Employment Attorney

From suing a dry cleaning service for losing a pair of pants to filing for the return of a kidney, people today will sue for the craziest things.  In order to sue for all of these wacky claims, there needs to be a lawyer to take it to court. There are so many lawyers out there today who specialize in particular types of law in order to represent a multitude of lawsuits.  However, while people are busy suing over strange things, most seem to forget that there is an entire body of law that helps those who have been fired or mistreated at work.  Employment lawyers are the type of lawyers who uphold and protect the rights employees have at work or even individuals applying for jobs. Below are 3 types of situations employment lawyers may handle.

Discrimination

In the great state of California, employees and individuals applying for jobs have the right to not be discriminated against.  To be more specific, employees and job applicants who can say they belong to a protected class cannot be mistreated or denied employment benefits or opportunities for belonging to that class.  Some examples of protected classes included race, age, gender, ***ual orientation, disability, pregnancy, and religion.  For example, Fred, an employee at an ice cream manufacturing company, recently was injured in a biking accident.  Fred’s initial job at the company was to operate the machine that sealed the lids on the ice cream tubs.  Although he was injured from his accident, he was still able to operate the machine as long as he was permitted to take a sitting break every 3-4 hours, per his doctor’s recommendation.  When Fred provided the documents from his doctor explaining the adjustment he would need to continue working, his boss Ned refused to allow Fred to return to the company. Whenever Fred called Human Resources or emailed Ned regarding his return, he was told the work roster was “full”.  After being denied work for two months, Fred was finally let go by the company.  Normally, in California, the company does not need a reason to fire Fred because California is an at-will state.  Here, because Fred has a temporary disability from his accident, he is considered to belong to a protected class.  Ned, as well as the Human Resources Department refusing to allow Fred to work because of his disability, may be considered as disability discrimination.  This is a type of case that Fred could seek the guidance of an Employment Lawyer. 

***ual Harassment

***ual harassment cases can be tricky because the majority of cases are based on behavior that was directed at an employee who did not want the behavior directed towards them.  The experience and expertise of an employment lawyer are needed to examine the facts of a case to identify what behavior may constitute as ***ual harassment.  Basically, certain behavior can become categorized as ***ual harassment when it is “unwanted” or “unwelcome”.  For example, Kelly, an employee at the headquarters of a media-services provider, had been working at the company for three years.  A few weeks ago, a new manager Greg was hired to manage Kelly’s team.  Kelly began having issues with Greg once he started hugging her every chance he could.  He would hug her whenever he saw her; upon her arrival, in the break room, at meetings, and even once in the elevator.  Once, Kelly tried to avoid one of Greg’s hugs and later that day Greg did not choose Kelly for a project that was promised to her the previous month.  Denying Kelly this opportunity meant missing out on a pay increase and a chance to enhance her job experience.  This demonstrated to Kelly that unless she allowed Greg’s physical affection, she was going to be punished.  Here, although the facts do not mention whether these hugs were ***ual or if Greg was even romantically interested in Kelly, nonetheless the behavior was unwelcome and made Kelly feel uncomfortable.  The fact that following a rejection of one of his hugs, Greg took Kelly off of a project, we can infer that Greg may have retaliated against Kelly, sending the mesغير مجاز مي باشدe that if she refused his physical affection she would be denied employment benefits.  Kelly would likely need to report the issue to another manager or Human Resources or she could also call an employment lawyer to discuss what her next step should be.

From inappropriate touching to crude jokes, certain actions can be considered as ***ual harassment and may be deemed unlawful in a workplace.  More specifically, not only is it unlawful, but an employer is responsible for enforcing a zero tolerance policy for particular types of situations that involve ***ual harassment. Within reason, an employer is expected to take certain measures to ensure that the workplace is free from being susceptible to ***ual harassment. For instance, an employer should arrange ***ual harassment prevention seminars for their employees in order to educate staff on what behaviors are appropriate and which may be unwelcome and/or offensive. 

Wrongful Termination

Wrongful termination means that an employee was fired for an unlawful reason. Wrongful termination can cover a multitude of situations in the workplace.  One example of wrongful termination may be found where an employee reports illegal activity occurring at their workplace.  If the employee reports the issue and is then fired, it may be inferred that the employee was fired for an unlawful reason.  Another example of wrongful termination may be if an employee requests to take a medical leave due to pregnancy or a medical condition.  Also, if an employee is fired for having a disability, for requesting accommodation for their disability, and/or for taking time off for their disability, that may constitute as wrongful termination.  Lastly, another example of wrongful termination may be if an employee makes a complaint about being ***ually harassed or discriminated against. 

Some lawyers may handle some wacky cases, but employment lawyers are there to protect the rights of employees across California.

Before protective laws were enacted through Congress, workers couldn’t feel confident in reporting malfeasance throughout the workplace due to backlash and ostracization by superiors. Those employees who were brave enough to speak up concerning their poor conditions to a local or federal entity often faced discrimination, exclusion, suspension or even termination without legal ramifications for employers. This led employees to feel they had no stake in how their occupation or environment governed their work experience, lowering the overall safety and efficacy of the business and community. Today, the law provides protection for employees who blow the whistle on unsafe work environments and there are a few good reasons why the law enforces these protections.

1.  A whistleblower plays an important role in maintaining a safe work environment 

Merriam-Webster defines whistle-blower as one who reveals something covert or who informs against another. A lawyering entity would define it as an employee who brings wrongdoing by an employer or other employees to the attention of a government or law enforcement agency and who is commonly vested by statute with rights and remedies for retaliation. A whistleblower details the illicit activities of an agency or proprietor to a more balanced authoritative power. Like modern-day superheroes, whistleblowers even the scale, lighting a path of secrets and evil unheard while keeping their coworkers and patrons secure. Without laws in place to protect these agents of change, we would all remain vulnerable to unsolicited assaults of workplace deviance.

2.  History proves we need whistleblowers in the workplace 

On December 29th, 1970 President Richard Nixon established the Occupational Safety and Health Administration (OSHA) agency through the U.S. Department of Labor. The goal of this agency was to establish regulations and guidelines to maintain employee and community safety at work and in any public space. Since its’ establishment work-related injury and death has declined 65% nationally and the financial effect of workplace illnesses and injuries to American employers has tremendously decreased. This, in turn, produces a reduced loss of wages and غير مجاز مي باشدt of caring for the injured effectively alleviating monetary and psychological strain on working families and community. The laws put in place by OSHA help employees to hold their employers accountable legally from any divergence or lapse in workplace safety. It also provides them and their proprietor with a resource to their established rights, training, outreach, education, and health information such as preventable diseases, illness or injury.

3.  Employees have the best insight when it comes to an unsafe work environment

Laws are enacted in order to be followed, but what happens when employers don’t follow these laws?  Employees are individuals who have firsthand experience in their own work environment, therefore they may be the most knowledgeable as to when an unsafe work environment needs to be reported.  With that in mind, the laws reflect the importance of a whistleblowers intel.

OSHA encompasses twenty-two federal laws protecting workers from discrimination, retaliation, and threat by employers or other employees under the Whistleblower Protection Program. The Whistleblower Protection Program protects workers over constantly transitioning fields like the transportation industry and consumer and investor protection laws. It also mandates specific occupational, environmental, and nuclear safety protection laws. One of these laws is the Clean Air Act (CAA) which prohibits employer’s retaliation against employees who report violations regarding air emissions from area, stationary, and mobile sources. This law allows 30 days for the employee to file a complaint, orally or in writing, in any language directly to OSHA. By doing this OSHA maximizes the employee’s, and ultimately the community’s, safety by protecting the worker’s position from retaliation when in unsafe conditions. With the fatal penance of air pollution currently looming over China, New Delhi and even the United States, the CAA is more vital than ever.

After the hurricanes that swept the nation affecting Houston and Puerto Rico this fall, air quality has become an increasingly important issue. In a November 13th public health announcement by National Public Radio, documentation of Galena Park, Texas, a small city just east of Houston, showed a large discrepancy in air quality measures. It dictated a community almost completely surrounded by oil refineries and pipeline terminals regularly experiencing heavy gas saturation in their air. According to a 2017 analysis by the Environmental Defense Fund, Hurricane Harvey damaged facilities in Texas resulting in an additional 5.98 million pounds of pollutants released into the air. Contrary to this data the Environmental Protection Agency (EPA) released a statement eight days after Harvey saying the air was safe and the area secure. Residents in areas like Galena Park then confronted serious gas inhalation which in large quantities can cause organ failure and considerably shorter life expectancy. The community continued to work, play, and resumed normal activity in the weeks and months after the storm. With the Clean Air Act, an employee in this area working in a factory or oil refinery can file any retaliation they encountered after reporting the detrimental conditions they face without fear of losing their position. In times of disaster, it’s important to have these laws in place so employees know in the midst of unforeseeable destruction, they’re still able to exercise their right to a safe workplace.

4.  Whistleblowers can improve other employee’s health

Within the occupational, environmental, and nuclear safety laws the Safe Drinking Water Act prohibits reprisal against any employee who reports alleged violations pertaining to any waters actually or potentially delegated for consumption. Meaning employees have the right to safe drinking water in their workplace and if those conditions are not met and they face retaliation upon demand, they may file a claim within 30 days of the incident. Many nations lack accesses to clean water at work and home through their dismantled infrastructure and never receive a form of governmental aid for that necessity. This creates more worker injury, illness and lack of productivity essentially disabling the employee, employer, and populace. Although most of the United States has access to safe drinking water, communities and families in Flint, Michigan still struggle with this basic need. The Flint, Michigan water crisis has expounded for approximately three years and caused health, financial and social fallouts to the entire region. Due to improperly treated water passing through corrosive pipelines, lead, fecal coliform bacteria, and other contaminants seeped into the Flint water supply. During this time tap water is not safe for drinking or consumption and residents still rely heavily on all forms of bottled and prepackaged water. Employees who do not have access to this more expensive but necessary alternative in their workplace can request it from their employers while being defended from retaliation through the Safe Drinking Water Act.

For more info please call an employment attorney.

1- An anti-harassment policy

Having a written ***ual harassment prevention policy in place is not only a good measure for stopping ***ual harassment before it happens, but California employers are also required to have an anti-harassment policy and it must be in writing. See California Code of Regulations Section 11023  In California, employers who employ at least five employees must have a ***ual harassment policy regarding prevention of harassment, discrimination, and retaliation. The ***ual harassment policy must be in writing and a copy must be given to all employees. If you are experiencing ***ual harassment at work and your employer does not have a written ***ual harassment policy, contact a ***ual harassment attorney to provide guidance on how to address your concerns to your employer. 

 California ***ual harassment policies have to identify the classes of individuals and /or characteristics who are protected under the California Fair Employment and Housing Act.  The protected classes include race, religion, color, national origin, ancestry, physical disability, genetic information, marital status, ***, gender, gender identity, gender expression, age, ***ual orientation and military and/or veteran status. Anti-***ual harassment policies are designed to prevent harassment based on gender and ***.  More specifically, the ***ual harassment polices protect against unwanted ***ual advances or romantic pursuit, and other unwelcome conduct that is of a ***ual nature, including verbal comments, inappropriate touching, lewd gestures, and visuals, depiction of ***ual acts or ***ual content, including ***ual innuendo and/or words, lewd jokes and derogatory statements directed at an employee based on gender. 

The company’s anti-***ual harassment policies must advise the employees that it is against the law for a manager, supervisor, coworker or third party to harass, discriminate and/or retaliate against an employee.  

2- Follow The ***ual Harassment Complaint Process

 The ***ual harassment prevention policy must provide detailed instructions regarding the company’s complaint process so that the employee will know what steps to take to notify the company of the ***ual harassment, who the employee is permitted to contact to voice the complaint, what action the employer will take in response to the employee’s ***ual harassment complaint and what safeguards will be available to the employee to ensure protection from retaliation. 

Employees must be given the opportunity to raise their concerns regarding ***ual harassment to someone other than the immediate supervisor. This is especially important when the employee’s immediate supervisor is the one about whom the ***ual harassment complaint was made. The ***ual harassment policy should advise the employee he or she can complain to other management, Human Resources or another department that is set up to receive ***ual harassment complaints. The employee may submit a ***ual harassment complaint in person, verbally, by telephone, email, writing or other means of communication.  Some companies provide a hotline number the employee may call and leave a ***ual harassment complaint.  Although many ***ual harassment prevention policies require the employee to report ***ual harassment in writing, it is not required that the employee submit a written complaint in order to trigger the employer’s obligation to investigate and take appropriate action to prevent further ***ual harassment in the workplace.  In most instances verbally reporting the ***ual harassment to someone in management, human resources or to a designated department will be sufficient.  Of course, documenting a ***ual harassment complaint in writing will give the employee the benefit of ensuring the details of the complaint are clearly stated and preserved. If you are experiencing ***ual harassment in the workplace, you should contact a ***ual harassment attorney who may be able to provide you guidance regarding how to write the ***ual harassment complaint, what to include and to whom the ***ual harassment complaint should be directed.

3- Action and Response

Once an employee complaints of ***ual harassment or reports incidents of conduct that may be ***ual harassment in the workplace, the supervisor or manager receiving the complaint should immediately elevate the complaint to human resource or the appropriate department set up to receive and address ***ual harassment complaints.

Once an employee complaints of ***ual harassment or reports incidents of conduct that may be ***ual harassment in the workplace, the supervisor or manager receiving the complaint should immediately elevate the complaint to human resource or the appropriate department set up to receive and address ***ual harassment complaints.

4- Fair and Timely Investigation of ***ual Harassment Complaints     

A California employer’s ***ual harassment prevention policy must assure the employee that appropriates steps will be taken to promptly and fully investigate the ***ual harassment complaint in a confidential manner and without bias. A fair investigation would be to have an unbiased person, trained in ***ual harassment investigations,  interview all of the witnesses including the person who made the complaint.  The employee reporting ***ual harassment should expect to be interviewed by someone who is qualified to conduct ***ual harassment investigations. The investigation should include interviews of witnesses identified by the person reporting ***ual harassment and/or other witnesses. The ***ual harassment investigation process should ensure that all steps are taken to prevent retaliation against the person reporting ***ual harassment. The ***ual harassment prevention policy must expressly state that neither the person reporting ***ual harassment nor the individuals who participate in the ***ual harassment investigation will be subjected to retaliation by the employer or anyone else involved. The investigation would be unfair if it is turned on the person who complained of ***ual harassment by using the ***ual harassment investigation as a means of gathering information designed to attack the credibility and integrity of the ***ual harassment victim. It would be improper to take any other action to intimidate or discourage employees from reporting ***ual harassment or participating in a ***ual harassment investigation. This would be deemed retaliation and is unlawful. An individual who believes they have been retaliated against for reporting ***ual harassment or participating in a ***ual harassment investigation, should immediately contact a ***ual harassment attorney and document the incidents of retaliation.  

California employers must take appropriate corrective action if the investigation results in a finding of ***ual harassment. A victim of ***ual harassment cannot expect the employer to terminate the harasser. In fact, the employee reporting ***ual harassment may never know what action is taken by the employer so long as the employer takes affirmative steps to ensure the employee is protected from further incidents of ***ual harassment and retaliation. If you feel that your employer has not taken appropriate steps to prevent any further incidents of ***ual harassment or retaliation, you should immediately contact a ***ual harassment attorney.

1- An anti-harassment policy

Having a written ***ual harassment prevention policy in place is not only a good measure for stopping ***ual harassment before it happens, but California employers are also required to have an anti-harassment policy and it must be in writing. See California Code of Regulations Section 11023  In California, employers who employ at least five employees must have a ***ual harassment policy regarding prevention of harassment, discrimination, and retaliation. The ***ual harassment policy must be in writing and a copy must be given to all employees. If you are experiencing ***ual harassment at work and your employer does not have a written ***ual harassment policy, contact a ***ual harassment attorney to provide guidance on how to address your concerns to your employer. 

 California ***ual harassment policies have to identify the classes of individuals and /or characteristics who are protected under the California Fair Employment and Housing Act.  The protected classes include race, religion, color, national origin, ancestry, physical disability, genetic information, marital status, ***, gender, gender identity, gender expression, age, ***ual orientation and military and/or veteran status. Anti-***ual harassment policies are designed to prevent harassment based on gender and ***.  More specifically, the ***ual harassment polices protect against unwanted ***ual advances or romantic pursuit, and other unwelcome conduct that is of a ***ual nature, including verbal comments, inappropriate touching, lewd gestures, and visuals, depiction of ***ual acts or ***ual content, including ***ual innuendo and/or words, lewd jokes and derogatory statements directed at an employee based on gender. 

The company’s anti-***ual harassment policies must advise the employees that it is against the law for a manager, supervisor, coworker or third party to harass, discriminate and/or retaliate against an employee.  

2- Follow The ***ual Harassment Complaint Process

 The ***ual harassment prevention policy must provide detailed instructions regarding the company’s complaint process so that the employee will know what steps to take to notify the company of the ***ual harassment, who the employee is permitted to contact to voice the complaint, what action the employer will take in response to the employee’s ***ual harassment complaint and what safeguards will be available to the employee to ensure protection from retaliation. 

Employees must be given the opportunity to raise their concerns regarding ***ual harassment to someone other than the immediate supervisor. This is especially important when the employee’s immediate supervisor is the one about whom the ***ual harassment complaint was made. The ***ual harassment policy should advise the employee he or she can complain to other management, Human Resources or another department that is set up to receive ***ual harassment complaints. The employee may submit a ***ual harassment complaint in person, verbally, by telephone, email, writing or other means of communication.  Some companies provide a hotline number the employee may call and leave a ***ual harassment complaint.  Although many ***ual harassment prevention policies require the employee to report ***ual harassment in writing, it is not required that the employee submit a written complaint in order to trigger the employer’s obligation to investigate and take appropriate action to prevent further ***ual harassment in the workplace.  In most instances verbally reporting the ***ual harassment to someone in management, human resources or to a designated department will be sufficient.  Of course, documenting a ***ual harassment complaint in writing will give the employee the benefit of ensuring the details of the complaint are clearly stated and preserved. If you are experiencing ***ual harassment in the workplace, you should contact a ***ual harassment attorney who may be able to provide you guidance regarding how to write the ***ual harassment complaint, what to include and to whom the ***ual harassment complaint should be directed.

3- Action and Response

Once an employee complaints of ***ual harassment or reports incidents of conduct that may be ***ual harassment in the workplace, the supervisor or manager receiving the complaint should immediately elevate the complaint to human resource or the appropriate department set up to receive and address ***ual harassment complaints.

Once an employee complaints of ***ual harassment or reports incidents of conduct that may be ***ual harassment in the workplace, the supervisor or manager receiving the complaint should immediately elevate the complaint to human resource or the appropriate department set up to receive and address ***ual harassment complaints.

4- Fair and Timely Investigation of ***ual Harassment Complaints     

A California employer’s ***ual harassment prevention policy must assure the employee that appropriates steps will be taken to promptly and fully investigate the ***ual harassment complaint in a confidential manner and without bias. A fair investigation would be to have an unbiased person, trained in ***ual harassment investigations,  interview all of the witnesses including the person who made the complaint.  The employee reporting ***ual harassment should expect to be interviewed by someone who is qualified to conduct ***ual harassment investigations. The investigation should include interviews of witnesses identified by the person reporting ***ual harassment and/or other witnesses. The ***ual harassment investigation process should ensure that all steps are taken to prevent retaliation against the person reporting ***ual harassment. The ***ual harassment prevention policy must expressly state that neither the person reporting ***ual harassment nor the individuals who participate in the ***ual harassment investigation will be subjected to retaliation by the employer or anyone else involved. The investigation would be unfair if it is turned on the person who complained of ***ual harassment by using the ***ual harassment investigation as a means of gathering information designed to attack the credibility and integrity of the ***ual harassment victim. It would be improper to take any other action to intimidate or discourage employees from reporting ***ual harassment or participating in a ***ual harassment investigation. This would be deemed retaliation and is unlawful. An individual who believes they have been retaliated against for reporting ***ual harassment or participating in a ***ual harassment investigation, should immediately contact a ***ual harassment attorney and document the incidents of retaliation.  

California employers must take appropriate corrective action if the investigation results in a finding of ***ual harassment. A victim of ***ual harassment cannot expect the employer to terminate the harasser. In fact, the employee reporting ***ual harassment may never know what action is taken by the employer so long as the employer takes affirmative steps to ensure the employee is protected from further incidents of ***ual harassment and retaliation. If you feel that your employer has not taken appropriate steps to prevent any further incidents of ***ual harassment or retaliation, you should immediately contact a ***ual harassment attorney.

Injuries, illnesses, family emergencies, and accidents happen but what if it happens to an employee?  Employees in California do have rights when it comes to a leave of absence for particular reasons. The laws that govern leaves of absence in employment are quite complex even with the assistance of a Work Lawyer.  There are a few ways though that an employee may be able to avoid conflict at work if they do take a leave of absence.  In addition, these ways of avoiding conflict may also give insight to individuals who feel as though they have been wrongfully terminated because they took a leave of absence and want to hire a Work Lawyer. Each employee or former employee’s situation is unique therefore it is important to hire a Work Lawyer should there be an issue at work once he or she took a leave of absence or requested to take one.

1.  Know how much time you get off for a leave of absence

Employees are technically entitled to a total of 12 weeks off if he or she takes a leave of absence that is recognized by the law.  If an employee needs more than 12 weeks, he or she may need to have a doctor recommend this extended leave in writing in the form of an accommodation request. As mentioned previously, the laws in this area are complex and an employee or former employee would need the facts of their situation closely considered by a Work Lawyer.      

2.  Provide a note from your doctor if and when your boss asks for one

What if my boss requests a note from my doctor?  Do I have to comply?  If and when an employee puts in a request for a recognized leave of absence, their employer may ask the employee to provide documents from their doctor.  An employee is not required to submit a note from their doctor, however, if an employer requests the note then it is required that the employee provide the document. The document(s) provided by the employee’s doctor do not need to disclose any personal information about the employee’s condition, illness, or injury, but it does need to provide what date the employee is expected to recover and return work.  In addition, should the employee wish to return to work, the doctor’s documents should provide any information regarding any accommodation the employee may need while at the workplace.  For example, an employee may have been injured in a car accident and suffered a back injury.  They may take a leave of absence to recover.  The employee’s Human Resources Department may provide the employee with paperwork for his or her doctor to fill out. In the paperwork, the doctor may provide the date in which the employee is expected to return to work as well as some restrictions on the employee’s duties such as not being able to lift a certain amount of weight or the requirement that the employee sits for 10 minutes after every few hours of standing. Here, in this example, the employee’s doctor provided a date for when he or she would return as well as particular details on restrictions and accommodation the employer may need to comply with upon the employee’s return. 

3.  Use the employer’s documents

Most employers or organizations have their own customized forms for their employees to take a leave of absence.  These forms are usually for the employee’s doctor to fill out.  Even though a doctor can provide a note from their office to your employer, it may be more productive to have the doctor provide their recommendations within the form provided by the employer.  By having the doctor fill out the employer’s standard form for leave of absence, the employee may be able to demonstrate he or she complied with their employer during the process of taking a leave of absence.

An employee may request this paperwork as soon as they find out they need to take a leave.  Whether it is in a few month or he or she is already on the leave due to an emergency, an employee should be as diligent as possible in requesting the employer’s customized form for a leave of absence. 

4.  Keep the employer and/or Human Resources department in the loop

From the beginning, middle, and end of a leave, keeping open communication with the employer or Human Resources department can be crucial.  A leave of absence, depending on the particular circumstances, requires a lot of touches and go between an employee and their employer.  For example, an employee may need to take extra time off after the 12-week mark.  Another example may be if the employee can return to work before the 12 weeks is up but will need accommodation upon their return.  Open communication between an employer and the employee may aid in avoiding future conflict or miscommunication.  Should an employee find himself or herself in a position where they were terminated due to taking a leave of absence, the former employee may be able to use their open communication as evidence that he or she was wrongfully terminated.

5. Know your employee rights

If an employee needs to take a leave of absence or already has taken a leave of absence, it is essential for he or she to know their employee rights.  By asking a Work Lawyer questions regarding their rights, an employee may be able to make an educated decision to pursue legal proceedings. A Work Lawyer is the type of attorney who handles employment matters, specifically leaves of absence matters.  If an employee or former employee needs legal advice on a leave of absence matter, he or she should seek a Work Lawyer who offers free consultations and only works on a no win no fee basis.  An employee taking a leave or who already has taken a leave may benefit from knowing their rights regarding a leave of absence because they will know what the law expects of them as well as their employer.