practicable position, ensuring the job-site facilities are accessible to the employee, permitting a service animal to accompany the employee at work, supplying the employee with a reader or interpreter, providing a modified schedule as well as part-time work, providing accommodation for training or tests or additional training, and providing any other reasonable modifications to the employee's work-site and or environment. For more clarification on what kind of accommodation should be provided, ask a Disability Discrimination Attorney.
6- What does it mean to be retaliated against? Once an employee makes a complaint against their employer or against any practice within the organization regarding their recognized disability, the employee could be mistreated by means of retaliation. This situation arises when the employee makes a complaint against certain unlawful practices that violate FEHA regulations being conducted within the workplace. In response to the complaint(s), the employer or organization takes adverse employment action against the employee. For example, an employee with a hearing impairment makes a formal complaint to their human resources department regarding his or her supervisor refusing to hire a sign language interpreter for a required training seminar. Shortly after the complaint is made, the employee is demoted to a lower paying position that does not require attending the training session. Here, the organization's response to the complaint may be characterized as discriminatory and retaliatory based on the employee's protest against their supervisor's refusal to provide reasonable accommodation.
Even if the employee's specific request for accommodation is not granted, the employee is still under the protection of FEHA in that they can both be discriminated or retaliated against for making the request in the first place. Such circumstances need to be evaluated by a Disability Discrimination Attorney.
7- What is considered unlawful employment practices? If an employee falls under one of the recognized protected classes, specifically in this case the employee possesses a physical or mental disability, and an employer mistreats the employee based on having a disability may be considered unlawful. The FEHA and California Government Code § 12940(a) qualify unlawful treatment as being demonstrated through hiring practices, path to promotion selection, distribution of work benefits and privileges or compensation.
As previously mentioned, an employer is required to provide reasonable accommodation for an employee with a recognized disability. It is considered unlawful under FEHA for an employer to refuse to implement reasonable accommodation(s) requested by the employee as well as not consider recommendations made by the employee's licensed physician. Also, for further assistance on the matter, discuss the matter with a local Disability Discrimination Attorney.
8- How to prove an employee has an action in disability discrimination against their employer? There must be a direct link between the employee's disability and the reason for termination. In other words, the employee must prove that they were fired based on their recognized disability. For example, an employee is diagnosed with a condition in which their vision is significantly impaired and shortly after their employer is put on notice of this, the employee is let go from their position "because they can't see". This would demonstrate a causal link between the employee's disability and the decision to terminate. Alternatively, the employee may need to prove that the connection between the disability and the termination was demonstrated through unequal treatment or failure to make adjustments or modifications were necessary to do so.
If an employee wants to know if they have a case concerning these issues they need to reach out to a Disability Discrimination Attorney.

برچسب ها : 8 Main Disability Discrimination Questions ,
+ نوشته شده در چهارشنبه 23 خرداد 1397ساعت 3:16 توسط Afshin Tehrani | | تعداد بازدید : 0

3 Types of Sexual Harassment at The Workplace

3 Types of Sexual Harassment at Workplace
What are the 3 Types of Sexual Harassment at the workplace? California's Constitution protects employees from being harassed within the workplace. Employees and employers should be familiar with the Fair Employment and Housing Act and the California Government Code § 12940(j)(1), which makes it illegal to harass an employee. Harassment isn't always physical and it is not always directed at a particular employee but it may still offend that employee. Employees may be targets of harassment based on their gender, gender identity, the way in which they express their gender, or based on an employee's pregnancy, childbirth, or related medical conditions (Cal Gov Code § 12940(j)(4)(C)). However, sexual harassment remains the most prevalent in the workplace above all other forms of harassment. Sexual harassment can come in the form of physical, verbal or visual acts.
What is expected of the employer and or organization?
It is not always an employer who is sexually harassing the employee, sometimes it can even be other employees sexually harassing an individual, however, this does not absolve the employer from being responsible for the occurrence of the harassment (Gov. C. § 12940(k)). Under FEHA regulations, employers are held accountable for not taking reasonable steps to prevent harassment from taking place. Reasonable steps taken by employers to ensure a safe and sexual harassment-free work environment includes providing prevention training. Employers are also expected to provide a copy of the California Fair Employment and Housing fact sheet to all employees upon being hired.
If an employee feels unsafe in their own workplace, it is important to discuss their potential claim with a Sexual Harassment Lawyer.
1- Physical Sexual Harassment
3 Types of Sexual Harassment at Workplace
Physical sexual harassment is the most obvious and well-known form of sexual harassment. It is exercised through unwelcome touching such as rubbing up against a person or physically interfering with another's movements or preventing another from completing their work. Examples of unwanted touching would be if employee A placed his arms around employee B and employee B felt uncomfortable with this and asked employee A to stop. Another example would be if employee A would block employee B with his body from leaving the copy room, preventing employee B from leaving that area without having to touch employee A. An employee who has been subjected to physical sexual harassment should discuss the matter with a Sexual Harassment Lawyer.
2- Verbal Sexual Harassment
3 Types of Sexual Harassment at Workplace
Remarks or comments that are disrespectful insults or slurs may also be considered as verbal harassment towards an individual. Under FEHA regulations, an employee may identify their experience with verbal comments as "harassment" even through nicknames, labeling, or titles. Examples of this would be employee A nicknaming employee B "Hot Stuff" or "Big Butt Balinda". These kinds of nicknames or titles are offensive and comment on an individual's anatomy and also have a sexual connotation.
Although the workplace is a space for professionals who are employed by an organization, some employees today are subjected to feeling uncomfortable and endure unwelcome interactions while at their place of employment. This can be distracting for a victim of this behavior, leaving him or her afraid to go to work. The Fair Employment and Housing Act regulations recognize verbal harassment as a form of harassment and specifies "romantic overtures" as a type of verbal harassment. But what exactly does that even mean? Put simply, this means romantic or flirtatious gestures from person A to person B in an attempt to progress a platonic or formal relationship to a romantic level. These attempts as in plural, are continuous and consistent.
In order to give rise to a claim, romantic or flirtatious remarks are still considered harassment whether the remarks are subtle or obvious. Subtle verbal overtures may be an invitation to go on a lunch or dinner date. In this scenario, although an invitation to lunch or dinner may be a way in which friends interact with one another, depending the particular circumstances this may be construed as harassment. An obvious verbal overture may be a comment such as "we would make beautiful babies together" or "I wonder what it would be like if we dated". These comments are obvious in an attempt to escalate a relationship into a romantic and or sexual realm.
An individual who has this issue at their place of work would need to contact a Sexual Harassment Lawyer to see if they have a claim against their employer.
3- Visual Sexual Harassment
3 Types of Sexual Harassment at Workplace
The Fair Employment and Housing Act recognizes that sexual harassment may come in the form of visual harassment (2. Cal Gov. Regs. § 11019(b)(1)). At first glance "visual harassment" by definition may seem obvious in that one individual is exposing themselves to another individual who does not appreciate the exposure. However, visual harassment comes in other forms that are not as blatant as perhaps a fellow employee exposing themselves. Visual harassment can be demonstrated through cartoons or drawings that are considered offensive and or insulting to the victim. For example, a male employee may draw a character of a fellow female colleague in which her breast size is exaggerated. In that scenario, the female employee is being sexual harassed based on the visual of herself which could be construed as sexual in nature while also making her feel uncomfortable.
More commonly, in an age of technology, one employee showing a video or picture to another employee in the workplace in which that individual finds the visual offensive or insulting, may be considered as visual harassment even though it does not involve that particular employee who is offended. For example, a female or male employee may show or attempt to show another coworker a video of herself or himself having sexual intercourse with his or her partner. In this scenario, although the video does not have anything to do with the employee who is being shown the video, this act is still considered as visual harassment because it is sexual in nature, offensive, and unwelcome.
Visual sexual harassment is also exercised through posters displayed within the workplace. Posters that would fall under this category of visual harassment as mentioned above, would contain visuals that are offensive in their sexual nature and offend the particular individual.
Lewd gestures are also recognized under the Fair Employment and Housing Act as visual harassment. This could be interpreted to cover an array of acts being performed by one employee that offends another particular employee. For example, one employee may gyrate or perform pelvic thrusts towards another employee. Although the employee carrying out the act is not touching this particular employee nor are they even conducting themselves in that way in reference to that particular employee, it is still considered visual harassment.

An employee who is experiencing this type visual harassment should call a Sexual Harassment Lawyer.

برچسب ها : 3 Types of Sexual Harassment at The Workplace ,
+ نوشته شده در چهارشنبه 23 خرداد 1397ساعت 1:47 توسط Afshin Tehrani | | تعداد بازدید : 0

How The American Disability Act (ADA) has protected the disabled workers?

How The American Disability Act (ADA) has protected the disabled workers?
How The American Disability Act (ADA) has protected the disabled workers
The American Disability Act (ADA) has increased the probability that disabled workers can be included in the workforce. No longer can businesses choose to not hire a job applicant because of autism, past episodes of cancer, or any major or long-term factor that hinders any major life activity (eg: vision, learning, walking, etc.). The passing of this law essentially made it more difficult for companies to pass over candidates with health complications that obstruct these candidates from executing major life activities like most people without a disability.
Prior to the ADA, it was acceptable for people with the incredible potential to be overlooked. What if the NFL barred Tim Tebow from playing in the league because he was dyslexic? Then, the thousands of people who received medical care at the Tebow CURE hospital might not be alive today. Tim Tebow's job in the NFL gave him the money necessary to create the Tim Tebow Foundation and ultimately the hospital in the Philippines. The ADA protected Tebow from discrimination based on a learning disability, allowing him to tap into his athletic potential, earn a sizeable salary, and create medical organizations to help improve the lives of thousands of people. Another example in popular culture of how the ADA has helped people with disabilities can be seen in the new drama on ABC dubbed The Good Doctor. Protagonist Shaun Murphy is an autistic surgeon. Despite Dr. Murphy's social impairments, Dr. Murphy is a brilliant medical professional, able to diagnose medical complications in seconds. The amount of lives Dr. Murphy can improve through proper medical diagnosis is astronomical, and his boss does his best to properly accommodate to Dr. Murphy's social needs for that reason. Prior to the ADA, Dr. Murphy could have been rejected from the hospital, as the director of the hospital has an obvious bias against Dr. Murphy. If a major television company can create a television drama that hinges on the ADA, then it must mean that this law has had an enormous impact on disabled workers in the workforce.
One specific improvement the ADA allowed for was that it gave people in wheelchairs the same opportunities for public transportation which can significantly better these people's performance in the workplace. Prior to the ADA, people with severe motor deficiencies had to abandon their wheelchairs if they wanted to ride a bus or train. Now, imagine being in this situation: a skilled, independently acting professional who must be carried around like an infant because of a neuromuscular deficiency or a spinal injury. It would make a person hate oneself for something that is out of one's control. I will bet that the proclivity to think negatively about oneself was probably extraordinarily high for disabled workers before the ADA existed. This negative thought pattern would logically decrease work productivity, (if the person with disabilities even had a job), increase negative affect, and plummet life satisfaction. With public transportation incorporating mechanisms to house wheelchaired individuals, this allows professionals to maintain a relatively normal social image, have a better self-confidence, and work more efficiently and passionately in the workplace.
The ADA is not only directly beneficial for people with disabilities, it is also indirectly beneficial because of how it helps businesses generate revenue. For instance, handicap accessible walkways and elevators not only allow physically handicapped individuals an easier means of navigation, but it also helps all types of people: people pushing strollers, people navigating a heavy cart, people who have chronic back pain, etc. The inclusivity of physically handicap accessible structures encourages more people to go to a certain place, such as a University or a theme park, and the increased attendance generates surplus revenue to cover the costs to create these structures. In other words, complying with the ADA positively impacts those who do not have a disability and those who experience the disability. Another example of this is the hiring of sign language interpreters. Since the 2008 financial crisis, United States citizens have been recovering from significant unemployment levels. Augmenting this, technology automation has also led to a decrease in available jobs. Thankfully, the need for sign language interpreters has not become automated, and the hiring of these individuals, although costly for a corporation or not-for-profit institution, pays dividends to the deaf community in the workforce. Actress Marlee Matlin, the only deaf actress to win the Best Actress in a Leading Role Academy Award, demonstrates the need to accommodate people with disabilities. Matlin's success shows that some people with incredible talent need help to overcome their barriers so that they can share that potential with the world. Giving necessary resources to people with disabilities allows this to happen, and it not only benefits the people with disabilities, but it also benefits the community around those people, as thousands of people have enjoyed Matlin's performance in Children of a Lesser God.

Prior to the ADA, a person with a disability could barely find a job, a place to eat, or a means to get to either a place to work or a place to dine. People with disabilities could not efficiently navigate the cities, and if they got to the place of interest, they would have to also overcome the social embarrassment associated with their disability. Now, people with disabilities have more opportunities. The ADA promises to enforce that all people with disabilities should have an equal chance of getting a job and achieving their goals in life. The ADA allows people with disabilities to have the same access to public facilities and transportation as everyone else, thereby giving these people a life that is relatively normal and full of potential. Granted, people with disabilities are still statistically more unemployed than their regularly functioning counterparts, and public transportation and facilities are still not completely handicap accessible, but progress has been made. People with disabilities have countless more opportunities today than they did before 1990, and the increase in national organizations that are fighting for the rights of people with disabilities is a promising sign that the importance of ADA will not fade as time passes.

برچسب ها : How The American Disability Act (ADA) has protected the disabled workers? ,
+ نوشته شده در چهارشنبه 23 خرداد 1397ساعت 1:41 توسط Afshin Tehrani | | تعداد بازدید : 0

How people have fought against discrimination

How people have fought against discrimination
How people have fought against discrimination
Many employees face discrimination. The ADA, ADEA, Title VII Civil Rights Act and OSHA' s whistleblower laws help females, minorities, disabled or mentally challenged employees either get and keep their jobs. Also, any employee who files a complaint is protected by the OSHA' s whistleblower and civil rights laws.
Prior to 1960, there was a lot of discrimination. Presidents such as Abraham Lincoln, John F. Kennedy, and Vice-President Dan Quail have played a major role in alleviating discrimination.
President Abraham Lincoln ended slavery in 1898. This brought freedom to the African Americans. Title VII of the Civil Rights Act protects minorities, females, and employees in non-traditional professions keep their jobs. Non-traditional professions are a reference when female works in a traditionally male environment such as engineering, construction, computer field, etc. Also, it protects males that are in traditionally female professions such as nursing, daycare, hostess, etc.
President, John F. Kennedy played a vital role in the civil rights movement. The 1960's were years when African Americans and other minorities were recognized in employment places due to the Civil Rights Act. Martin Luther King and so many people spoke and publicized equal rights for all people. Without these movements, we would be stuck back in the 1960's where segregation played a role in society. I am glad we have diversity to be the number 1 nation in the world by contributing globally through American influences. Some of the American influences are the Army, Navy, Air-Force, and Marines plus USA companies going overseas. The USA is a role model for fairness when it comes to hiring a diversified workforce. A lot of societies are affected by blood is thicker than water, the caste system in India, and other racial differences. These type of attitudes does not help employees get fair treatment in other countries as well as in the USA.
Vice-President Dan Quail played a key role in creating the Joint Training Partnership Act(JTPA). This helped displaced employees such as homemakers, people who cannot get rehired in their field due to disabilities or attrition, single moms, etc. get training and help for daycare, gas expenses, etc. This has been replaced by other programs for youth, women, and men. I believe JTPA helped you train to your fullest potential. Current programs give you minimal training and low paying jobs, unlike the JTPA program.
My mom, Sandy Dwyer, worked closely with ADA organizations. She was a member of the USA Congress. She handled complaints in reference to ADA and Civil Rights Act. Many employees were terminated because of their differences. She has processed many complaints and tried to get their job back by mediation.
My mom has closely worked with BVR employees. BVR stands for Bureau of Vocational Rehabilitation. One of her clients had back problems. Due to her disability, she received a scholarship. Since my mom was a BVR contractor she was able to help this lady pass her math class to obtain her degree. There are many examples and miracles she was able to put in place.
The OSHA whistleblower act is a key because it protects employees and citizens from filing complaints against any company. Prior to working for Congress my mother, Sandy Dwyer, was a Senior Environmental Engineer. She would get many complaints from citizens. Her job was to inspect and process the complaints. One of the complaints was in reference to a sludge management plan. This was the practice of spreading manure on farm fields to help save money for farmers as well as meeting pollution prevention act to avoid irresponsible disposal or filling up landfills quickly. She found out a neighbor boy could not handle the smell and would set off his asthma attacks. She was able to show other forms of fertilization instead of manure spreading. All in all, everything was kept anonymous.
When it comes to laws California and New York set examples for rest of the states. I live in Ohio. California, New York, and Ohio are in the top 10 states for setting precedent on all laws including Civil Rights, ADA, whistleblower, and other acts.
When new laws are enacted it takes a long time to get them through the Congress. Implementation has to be accepted by each state before each city implements fairness laws.
America-USA is known to have the most lawyers compared to any country. Next is the UK. We surpass the UK in terms of lawsuits. I think having so many lawyers keeps all employees and firms on their toes. Because of lawyers and the legal system we are able to set an example to the rest of the world when it comes to diversity. Most of the world comes in contact with a US influence through the military, USA firms or retail firms such as McDonald's hamburgers and fries. Because of Civil Rights Act and diversity we hold no bars when it comes to going overseas and starting a business. Lawyers are utilized in this process to get the ball rolling overseas.

Thanks to law firms such as Steven and McMillan we as America, employees, and citizens are able to freely pursue any career without restrictions. Without law firms such as yours, only a few would benefit. Due to law firms like yours and our legal system we experience diversity and equal employment opportunities.

برچسب ها : How people have fought against discrimination ,
+ نوشته شده در چهارشنبه 23 خرداد 1397ساعت 0:15 توسط Afshin Tehrani | | تعداد بازدید : 0

4 Things to Know About Leaves of Absence and Wrongful Termination

4 Things to Know About Leaves of Absence and Wrongful Termination
4 Things to Know About Leaves of Absence and Wrongful Termination
Have you ever wondered what would happen if you became very ill suddenly and couldn't go to work? What if your child or spouse became ill or he or she was severely injured in an accident; would you have to take off work for the duration of their recovery? Suppose your doctor told you that you were in need of surgery as soon as possible? Perhaps one of your parents was in a recent accident, would your boss give you time off to care for them? What if your husband or wife was injured while on active duty in the armed forces, could you get time off to help him or her? What if you were temporarily disabled but you could come back to work, does your boss need to accommodate you?
When an employee needs to take time off from work for certain reasons, it leaves the employee vulnerable to possible violations of their employee rights by their employer. There are laws in California that regulate employee leaves and the way in which employers must respond to an employee requesting and/or taking a leave. Not all employers follow these laws nor do they implement them into their policies. This is where issues arise for the employee which may lead to the need for an Employment Lawyer. An Employment Lawyer is a type of attorney who has experience in employment law on the employee side. This means the Employment Lawyer represents employees against their employers in particular leave of absence cases.
  1. Termination? Wrongful? Wrongful termination?
An employee may run into issues at work once they request for a leave, take a leave, or return from a leave. When and if this occurs, certain employee rights may be violated and legal action may need to be taken.
The word "terminated" in employment law is just a fancy word for being canned, fired, or getting sacked. It is a word usually used to characterize the way in which an employee was taken out of their employment as opposed to quitting, being let go, or a position being eliminated altogether. Termination is usually the result of an employee not conducting themselves in a professional manner such as being late or not producing satisfactory work product.
Where does the "wrongful" come into play? Every state in America has its own laws regarding employment. In California, all employees are considered "at-will" employees. This means that all employees can be fired from their position for any reason or even for no reason at all except if it is for an illegal reason. Employers can decide at their own will to get rid of an employee when it suits them as long as they do not decide to do so because of the particular employee's race, age, gender, sexual orientation, disability, medical condition, or if an employee makes a complaint concerning illegal/unlawful activity being exercised at the workplace. If an employer decides to terminate an employee based on one of those mentioned reasons, that may be considered a wrongful reason.
If an employee is terminated but the employee believes it is because they requested a leave, took a leave, or returned from a leave, he or she may be a victim of wrongful termination.
If an employee is terminated but it is based on what the law considers a wrongful reason, this may be identified as "wrongful termination". It is wrongful because it is based on an illegal reason. If an employee believes that he or she was wrongfully terminated because they were fired for an illegal reason, then he or she should contact an Employment Lawyer in their area.
  1. Failure to comply with accommodation request
Sometimes an employee may be cleared to work after taking a medical leave but only under certain conditions and/or restrictions. If an employee returns to work after taking an approved leave, they may ask for certain accommodations from their employer in which their employer needs to comply with as long as the request(s) are/is reasonable. For example, an employee may request to work during certain hours or perhaps shorter shifts. If an employer fails to meet an employee's reasonable request(s), the employee may have a case against their employer for failing to comply with their disability needs.
  1. Time is relevant
How much time can an employee take off for a leave of absence? Depending on the circumstances, technically an employee is permitted to take up to 12 weeks for a recognized leave of absence. There are other factors involved in deciphering how much time an employee is entitled to, but it is a determination that usually an Employment Lawyer would be able to make.
  1. Communication is key
If an employee needs to take a leave, keeping open communication with their employer is key. An employee should keep their employer informed of when he or she will need to take a leave, how long he or she expects to be out of work, and should their circumstances change, they should inform their employer as soon as possible. Normally during this time, an employee is on unpaid leave unless their employment contract says otherwise. Where an employee would need more time in addition to the 12 weeks, he or she may contact their employer and inform them of this need in the form of an accommodation request. This request would likely need to include a doctor's recommendation of the additional time off. Keep in mind however that after the original 12 weeks is up, there are certain laws that do not obligate the employer to restore the employee's same position back to him or her upon their return.

In conclusion, disability leave and wrongful termination are complex areas of the law, which is why it would be useful to contact an Employment Lawyer. An Employment Lawyer who offers a free consultation with no up-front costs is the best kind of legal professional to contact. Each employment case is unique in its circumstances and facts, therefore an Employment Lawyer would be useful in the sense that they could tell a particular employee whether or not they have a case worth pursuing.

برچسب ها : 4 Things to Know About Leaves of Absence and Wrongful Termination ,
+ نوشته شده در چهارشنبه 23 خرداد 1397ساعت 0:07 توسط Afshin Tehrani | | تعداد بازدید : 0

3 Things To Know About Taking a Leave From Work

3 Things To Know About Taking a Leave From Work

3 Things To Know About Taking a Leave From Work

It is early in the morning, the sun has yet to rise, and the alarm on your phone goes off. Work is hours away but this is the alarm you set is for yourself, it is the alarm you customized on your phone with the arm flexing emoji entitled “get fit”, this is your morning run alarm. You get dressed, grab your watch, headphones and are ready to take on a lengthy run. A few minutes into your run though, you step out onto the street and you are hit by a speeding car. Days later you wake up in the hospital and are told you are going to live and will recover but you will be on bed rest for at least a few months.

  • What do you tell your boss?
  • Does your boss have to hold your job open for you?
  • Will it matter that this happened outside of work?
  • How much time off can you take off from work if you are injured?
  • Does your injury even qualify for leave?
  • Do you have rights as an employee if you have a serious injury and need time off?

Although the scenario above is unfortunate, it very common for the unexpected to happen in an employee’s career. But what happens to an employee who has been seriously injured outside of work and needs time off to recover? Employees in California have rights when it comes to taking leave but only in particular circumstances. It is important for employers as well as employees to be well-informed of the rights and regulations that govern recognized leaves in employment law. These laws that regulate leaves can be complex which is why the assistance of an Employment Attorney is necessary. An Employment Attorney may be able to answer all the normal and perhaps unique questions an employee may have regarding their potential case. Sometimes an employee has a case, other times they may need to fill out and apply for certain things, or an employee may need to put a request in writing regarding their leaver to their employer. Each employee’s case is different and needs the careful consideration of an Employment Attorney. Below are a few things an employee should know about taking a leave.

1. Who can take a leave?

An employee who is suffering from a severe illness or health condition may be eligible for a recognized leave. The employee may also take a leave if they need to care for their husband, wife, child, or parent who is suffering from a severe illness or health condition.

Illnesses and serious injuries are not the only types of reasons an employee may have to receive time off. The law also recognizes other types of situations that an employee may need to take time off from work. One reason may be to adopt a child or to be present for the placement of an adopted or foster child. Another reason for leave that is protected is if an employee’s husband or wife is on active duty in the armed forces and an emergency arises out of the spouse’s active duty status. Lastly, the employee may take time off for the birth of a child and for the care of the recently born child.

2. Exactly how much time do you get?

How much time an employee is entitled to for leave can be extremely complicated and more likely than not will need the close consideration of an Employment Attorney to decide what the employee was or was not entitled to for their leave of absence. Technically, depending on a number of factors, an employee is entitled to a max of 12 weeks of protected leave. This leave is usually unpaid leave unless the employee’s employment contract says otherwise. If the employee needs more time for their leave, they will need a letter from their doctor verifying this in addition to requesting the additional leave as a form of accommodation.

Again, every employee’s situation is different and would ultimately need to discuss their circumstances with an Employment Attorney.

3. What your boss shouldn’t be doing

Of course, taking a leave of absence is not ideal for any employee or their employer, but sometimes it is necessary and the law recognizes that to an extent. But a common fear that employees have when they need to take a leave is that their boss will be mad and punish them for taking the leave, even if it is not their fault.

Can an employer punish an employee for taking a leave?

Depending on the particular set of facts, an employer who is irritated with an employee for taking leave cannot punish that employee for requesting the leave or for taking the leave for a recognized reason. An employer may violate employment laws by reducing an employee’s pay, transferring the employee to another department, removing the employee from the schedule when they are able to work, demoting the employee, calling the employee names, singling the employee out, making derogatory comments regarding their disability, reprimanding the employee for bogus reasons and perhaps even firing the employee from their job. This kind of behavior that is being exercised by an employer towards an employee who requested a leave or took a recognized leave may be characterized as retaliation which is prohibited by law. If an employee can show that they were treated adversely for taking a leave, they may have a retaliation claim against their employer. If an employee was not only treated adversely for taking or requesting a leave but was also terminated, the employee may also have a wrongful termination claim in addition to a retaliation claim. When applied, these laws can be complex therefore an employee or former employee should contact an Employment Attorney to discuss whether they should file a claim against their employer or former employer. Retaliation, wrongful termination, and discrimination are types of legal situations that can be difficult to handle but an experienced Employment Attorney may be able to help an employee who feels as though their rights have been violated.


برچسب ها : 3 Things To Know About Taking a Leave From Work ,
+ نوشته شده در سه شنبه 22 خرداد 1397ساعت 2:57 توسط Afshin Tehrani | | تعداد بازدید : 0

5 Ways Employers Can Discriminate Against Workers

5 Ways Employers Can Discriminate Against Workers

5 Ways Employers Can Discriminate Against Workers

Employers can, unfortunately, find different ways to discriminate against their employees. Particular classes of people and different characteristics an employee may bear are considered under employment laws as shielded from unfair treatment in the workplace. This, however, does not mean that the law guarantees an employee falling under its protection may be totally shielded from mistreatment at the workplace. A Discrimination Lawyer can provide guidance and support in a discrimination case for employees and may raise the following points listed below of ways employers can discriminate against employees or applicants.

1. Discrimination is specifically based on the protected class or characteristic

5 Ways Employers Can Discriminate Against Workers

The law provides protection for particular classes and characteristics of people when they are mistreated based on the sole reason that the employee is a member of a recognized class or bears an acknowledged characteristic. For example, an employee who is female and identifies herself as being a woman may be told by her boss that she will not be chosen for a promotion because women are too emotional and cannot handle the role. In that scenario, because sex is considered as a protected class, the female employee may have a claim against her boss for participating in unlawful employment practices. By telling the female employee that she would not be promoted because she was a woman and further explained that women are too emotional, demonstrates the boss was discriminating against the female employee based on her sex and denied a promotion based on stereotypes. So although the law did not prevent the discrimination from taking place, the law may provide the employee with the right to sue and perhaps recover in a discrimination suit against her employer. In addition, note that the employee was not provided protection because she was a woman but because she was mistreated based on being a woman.
Although discriminating against an employee may be because he or she is a member of a protected class or carries a protected characteristic is listed as one of the ways an employer can discriminate against an employee, it applies to all forms of unlawful discrimination. In other words, although there are other ways of exercising discrimination, the motivation behind discrimination, in general, must always be based on the employee’s membership of a recognized class or bearing a recognized feature. A Discrimination Lawyer who takes on a discrimination claim will look for evidence to show that the employee was mistreated in several ways for the sole reason of the employee’s class or recognized feature.

2. Depriving employment benefits and opportunities

5 Ways Employers Can Discriminate Against Workers

Another way an employer may demonstrate their disfavor for a particular employee is bypassing the employee over for a promotion. It may be more evident that an employer is passing a certain employee over for promotion if he or she was qualified or overqualified for the position. Another telltale sign that the decision was based on unlawful reasons is if the employee who was awarded the promotion instead of the employee in question was under-qualified for the position or was less qualified than the employee in question.
Depriving an employee of employee benefits as a form of discrimination may also be demonstrated through the reduction of pay or work hours. Another form may be exercised through giving other employee’s vacation time while withholding the same time off for the particular employee.

3. Denying employment

5 Ways Employers Can Discriminate Against Workers

Employees are not the only individuals who may become victims of discrimination. Applicants may also experience discrimination in the workplace. Employers may treat an applicant adversely by asking an employee about his or her race, refuse to hire an applicant based on their sex, religion, sexual orientation, or even if the applicant is pregnant. Applicants have rights as well as employees and may also be entitled to recover in legal proceedings.

4. Jokes and teasing

5 Ways Employers Can Discriminate Against Workers

An employer may prove that he or she is being discriminatory by making offensive jokes, derogatory remarks, or teasing the employee or applicant. The taunting may be characterized as discriminatory if the jokes are directed at the employee’s protected class or characteristic. Another way the teasing may be made out to be discriminatory is if the employer only treats one particular employee in that way and no other employees with the same distinctive feature or class are employed at the workplace.

5. Termination

5 Ways Employers Can Discriminate Against Workers

An employer may discriminate against an employee by terminating the employee from their position. This means an employer may decide to fire an employee based on the employee belong to a protected class or bearing a protected characteristic. An employer may not always blatantly say that is the reason for termination but other evidence may point to it being based on discriminatory purposes. In situations like this, if an employee feels as though they were fired based on discrimination reasons, the employee should consult with a Discrimination Lawyer. The Discrimination Lawyer may be able to gather evidence to show that the reason for termination was based on unlawful reasons which may give rise to a wrongful termination claim.
Over time, several statutes have been enacted at the state and federal level to create equal employment opportunities in the workplace for all employees. Employees who belong to a protected class or carry a recognized distinguished feature should not tolerate mistreatment in the workplace, yet many are intimidated do because the legal process can be daunting. Luckily, an employee can discuss a potential claim in a safe and approachable environment with a Discrimination Lawyer because many firms offer free consultations which help the process to feel less overwhelming. Maintaining a job and building a career is hard enough as it is, enduring discrimination and unfair treatment at work just because of who you are should not be added to everyday stresses for employees. Reach out to a Discrimination Lawyer today to set up a free consultation about your potential discrimination claim. There are many ways an employer can discriminate against an employee but it doesn’t mean the employee doesn’t have rights to make a claim against their employer.


برچسب ها : 5 Ways Employers Can Discriminate Against Workers ,
+ نوشته شده در سه شنبه 22 خرداد 1397ساعت 2:53 توسط Afshin Tehrani | | تعداد بازدید : 0

How to prevent sexual harassment in the workplace

How to prevent sexual harassment in the workplace

How to prevent sexual harassment in the workplace

Do you know how to prevent sexual harassment in the workplace? Although sexual harassment within the workplace is against the law in California, it remains a hot-button issue in the media as well as the courtroom. Employers and organizations are required by the Fair Employment and Housing Act to maintain a safe work environment that is free from sexual harassment, yet this duty merely requires that the employer or organization take “reasonable steps” in attempting to achieve this harassment-free environment. In recent news stories, more employees, applicants, and interns have come forward to reveal unlawful treatment that he or she has endured within the workplace. It remains unresolved what exactly is the most effective way to promote change within the workplace to prevent sexual harassment. Until this issue is resolved, however, it is argued that employees should be informed of their right and to know what constitutes a hostile work environment. If an employee feels that they have a situation at their place of work that raises issues such as these, it is important to contact a Sexual Harassment Attorney to discuss the facts of their potential case.

A Sexual Harassment Attorney can help in situations where there is a hostile work environment based on sexual harassment. In EEOC v. Prospect Airport Servs., 621 F. 3d 991, 2010 U.S. App. a suit was brought by the Equal Employment Opportunity Commission under Title VII of the 1964 Civil Rights Act regarding the wrongful termination of an employee, the Commission claimed that this particular employee was unlawfully subjected to a hostile work environment. The former employee that the case concerned, alleged that he had been subjected to continuous sexual advances made by another female co-worker. These sexual advances and inappropriate behavior consisted of the female co-worker sending written love notes to the employee, sharing suggestive photos of herself, sending romantic messages to the employee via other employees, making offensive sexual gestures that imitated oral-sex, and cat-called him as he passed by certain areas of the workplace. This continued for an extensive amount of time in which the employee made several complaints to his managers and supervisors. Some complaints went ignored while other responses to the complaints were disproportionate to the gravity of the situation in that it was not effective in remedying the issue.

How to prevent sexual harassment in the workplace

The Court, in this case, found that the employee did have a hostile work environment claim for three reasons. The first reason was because the employee was able to present sufficient evidence to show that it was a question of fact as to whether or not he encouraged the sexual acts by his co-worker even after he had verbally rejected her on several occasions. The employee presented evidence to dispute that he was not encouraging his female coworker by showing he sought continuing medical attention for the anxiety and stress that she caused through her sexual advances. Secondly, the co-worker’s propositioning occurred frequently enough that it was reasonable for the employee to perceive her behavior as “hostile and abusive”. Thirdly, the extent of the female co-worker’s pervasiveness in addition to the employer’s insufficient response to the situation was enough for the issue to go to a jury to decide whether the co-worker’s conduct was the leading cause of the hostile atmosphere.

The case above shows that if an employee brings a suit against their employer or organization concerning the acts of fellow employees, it strengthens the case if the co-worker’s behavior takes place more than once. The continuous behavior is more important when a plaintiff is attempting to make their case against a co-worker, however, it is not the same high standard when making a case against a supervisor. If an employee experiences a sexual assault committed by a supervisor on himself or herself, it may be enough to satisfy a claim against the employer for a hostile work environment. This was demonstrated in Dee v. Vintage Petroleum, Inc, (2003) 106 CA4th 30, 35, 129 CR2d 923, 927. Although this case involved a racial slur, the Court, in that case, found that even though there was one single incident, it was sufficient for the plaintiff to establish a hostile work environment.

How to prevent sexual harassment in the workplace

How severe does the conduct have to be for the work environment to be considered hostile? In deciding whether a work environment is considered hostile due to sexual harassment, the nature of the unacceptable behavior must be taken into account. For instance, a set of facts that consist of subtle comments, or a single comment may not carry as much weight as a sexual assault allegation or horseplay that is sexual in nature. The case of Hocevar v. Purdue Frederick Co. (8th Cir. 2000) 223 F3d 721, 738, provides an example of what would not be considered conduct that was severe enough to amount to a “hostile” work environment. In that case, a few remarks that the employee found offensive accompanied by an unwelcome slow dance at a company event, were not considered by the Court to amount to being severe enough to amount to a hostile work environment. An invitation to dinner by a supervisor may not constitute hostile work environment either if it only occurred one or two times (Murray v. Chicago Transit Auth. (7th Cir. 2001) 252F3d 880, 889)Even a single email written by a fellow co-worker that contains insulting remark(s) about another employee may not rise to the level of a hostile work environment even if the remark is made regarding part of the of the employee’s body or lack of intelligence.

(Brennan Townsend & O’Leary Enterprises Inc. (2011) 199 CA 4th 1336, 1353, 132 CR3d 292, 305) In measuring the severity of certain inappropriate conduct within the workplace, in order to decide if it is hostile, if the conduct occurs frequently, its severity does not have to be as high to find that there is indeed a hostile work environment (Ellison v. Brady (9th Cir. 1991) 924 F2d 872, 878)

In conclusion, the more knowledge an employee has about their rights, the more likely they will be able to protect himself or herself within the workplace even if their employer is not taking adequate reasonable steps to prevent sexual harassment within the workplace. With this knowledge, an employee may also have enough evidence gathered to call a Sexual Harassment Attorney in their area to discuss what remedies may be available.


برچسب ها : How to prevent sexual harassment in the workplace ,
+ نوشته شده در سه شنبه 22 خرداد 1397ساعت 2:52 توسط Afshin Tehrani | | تعداد بازدید : 0

3 Excuses an Employer Might Make When They are Accused of Battery and/or Sexual Harassment

3 Excuses an Employer Might Make When They are Accused of Battery and/or Sexual Harassment
The word "battery" is a word you would normally hear while watching your favorite crime drama, but it actually can occur in your very own workplace. Under civil law, particularly in employment law, employees are entitled to bring a claim against their employer if they have been a victim of battery in the workplace. The tort claim requires the employee suing their employer to prove that they were touched or the employer caused the employee to be touched and that the touching was intended to cause the employee harm or cause he or she to find the touching offensive.
An Employment Lawyer is the type of attorney who specializes in this type of situation, especially when a single claim may overlap with another claim. Battery claims do not always come alone though, they are often accompanied by sexual harassment. There are three features of battery, all of which have the potential to have a sexual harassment element to each of them. Sexual harassment in the workplace is prohibited by law and employees have the right to sue if they become a victim of unwelcome touching or inappropriate comments.
Below are some of the excuses employers have in response to the battery and sexual harassment claims.
  1. "I didn't mean to hurt or offend you"
If an employee follows through on pursuing a claim against their employer for battery, they need to prove the employer had intent. On the surface, the intent would seem to mean that the employer made it his or her goal to hurt the employee, however, this is not the case. When making out the elements of battery, the intent is proven by showing the employer intended to do the act that caused the harm. For example, person A smacked person B's buttocks in what person A claimed was just a "love tap" while person B suffered extreme pain in their tailbone, extreme humiliation, and or suffered extreme anxiety from this so-called "love tap". In this example, although person A did not intend to hurt person B, person A did intend to commit the act, smacking B's buttocks, which caused person B harm. Therefore, in that example, person B would be able to prove intent in their battery claim against person A.
  1. "I was just joking, you're not even hurt!"
Satisfying the second element of battery can be tricky in that it is based on contact that is harmful or offensive. Of course, physical harm is more concrete and may be easier for an employee to show if they had a bruise or mark, but how do you prove "offensive"? The law in California says that touching is offensive where a reasonable person would find that it offended or wounded their personal dignity. For example, Sally was an administrative assistant at a marketing agency. Her job required her to spend a lot of time filing paperwork and restoring it in the filing room. One day while she was trying to place a file box on a high shelf, her boss Greg saw she couldn't reach and said "here let me help you" and picked Sally up by placing his hands on her buttocks and waist. Here, although this touching did not harm Sally, she found the touching to be offensive and a reasonable person in Sally's position would likely find the touching of one's buttocks and waist by their boss to be offensive.
Note that harmful or offensive conduct in a battery claim is negated where the touching was unavoidable, it was for a legitimate reason, or it was a touching that is acceptable in the course of everyday life. This means that if the harmful or offensive touching took place during an event that falls under one of those categories, then a claim for the battery may be voidable. For example, let's look at Sally and Greg's situation again. This time, Sally was standing on a ladder to reach the shelf and lost her balance but Greg caught her before she hit the ground. Here, even though Greg may have touched her in a way that might be harmful or offensive, the touching may be considered as unavoidable because she fell on to Greg.
The way in which harmful or offensive is identified can be complex depending on the circumstances. It is best to have an Employment Lawyer analyze the facts of the case to ensure you get a professional and thorough opinion.
  1. "You didn't say no"
Consent is one of the elements that need to be made out in a battery claim. Did the employee tell the employer that he or she wanted to be touched? Did the employee welcome the touching? Often when a battery claim is brought against an employer, they will claim that they thought consent was not necessary. Consent is an important factor in making a claim against an employer in the battery. Where there is no consent for the touching, the employee's case is strengthened.
As seen in the examples above, battery and sexual harassment often go hand-in-hand. All three elements of battery need to be met in order to have a battery claim and in addition to the battery claim, an employee may have a sexual harassment claim. If an employee has been sexually harassed by unwanted touching, he or she may have a claim against their employer for sexual harassment in addition to the battery claim. Again, sexual harassment can be characterized as unwanted touching which is where the battery usually ties into the sexual harassment claim.
Taking all of the information and examples into account, an employee may be able to identify similarities in their own situation at work. Of course, every case is different and it is only with the guidance of legal a professional such as an Employment Lawyer that an employee will know if they have a claim worth pursuing. The Employment Lawyer will want details of the circumstances to ensure that all elements of the battery have been met and the lawyer may also ask questions about the sexual harassment the employee has experienced.

برچسب ها : 3 Excuses an Employer Might Make When They are Accused of Battery and/or Sexual Harassment ,
+ نوشته شده در جمعه 18 خرداد 1397ساعت 6:04 توسط Afshin Tehrani | | تعداد بازدید : 0

7 Things You Didn’t Know About Medical Leave of Absence From Work

7 Things You Didn’t Know About Medical Leave of Absence From Work
Currently, a majority of employees in California struggle with work-life balance. An individual may be striving for that promotion at work, finding time to go to their kid's soccer game, praying they will finally pay off their student loans, and still finding a moment to hit the gym so they can stay in good health. The average Californian tries to do it all. But what happens when a serious illness gets thrown into the mix for the employee himself or an immediate family member? Or, what if an employee is injured and needs surgery which will require time off from work to recover? More importantly, what if you take a leave of absence and as a result, you are fired? A leave of absence resulting in a termination might mean you were fired for an illegal reason. An Employment Lawyer is the type of lawyer who handles these types of situations. If you are thinking you may need an Employment Lawyer, here are some points to consider that you may not have known.
  1. The number of people you work with may be important
7 Things You Didn’t Know About Medical Leave of Absence From Work
It seems odd, but the number of people employed by the organization or company you work for may be a significant factor in whether you have a leave of absence claim. There is a 50/75 rule which means there need to be 50 employees at your job-site, or 50 employees within a 75-mile radius of your job site. For example, you may work for a company that only has 20 employees in your building, that means you don't meet the 50 employee standard. However, if the company has another branch 25 miles away from your job-site and has 30 employees on-site, that may suffice to meet the requirement. Here, the 50/75 rule is likely met because the branch is within the 75- mile radius requirement and adding the branch's employees equals 50 employees total.
It is important to note that the 50/75 rule does not apply to an employee who takes pregnancy disability leave.
  1. Being sick or injured isn't the only type of recognized leave
7 Things You Didn’t Know About Medical Leave of Absence From Work
Aside from taking time off for their own illness or injury, an employee may take leave to care for a member of the family who is seriously ill. Also, an employee may take a leave of absence because they are pregnant or for the initial receiving of an adopted or foster child.
  1. Your leave may last up to 12 weeks
7 Things You Didn’t Know About Medical Leave of Absence From Work
As an employee, you may have the right to take up to 12 workweeks for your leave of absence. The 12 workweek leave is permitted in a 12 -month time frame. Keep in mind though, your employer has some discretionary power on how the 12-month period is measured. For example, an employer can decide to measure it as a calendar year instead of measuring the 12- months starting on the day the employee took their leave.
  1. You get the best protection the law provides
7 Things You Didn’t Know About Medical Leave of Absence From Work
There are multiple statutes that overlap and provide protection for an employee's right to a leave of absence. Although multiple statutes covering leave complicates the process, the good news is that an employee who has taken or needs to take leave is entitled to utilize the statute that provides the best protection and most rights for their particular circumstances.
  1. Your employer can give you more time off than the law requires and you can hold them to it
7 Things You Didn’t Know About Medical Leave of Absence From Work
Your employer has to meet certain standards the law sets out for providing leave to employees. But, if your boss is generous, he or she is entitled to exceed those standards and you may be able to enforce what they promised. For example, Brad is an employee at a marketing agency and takes a medical leave to have corrective surgery on his shoulder. Even though he was entitled to 12 weeks of medical leave by law, his employee handbook states that he has 14 weeks. After he took 14 weeks leave for his surgery his boss replaced him and told Brad they no longer had a position for him at the agency. Here, even though by law was only entitled to a 12-week leave, because he was promised 14 weeks in the employee handbook, he may have a claim against his boss for violating the company's own standard.
  1. In most situations, you can't be replaced or demoted
7 Things You Didn’t Know About Medical Leave of Absence From Work
If you take a medical leave of absence that is covered by the law, you are entitled to have your original position restored back to you or another position that is equal. For example, Tammy was a full-time employee at a multinational package and delivery company working in the financial accounting sector. She took a leave of absence to care for her child because he was suffering from a serious illness. Upon Tammy's return, the head supervisor of the department told Tammy he had to replace her and now she must work in customer service as a customer service representative. Tammy was devastated by this news because this meant a huge pay-cut for her in comparison to her position in finance. In addition, she was over qualified for the new position. Here, not only was Tammy replaced, she was moved to a position that was considered a demotion from her original position and it was not equal in pay or department. Tammy might have a claim against her employer for violating her right to take a leave of absence to care for her son.
There is an exception if the employee taking leave or did take leave was in a significant position such as a CEO or was high-up in management. In a situation such as this, an employer may not be required to hold the employee's original position.
7. You can't be fired or demoted because you took a leave of absence
7 Things You Didn’t Know About Medical Leave of Absence From Work
After requesting or insisting for leave of absence or taking a leave of absence, your boss can not demote you or fire because you took the leave. By mistreating you, singling you out, demoting you, or transferring you after you put a request in for taking a leave of absence may indicate retaliatory behavior. This basically means your boss is not allowed to punish you or make your job more difficult specifically because you took a leave of absence. This may be considered retaliation which is prohibited by law in California.
In taking all of these points into account, if you have an employment situation that involves issues with you taking a leave of absence, you should reach out to an Employment Lawyer.

برچسب ها : 7 Things You Didn’t Know About Medical Leave of Absence From Work ,
+ نوشته شده در جمعه 18 خرداد 1397ساعت 5:51 توسط Afshin Tehrani | | تعداد بازدید : 0