Employment Attorney

What is religious Discrimination and Accommodation?

People in America have the right to practice the religion of their choice. But what happens when you try to exercise some of your religious practices at work and your boss does not like it?

What if you need to wear a certain type of clothing due to your religious beliefs and you are punished by your employer?
What rights do employees have at work when it comes to their religion?
Are all types of religious beliefs recognized by the law?
What type of lawyer handles religion discrimination in the workplace?
Can I sue my boss for telling me I cannot participate in my religious practices at work? Is religion considered a protected class?
How do I know if my boss has provided the correct accommodation for my religious related request?

Who and what is protected?

There are laws that pertain specifically to employment law that deem the denial of accommodation for religious purposes to be considered discriminatory. In some employment situations, if an employee makes a request for accommodation regarding their religion and it is denied, that employee may be entitled to sue their employer for discrimination.

Employers are required by certain laws to provide reasonable accommodation to an employee who makes a request for accommodation regarding their religion. The employer is expected to make reasonable accommodation for employees who make a request that has to do with their religious beliefs, religious beliefs that are affiliated with common religions which include rituals, ceremonies, celebrations, customs, and/or practices. For example, some employees may observe Ramadan in which the employee may fast.

"Religion" in employment law means that employers must recognize any religions and/or "religious creeds". Employers technically must recognize an employee's religious system or faith, and the traditions and practices in which the employee exercises for religious purposes. This includes moral, social, and behavior beliefs that are upheld by common religious systems.

A Discrimination Lawyer is the best type of legal professional to consult on employment matters regarding religion and employee rights. Should an employee have any issues regarding their employee rights, they should contact a Discrimination Lawyer for a free consultation.

Being punished just for asking

Aside from even having a request granted/accommodated, an employee who even puts in a request to their employer or Human Resources Department is protected from discrimination. This means that the law recognizes that an employee has a right to make a request for accommodation in regards to their religion without being retaliated against or treated adversely because of their request for accommodation. If an employee is in fact punished for making a request for accommodation because of their religion, an employee may have the right to take legal action against their employer for discrimination and/or retaliation.

There are many ways in which an employee may find themselves being punished for asking for accommodation at work in order to practice their religion. A Discrimination Lawyer is the kind of lawyer who would be able to determine if an employee was in fact punished by their employer for making a request.

How does an employer retaliate?

Retaliation against an employee by their employer is prohibited by law in certain circumstances. If an employee makes a request for accommodation for their religion and thereafter they are treated adversely by their employer directly or indirectly, it may be considered as retaliation.

An employer may retaliate against an employee after he or she makes an accommodation request to their employer or Human Resources department because of their religion. The retaliation may be identified by the employer's actions and/or behavior such as reducing the employee's hours, reducing the employees pay, denying the employee employment benefits, confiscating employee benefits from the employee, and/or choosing other employees over the particular employee for promotion. An employer may also retaliate against an employee who makes a request for accommodation for a religious purpose by making rude comments towards the employee, singling the employee out, name-calling or even reprimanding the employee for bogus reasons.

An example of retaliation would be if an employee's religion called for wearing a clothing that covered his or her face. The employee may make a request to their employer to permit them to wear this type of clothing to work for religious purposes. After the employee made the request the employer may begin treating the employee poorly such as reducing their shifts or giving the employee shifts that the employer knows would cause the employee hardship. In this example, the timeline shows that the employee put in the request followed by being treated poorly. This may imply that the employee was being punished for making the request which is prohibited by law. The employee in this example may have a claim against their employer for retaliation as well as discrimination. In order to carry out this claim, he or she should contact a Discrimination Lawyer to discuss their employee rights.

The test

As an employee who needs to make a request for accommodation or has made a request for accommodation regarding religious beliefs, there is a test that the law uses to determine whether the employer must recognize the employee's particular religion and/or practice. Firstly, the employee's religion must address issues and answer questions relating to the meaning of life, death, and the performance of faith. Secondly, the employee's religion must be all-inclusive in essence, having an actual belief system rather than a secluded form of teaching. Lastly, the employee's religion can be identified by the existence of visible and explicit signs, which for example being a vegetarian would not be recognized.

Last words

So what is religious discrimination and accommodation? Although the above information may somewhat answer this question, it is always best to discuss your employee rights with a Discrimination Lawyer. Each case varies and differs on the facts, therefore a one-on-one with a Discrimination Lawyer is the most efficient way to decide whether you should pursue the matter in a court of law. Make sure to reach out to a Discrimination Lawyer who offers free consultations to potential clients which include no other up-front costs.

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Do I need to provide a doctor’s note to verify the need for a medical leave of absence?

Do I need to provide a doctor's note to verify the need for a medical leave of absence?

Taking a medical leave of absence is not ideal for an employee or their employer, but it happens. The law recognizes that sometimes things happen in an employee's life that they have little or no control over which is why there are legal standards that both employees and employers need to meet in order to comply with the applicable laws. Although employees do have rights when it comes to a medical leave of absence for certain reasons, the laws are indeed perplexing. As a result, some employees may find it difficult to even know what rights they have. Hiring an Employment Lawyer or a Labor Attorney would be the type of legal professional an employee should contact to discuss their rights and obtain advice from based on their particular situation.

There are federal and state statutes that regulate leaves of absence and/or affect the rights of employees who take a leave of absence. Although there are federal and state statutes that regulate leaves of absence, the good news is that an employee may utilize the applicable body of law that provides the most protection in their particular situation, which an Employment Lawyer or Labor Attorney will be able to determine. Below are a few points to keep in mind in regards to taking a medical leave of absence.

Who can take a leave of absence?

In most cases, an employee can take a protected leave of absence if they have what a doctor considers as a "serious health condition" such as an illness or injury. An employee may also have a protected leave if their spouse, child, or parent is diagnosed with a "serious health condition." Alternatively, an employee may take a protected leave for the birth of their child as well as to care for the child thereafter. Also, an employee may be entitled to a protected leave of absence for the placement of an adopted child.

Lastly, an employee may be protected in taking a leave of absence if he or she has a family member who is on active duty or in the armed forces.

Am I entitled to paid leave?

An employee is not usually entitled to a paid leave. In some cases however, an employee may be entitled to a paid leave if there is a policy in place at their particular company that ensures that the employee does receive paid leave. Each employee's circumstances differ so it is important to discuss the particulars of your case in deciding whether or not you were or are entitled to paid leave.

Do I need to provide a doctor's note to verify the need for a medical leave of absence?

In a situation where you need to take a medical leave from work, whether or not you need to provide a note from your doctor is a complicated question. Typically, if an employer requests a doctor's note, then an employee may be obligated to provide one from their doctor. Not providing a doctor's note may give the employer the right to deny the employee's request for a leave of absence.

If an employee does put in a request to their employer to take a medical leave of absence, the employer may give the employee a series of forms for their doctor to complete within a specific time frame. An employee who is given documents by their employer should have the paperwork filled out as soon as possible by their doctor and returned to their employer within the time frame specified by the employer. It will be helpful for the employee to keep a copy of all written communications with the employer and all documents related to the leave, as well as keeping a record of all verbal communications between themselves and their employer.

Is my boss required to give me my same job back?

A common concern that many employees have before, during, or after they take a medical leave is whether or not they will be reinstated upon their return. Depending on the specific facts and circumstances of the case, an employee may be entitled to reinstatement upon their return. An employee may have a right to reinstatement is if he or she has a "serious health issue" according to a doctor. In addition to having a serious health issue, the employee would need to have taken no more than 12 weeks of leave. This means that if a doctor diagnoses an employee with a serious health issue and the doctor advises in a form to the employee's employer that the employee needs a certain amount of time off, it would need to be no more than 12 weeks in order for the employee to be entitled to return to their same/equivalent position.

For example, after a recent visit to her doctor, Beth was diagnosed with a serious illness which required that she have surgery within the month. Her doctor informed Beth that after the surgery she would need to be on bed rest for at least 2-3 weeks. Beth is an assistant manager at the factory she is employed at and is now worried that if she takes time off for the surgery she will lose her job. Here, Beth is in a difficult position because she needs to take time off of work to address her medical condition and secondly, she is worried that she is going to lose her job or perhaps be demoted if she does follow her doctor's instructions to take time off. In Beth's case, she may be entitled to her same job upon her return. This is because Beth's doctor has recommended that she take 2-3 weeks off which placed Beth below the 12-week cut-off. Therefore Beth may not have an issue being reinstated upon her return.

Every case varies due to the complexity of the laws that regulate leaves of absence for employees. Certain factors may be taken into consideration in deciding whether or not you may obtain your original position such as how essential your position was at the company. If you are an employee and have questions related to a leave of absence, you should reach out to a Labor Attorney to discuss whether any of your rights were violated and if your employer complied with the leave of absence laws.

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Can my employer ask about my race?

Can an employer ask an employee or an applicant about their race? The short answer is technically no. In some states, it is legal for an employer to inquire about an employee or an applicant's race. California is one of the few states in America that prohibits race-based affirmative action. This means that an employer is not permitted by the law to ask an employee or an applicant what their race is in order to decide whether to provide employment opportunities or not to a particular individual. A Discrimination Attorney in California may be able to provide legal advice to an employee or applicant if he or she was discriminated against based on their race. Below there are some points to consider when dealing with race discrimination in the workplace.

What is race discrimination?

Discrimination laws, in general, were enacted to create equality in the workplace. The laws are meant to prevent employees that belong to a protected class or bear a protected characteristic from being discriminated against because of their differences. The race is considered protected under the law.

Race discrimination in the workplace is where an employee is treated differently from other employees in a negative way based on the employee's race. Race pertains to an employee's ethnicity or ancestry. These laws that prohibit race discrimination do not only apply to long-established groups of minorities, but to all groups of employees and applicants. In other words, the laws are to protect "race" and "color" in general and is not meant to only protect certain groups exclusively. Although race and color may coincide and appear to be interchangeable concepts, the law identifies them as separate claims in a discrimination case. In federal court, the laws that regulate race discrimination identify employment decisions based on stereotypes to be unlawful. For example, an employer who refused to hire an applicant based on the fact that the employee was born and raised in Mexico and based on the assumption that "all Mexicans are lazy" would be considered under federal laws as race discrimination.

Examples of race discrimination would include name-calling, teasing, ostracizing an employee, denying the employee benefits, reducing the employee's pay, deducting the employee's work hours, reprimanding the employee for bogus reasons, or termination. An applicant who is denied employment based on their race is also considered race discrimination and an applicant may be entitled to recovery in that situation.

Another example of racial discrimination may be if an employer requires that all employees only speak English while at work. In other circumstances, an employer may be found liable for race discrimination if he or she makes a decision about whether to hire someone or not based on the applicant's accent. The only way an employer may negative liability for not hiring an applicant based on the applicant's accent is if the accent substantially interferes with the main roles of the position.

Going back to the original question of whether an employer can ask about an employee's race, if an employer were to do that, it would be considered as race discrimination. Race should not be considered when hiring an employee as this does not make employment opportunities equal to all individuals. Keep in mind that all cases depend on the circumstances and would need to be determined on a case by case basis. In order to ultimately determine if an employee or an applicant should take legal action, he or she should seek advice from a Discrimination Attorney.

Taking legal action

First and foremost, in order to begin legal proceedings, an employee or applicant must first confirm whether or not he or she even has a claim. The way in which an employee or applicant can confirm whether he or she has a claim against an employer or organization is by consulting a Discrimination Attorney. A Discrimination Attorney is a type of legal professional who handles cases where an employee or applicant may need legal representation against an employer or organization. A Discrimination Attorney is the type of lawyer who can look over a set of facts and the surrounding circumstances to determine whether an employee or applicant has a claim of discrimination.

Once an employee or applicant arranges a free consultation with a Discrimination Attorney, the attorney may ask certain questions such as how long was the employee employed at their job, when did the discrimination begin, why did he or she feel they were being discriminated against, how many employees are at the company, have any other employees be discriminated against and how, has this particular employee made a formal complaint, have any other employees made a complaint, and specific details on how and why the employee felt as though he or she was discriminated against. By collecting these details, the Discrimination Attorney can advise the employee or applicant on whether he or she should continue in pursuing a claim of discrimination.

Anti-discrimination laws and policies have expanded and matured over the years through the establishment of state and federal statutes. An employee can find what their rights are and what laws are in place that prohibits discrimination under California's Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964. Depending on the circumstances an employee or applicant may have the choice of either filing their suit under either the Fair Employment and Housing Act or Title VII. This is also a decision to discuss with a Discrimination Attorney.

Taking legal action against an employer or organization is a hefty decision to make but by having a face-to-face meeting with a Discrimination Attorney, an employee or applicant can have a more educated decision in deciding to proceed. Plus, there are firms that offer free consultations which provide employees or applicants with the freedom to explore their legal options without paying any up-front costs. Again, in California, it is considered race discrimination for an employer to ask an employee or applicant about their race and it is unlawful for an employer to treat an employee adversely based on his or her race.

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What is sexual orientation harassment or discrimination?

An Employment Lawyer is an attorney who may represent an employee against their employer in a situation where he or she was treated poorly at work based on their sexual orientation. But what is sexual orientation harassment? What is discrimination against a person's sexual orientation? In order to understand the answers to these questions, it may make more sense to start with the laws that surround these topics and to know who is protected by these laws.

What is discrimination and harassment?

What exactly does it mean to be discriminated against in the workplace? To discriminate is to notice an individual's differences from others and to treat that individual differently from others in a negative way because of that individual's differences. There are employment laws in place that regulate discriminatory practices within the workplace and deem them as unlawful.

Not all forms of discrimination are unlawful in the workplace. For example, it may seem unfair but employees who are over a certain weight may not be a class of individuals who are protected under the law. For instance, if an employee is overweight and is picked on and treated adversely compared to other employees based on being overweight, while It is unkind it may not be considered as unlawful. Employment laws only recognize certain classes of individuals and particular characteristics as being protected. Examples of classes and characteristics that are recognized by the law are an employee's creed, religion, marital status, gender, age, military status, ethnicity, disability, medical condition, veteran status, and sexual orientation. If an employee is singled out and treated negatively based on belonging to one of the recognized classes or an employee is treated poorly based on possessing an acknowledged characteristic, then that may be considered asunlawful treatment.

Where an employee is treated differently compared to other employees in a negative way and it is because that employee falls under a protected class or bears a recognized characteristic, that employee may have a case against their employer for discrimination. An employer or organization may be held liable for discrimination if the employee can show he or she was singled out based on a protected class or characteristic. It is essential to note that belonging to a protected class or bearing a guarded characteristic does not mean that an employee is automatically granted a right to sue for discrimination and/orwrongful termination. This means that if the unfair treatment is not based on the employee being a member of a protected class or bearing a protected characteristic then it not considered discrimination. For example, George was a 50-year-old man at an online store's warehouse. The law does recognize age as a protected class for employees who are 40 years of age and older. Recently George was fired for being late several times and was caught falsifying his time sheets. In this scenario, although George may qualify as being a person belonging to a protected class, which in this case would be age, he may not be able to prove he was a victim of age discrimination. In George's case, his employer may be able to claim that he was fired because of George's tardiness and fraudulent acts. The adverse treatment needs to be based on the employee belonging to a protected class or bearing a protected characteristic whereas here, George was not exactly Employee of the Month material. George's termination would need to show that it was based on his age. So if George had been told by his boss "hey, you're getting too old for this job" and then thereafter he was terminated, that may be considered as age discrimination.

Discrimination in its application is handled by an Employment Lawyer who represents employees against their employers. In order to even know if you or someone you know has been discriminated against, you should contact an Employment Lawyer in your area.

Harassment in the workplace can come in the form of teasing, name-calling, talking down to an employee, mocking, berating, or bullying. Another form of harassment may be delivered through photos, videos, memes, cartoons, emails, texts, and physical gestures. All of these forms of harassment are categorized as unlawful once the harassment is motivated by the singling out of a protected class. More specifically, if the harassment is based on an employee's sexual orientation, that may be considered as unlawful.

Discrimination and harassment against sexual orientation

Discrimination and/or harassment against an employee'ssexual orientation is considered as unlawful behavior because sexual orientation is considered protected by certain employment laws. Sexual orientation refers to an individual's sexual or romantic preference such as homosexuality, heterosexuality, and bisexuality. If an employee is singled out, treated adversely, or treated less favorable compared to all other employees because of his or her sexual orientation, then that may be discrimination or harassment. An employee who is being discriminated against based on his or her sexual orientation may experience being denied employee benefits, being passed over for promotion, reduced pay, reduced hours, or termination. An applicant may also be subjected to unlawful hiring practices which also prohibited by the employment laws.

The laws in employment law hold employers accountable for discrimination even for perceived sexual orientation harassment and/or discrimination. In other words, an employee who is assumed by their employer or fellow coworkers as being homosexual and is not, yet is teased and harassed based on that assumption, may still be held liable for harassment and/or discrimination.

An Employment Lawyer who has handled cases in the past in sexual orientation discrimination and harassment may know the best way to represent an employee who is in a current discrimination or harassment situation at work.

An employee should not have to endure harassment or discrimination if it is based on a protected class or characteristic, especially if the harassment and/or discrimination is based on an employee's sexual orientation. Employees have the right to feel safe in their work environment and employers are responsible for enforcing an anti-discrimination policy at the workplace. The current employment laws are in place to provide protection for employees and they will be enforced if an Employment Lawyer is hired by an employee who is being victimized at work.

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What are my employment rights if I am or become pregnant?

What are my employment rights if I am or become pregnant?

As society continues to advance, Americans are living longer, maintaining their careers, and deciding to have children a little later in life. Most adults today want it all and employment laws, especially in California, reflect their support of this current trend. In California, there are laws that provide protection and rights for employees who become pregnant, are presently pregnant, or suffer from pregnancy-related medical conditions both physical and/or mental. The laws can be complicated, however, so it is essential for employees to know their basic rights when it comes to pregnancy and to also seek legal counsel. A Work Lawyer would be helpful in the application of these employee rights to the employee's particular situation. An employee should have the freedom to have a child or plan to have a child without worrying whether it will place their career in jeopardy. Although an employee should reach out to a Work Lawyer for pregnancy-related work issues, the following information may be important to keep in mind.

The amount of employees at your workplace is an important factor

The number of employees employed at a pregnant employee's work (try saying that five times and fast) is an important factor in determining what rights a pregnant employee has. Speaking of five, employees who are pregnant, become pregnant, or were pregnant, may be entitled to certain rights if their workplace has at least five employees. An employer is obligated to provide the employee with a leave of absence and or justifiable accommodation. So, although it may appear to be out of the ordinary, the rule usually is that an employee who is pregnant, given birth, or experienced a miscarriage may be entitled to certain employee rights but there does need to be at least five employees employed at the particular employee's workplace in order to be entitled to those rights.

Keep in mind that an employee who is or was pregnant is also entitled to these protections if the employee has a miscarriage and/or any physical or mental health issues that may arise out of a childbirth or misarrange. A work attorney is the type of legal professional who could clarify any questions or concerns an employee has regarding their rights according to the laws that concern employees and pregnancy-related occurrences.

Your employer may be required to provide you with a four-month leave

There are certain types of employers who are required to comply with particular laws regarding pregnancy leave for their employees. If an employer is required to comply with these laws, then technically the employee must provide the employee with up to four months of leave. Ultimately, the employee's doctor should provide in writing his or her recommendation for how long the employee will need off from work, but again the employer may be required to provide the employee up to 4 months.

If the employer or organization has a policy that provides more than four months leave, the employer may be held accountable for actually providing that extended amount of time if and when an employee needs to take a leave regarding pregnancy, otherwise, this may result in a breach of contract claim.

There is such a thing as pregnancy being protected in the workplace

Employees who are pregnant or have a medical condition are both considered protected by the law. Even though pregnancy and medical conditions are two separate but recognized classes/characteristics that are protected by the law, one may accompany the other. In other words, an employee may have a pregnancy-related injury, illness, or condition. Now, what does it mean pregnancy and medical conditions are protected? It means that according to certain employment laws, employees who fall into either or both categories are protected in certain ways in the workplace. Pregnant employees, employees with a medical condition, or employees with a pregnancy-related condition may be entitled to job security, meaning they may have their position reinstated to them upon their return from taking a leave due to their condition. Also, protection means that the law prohibits an employer from treating an employee adversely because of the of the employee's condition. It is against the law for the employer to demote, reduce pay, deduct work hours, deny employee benefits, and/or tease or make inappropriate comments regarding an employee's condition. Should an employer conduct themselves in such a manner is considered discriminatory behavior.

Discriminatory behavior comes in many forms, therefore, an employee who feels they are being treated negatively, based on their condition, they should contact a Work Lawyer to discuss what rights they are entitled to and determine whether those rights were violated.

There are many laws that are triggered once an employee becomes pregnant

Depending on the particular facts of a case, there are many different laws that regulate the rights of employees and employers when an employed individual becomes pregnant.

If an employee is discriminated against for being pregnant or is discriminated against for taking a medical leave for their pregnancy, discrimination laws are prompted. There are state laws and federal laws that pertain to discrimination in the workplace. The state laws in California are similar to the federal law, however, depending on the employee's particular circumstances, an employee may find that the state laws are more beneficial to their case. Of course, this is something that a Work Lawyer should be able to determine.

When it comes to an employee needing to take a leave due to pregnancy disability, meaning the employee is diagnosed with a condition or injury that is related to their pregnancy, there are certain laws within the state that are then engaged.

Pregnancy leave, pregnancy-related injuries, and/or pregnancy discrimination are all complex legal issues that a Work Lawyer would need to help an employee with. If an employee has made a formal complaint regarding any of the mentioned issues and no steps have been taken by the employer to remedy the problem, then the employee should contact a Work Lawyer. A Work Lawyer may be able to sift through the laws to determine what rights a particular employee has and whether or not that employee should pursue a case against their employer.

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What Happens After a Contract is Breached?

What happens after a breach of contract? Well, what happens before and during are just as important questions to ask. Breach of contract claims in employment law can be tricky but with the guidance of an Employment Attorney, they can be little less complex. An Employment Attorneywho represents employees against their employer is the type of attorney who may be able to decipher whether there was an implied or expressed promise made by an employer to their employee and whether or not that promise was fulfilled. Below are some points to keep in mind about breach of contract in employment situations.

The rundown

In California, employees are automatically considered as at will. At will employment basically means that an employee can be terminated for any reason or for no reason at all. The "at will" literally means the employer can decide to fire an employee at their own will without cause, even if they just feel like getting rid of an employee. For example, a boss could call an employee into his or her office today and say "Bob, I've decided the sound of your voice sounds like nails on a chalkboard, no one likes you at the office either. You're fired". Technically he or she could do that to poor Bob because he's an at-will employee and the employer can just decide to fire employees when he or she pleases. This means you cannot sue your boss for a breach of contract claim if you are fired.

There is an exception to the at-will employee rule, which is that an employer cannot terminate an employee if it is based on an illegal reason. An illegal reason would be if an employer terminated an employee based on the employee belonging to a protected class or possessing a protected characteristic. The law considers certain classes and characteristics protected such as marital status, race, age, religion, creed, sexual orientation, ethnicity, veteran status, military status, pregnancy, medical condition, or disability. If an employer's reason for firing an employee is based on the employee belonging to a protected class or the employee having a protected characteristic, then that may be considered as prohibited by the law. In looking at the previous example of poor Bob, let's say Bob was born and raised in Mexico. Prior to Bob's boss firing him because his voice was annoying and he wasn't the most likable guy in the office, his boss had made derogatory remarks about "Mexicans". On a few occasions Bob's boss had made jokes about how " all Mexicans were lazy". Bob's manager who hired him was the only other Mexican and was fired a week before Bob. In this example, there may be evidence that demonstrates that Bob was fired for an illegal reason. Although Bob's boss said it was because he was simply not liked at the office, the fact that his boss had made remarks that singled Bob out based on being of Mexican descent on top of the fact that the only other Mexican employee at the office was also fired indicates that Bob was fired based on his ethnicity. Here, Bob may be able to prove that he was fired for an illegal reason because it was based on his ethnicity which is a protected class according to employment laws in California. But again, this would not be considered a breach of contract claim.

The other exception

As mentioned previously, employees in California are automatically considered as at-will employees because California is an at will state. An employee who is at-will can be fired at the will of their employer without cause, but there is another exception to this rule. An employee may not even be considered at will in certain circumstances which means he or she cannot be terminated without cause. The circumstances that would render an employee to be considered as not an at-will would be if the employee can prove that he she had a contract with the employer that said otherwise. The contract can expressly or impliedly indicate that the contract would have a fixed time of employment and/or the employee could only be terminated if there is a cause.

If an employee cannot provide proof that there was an expressed or implied contract that provided that he or she was on a fixed term of employment and or he or she could not be terminated without cause, then the employee is considered at-will and therefore can be terminated for any reason or for no reason. Where an employee can provide proof that he or she was terminated while there was indeed an expressed or implied contract in place that had a fixed term of employment and/or that the employee could not be terminated without cause, the employee may have a claim in breach of contract and possibly wrongful termination. An Employment Attorney may be able to assist an employee or former employee should they have any questions regarding expressed or implied contracts. Also, an Employment Attorney may also be able to provide legal advice on any questions concerning whether a former employee has a breach of contract case and/or a wrongful termination case.

Breach of contract claims for at-will employees

An employee may be able to bring a claim against their employer for breach of contract even though the employee is an at-will employee. If an employee is promised by their employer that he or she will receive some kind of a benefit such as a pay increase after a stated term of employment and the employee is terminated before all the terms of the agreement are carried out, then the employee may recover. Usually, the employer could terminate the employee without cause, but where there is a promised benefit at the end of a fixed term and then the employee is fired for no reason before all the terms of the promise are carried out, the employee may be able to recover some of that money. In this kind of situation, a former employee may have a breach of contract claim against their former employer, in which case he or she should call an Employment Attorney for representation.

Dealing with a possible breach of contract claim can be overwhelming but with the assistance of the right Employment Attorney, it is possible to recover.

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What is sex or gender discrimination?

In general, there are certain types of people or people with certain characteristics who are protected by the law when it comes to discrimination in the workplace. There are state and federal laws in employment law that prohibits discrimination against particular individuals or particular characteristics of an individual such as age, race, religion, creed, sexual orientation, marital status, veteran status, military status, pregnancy, sex, and gender. Depending on the circumstances, an employee or applicant may be a victim of gender or sex discrimination in the workplace. Although gender and sex are terms that are used interchangeably, they are different and these differences can be demonstrated when it comes to identifying how an employee or applicant was discriminated against in the workplace. A Discrimination Lawyer is the type of lawyer an employee or applicant should contact on matters regarding sex or gender discrimination.

The basics

Although an individual's sex or gender seem to be simple concepts, there is a difference between the two and it is important to understand those differences especially when it comes to discrimination.

What does a person's "sex" mean? The sex of an individual pertains to their biology. This means sex is the biological differences in males and females such as hormones and genitalia. On the more scientific side, females have two X chromosomes while males have an X and a Y. This is not a subtle difference because the Y in the male chromosomes is what causes an embryo to develop testes. In some cases, however, some males can have 2-3 Xs while some women can have a Y.

What is the difference between sex and gender?

An individual's gender is less scientific and based more on a society and its social and cultural norms. The gender of an individual is based more on what a particular society believes to be feminine and masculine and how that society perceives what is male and what is female. More specifically, gender is what a society has built to believe what roles a male has and what roles a female has in their society. This is why it is known that gender is usually described as a result of social constructs. Gender is based more on an individual's appearance rather than what sex the individual was assigned to when they were born.

The basics of the differences between sex and gender is important to understand in order to know if and when an individual was discriminated against in the workplace. For further guidance on this area of law, contact a Discrimination Lawyer who has handled and been successful in discrimination cases.

What does it mean to be a victim of discrimination?

As mentioned previously, there are certain classes of people and characteristics protected by the law. When it comes to gender or sex specifically, an employee may be protected under the law from discrimination. Although an employee is "protected" this merely means that the law prohibits these employees or applicants from being discriminated against and provides rights for those employees or applicants to have the right to sue an employer if they are discriminated against. The laws do not guarantee prevention of discrimination from actually occurring. With this in mind, an employee or applicant should know how and in what ways they may become a victim of gender or sex discrimination.

Discrimination can be exercised in many ways. An employee or applicant who is being discriminated against may experience treatment from a manager or employer that is negative and different compared to the way other employees or applicants are treated. The negative treatment would be considered illegal and discriminatory if it targeted the individual based on a class or characteristic the law recognizes as protected. Treatment that is identified as discriminatory would be if the employee or applicant was called names, teased, singled out, or called inappropriate nicknames. Even if a supervisor or other employees claim the teasing was not ill-intended, it is still considered discriminatory when it is based on the individual belonging to a protected class or possessing a protected characteristic. Other treatment that is considered discriminatory would be if the employee was denied employee benefits, was passed up for any promotion opportunities, was denied training that would lead to a promotion or even a demotion. Some employees may even be subjected to reduced pay or reduced hours.

If an employee or applicant was being discriminated against based on their sex, the employee would be singled out because of their sex. For example, George may apply for a job and during the interview, the employer may tell George that the company does not favor male applicants because they prefer female applicants. Another example would be if Tara was picked on at work by her boss and was constantly subjected to his sexist jokes about women, and he also only picked on the other female employees but not the male employees. Those two examples may give rise to a sex discrimination claim because it involves an applicant and an employee being treated adversely based on their sex.

An employee who is suffering from gender discrimination may be subjected to adverse treatment based on their gender. More specifically, an employee may be teased or ostracized because they do not fit within the gender roles that their employer or coworkers follow. For example, Greg, a male nurse, may be picked on and teased by his female supervisor because he is not "masculine" enough to be a doctor. Here, Greg is being singled out based on his gender and therefore may have a claim against his employer for gender discrimination.

If an employee or applicant feels that he or she has become a victim of gender or sex discrimination, he or she should call a Discrimination Lawyer to discuss the details of their case. Whether it is a current employee being teased by their coworkers or an applicant who was recently denied employment based on their perceived gender, the employee or applicant should speak with a Discrimination Lawyer to receive further information on whether he or she has a case against an employer or organization for discrimination.

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Can My Company Limit Jobs to Individuals Under a Certain Age?

4 Reasons Why Age Discrimination Lawyers Are Necessary

Can My Company Limit Jobs to Individuals Under a Certain Age?

Certain characteristics and classes are considered as protected under employment laws. These classes and characteristics cover an employee's race, religion, age, gender, sex, sexual orientation, military or veteran status, and/or marital status. Out of the protected classes, age remains a class that is discriminated against. An employee's value should be determined based on their skills and not their age. Just like younger employees, older employees should also be given the opportunity to learn and grow at their place of employment. Although older employees and applicants have the potential to offer just as much if not more than a younger employee, older employees or applicants remain a common target for discrimination. Employees who are age 40 and older should be informed of the laws that protect them if they feel they are being mistreated just because of their age. A Discrimination Lawyer is the type of attorney an employee or applicant should contact if he or she has become a victim of age discrimination in the workplace.

Is it legal for my boss to pick on me because of my age?

No, in most circumstances it is not legal for an employer to mistreat an employee based on the fact that the employee is 40 years of age or older. Age is considered a protected class meaning that an employee who is the age of 40 and older falls under the protection of the law. The law protects employees of this age and older from discrimination in the workplace or if he or she is applying for a position.

Keep in mind that just because an employee falls within the protected age range, does not automatically confer protection to that employee. An employee who is within the protected age range is only protected from adverse treatment because he or she is 40 or older. For instance, an employee who is consistently late and does not finish their work on time is often scolded by their employer, which ultimately leads to the employee's termination. Even though the employee is over the age of 40, they may have difficulty proving that they were scolded and fired because of their age, as it seems they were targeted solely for their poor worth ethic.

An employee or applicant would need to discuss what happened to them with a Discrimination Lawyer if he or she wanted to know if they were singled out specifically because of their age.

How do you know you are a victim of age discrimination?

Age discrimination can be identified through comments related to an employee or applicants age. For example, a manager may choose to make negative comments towards an employee based on their age such as "hey old timer, isn't it time for you to retire", "age does make a difference", or "the younger employees are better at your job". These types of comments, even if some are meant to be jokes, may be characterized as discriminatory.

An employee may be singled out based on their age if he or she is passed up for employment opportunities that he or she is qualified for yet the opportunity is given to employees under the age of 40. An employee over the age of 40 may also experience reduced hours, reduced pay, or even termination.

Another form of discrimination is demonstrated through visuals such as cartoons, emails, text messages, or articles that may contain a negative message pertaining to an employee's age. For example, an employee who recently turned 50 may be subjected to other employees sending emails containing cartoons about old people.

Can a company limit jobs to individuals under a certain age?

As mentioned previously, an employee who is deprived of employee benefits or opportunities based on their age is a form of discrimination. So an employer is technically not permitted to limit jobs to individuals under a certain age.

For example, an employer cannot say to an employee or applicant "I only want someone under 30 for this job". In this example, the employer's comment and hiring practice may be considered discriminatory against age. A Discrimination Lawyer is the best person to ask whether or not a particular set of facts may be considered as age discrimination. Contact a Discrimination Lawyer who offers free consultations so you can ask without paying any up-front costs.

Making a complaint

Employers and organizations are required by law to inform their employees of the laws that prohibit discrimination and harassment in the workplace. The law requires that these employers facilitate an anti-harassment policy that contains procedures and a complaint process.

Typically, a complaint procedure will require an employee who is making a complaint about being harassed based on age by another employee, to put the complaint in writing. However, even if the company's policy explicitly states that the employee's complaint needs to be in writing, this does not reflect what the law says is required. Putting a complaint in writing is more efficient, but the law says that written complaints and/or verbal complaints to a supervisor or manager will suffice. This manager does not even have to be the designated manager of the particular employee who is making the complaint, a manager or supervisor at the company is enough. If an employee feels uneasy about making a complaint, some companies have a hotline available to employees who need to report any kind of unlawful behavior including discrimination.

It is a good idea to keep a copy of any written complaint you might make as an employee and/or keep a record of any verbal complaint made regarding age discrimination.

In conclusion, an employee or applicant 40 or older should not have to endure being treated adversely because of their age. Age discrimination is considered as unlawful behavior and the law prohibits its practice within the workplace. If you are an employee or applicant who feels as though you were singled out because of your age and you are 40 or older, you should contact a Discrimination Lawyer to discuss whether you have a claim against your employer.

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How Does an employee Know if They are Being Discriminated Against in the Workplace Based on Their Disability?

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

How Does an employee Know if They are Being Discriminated Against in the Workplace Based on Their Disability?

Employees with particular disabilities are considered to be part of a protected class by the law. The State of California provides security and rights for American's with disabilities who wish to enter the workforce. These rights are meant to encourage employees with disabilities to participate in society and offer the same opportunities as those who do not have a recognized disability. The law recognizes certain mental disabilities, psychological disorders, intellectual disabilities, organic brain syndrome, and/or emotional or mental illness. Also, certain physical disabilities are recognized as well, such as a physiological disease, disorder, condition, cosmetic disfigurement, or any loss of control of the body.

How do you know its disability discrimination?

The Fair Employment and Housing Act prohibit behavior in the workplace that singles out employees based on their disability by way of hiring practices, promotion selection, and the way in which employee benefits are distributed. Discrimination comes in all shapes and sizes but they all cause damage to an individual with a disability, emotionally as well as to their career. In its most obvious form, discrimination can be inflicted upon an employee through verbal and written comments. These comments often speculate on the employee's capability to carry out their duties as an employee. For example, an employee who was injured in a car accident lost one of his arms. This employee is often verbally abused and humiliated in front of his co-workers by his manager. Often his manager would make comments and make jokes towards him such as "Gosh you're slow, this is really a two-arm job" and "Hey, too bad you can't shop at the secondhand store". In an email, his manager told him he was slow and his disability was a burden on the department. This employee was the only person at the company who was picked on and treated in this manner by the manager. Here, this example shows discrimination in the verbal form as well as the written form. In both forms, the manager singled out the employee from the rest of his coworkers specifically because of his disability which may give rise to a disability discrimination claim.

Again, discrimination can also come in the form of demotion, passing up an employee for promotion, singling the employee out, name calling refusal to provide reasonable accommodation, depriving the individual of employee benefits, cutting hours, reducing pay, or even wrongfully terminating the employee. Although this list covers the most common forms of discrimination, it is not an exhaustive list. A Disability Attorney is a lawyer who specializes specifically in employment law matters and is able to identify certain actions and behaviors as discriminatory that may extend beyond the actions mentioned.

It doesn't just come from upper management

Generally it might be presumed that it is the employer or someone in upper management who would exercise discriminatory behavior towards an employee with a disability, however, that is not always the case. Many employees with disabilities endure adverse treatment based on their disability by fellow co-workers. For example, an employee may have certain adjustments made to their schedule or use a special chair at their desk to accommodate their disability needs. Other employees may make comments such as "oh here comes John, he always gets special treatment just because he has a bum leg" or "Disabled people get it so easy, they are just lazy and want a free ride in life". These types of comments are of course hurtful but they also are downright discriminatory. Commenting on an employee's disability, especially in a derogatory manner can be characterized as harassment and unlawful.

You're afraid you'll lose your job if you complain

If an employee is harassed at work based on their disability, he or she should report the incident(s) immediately and the employee is entitled to do so without repercussions for complaining. This means that if an employee is being treated adversely because of their disability, whether it is by another coworker or a supervisor, it is against the law for an employer to fire the employee specifically for making that complaint. This is called retaliation. An employee who is being retaliated against after making a complaint regarding unlawful conduct, the employee may endure a demotion, bogus reprimands, or even being suspended from work. These are forms of punishment that an employer may inflict upon an employee for complaining and may give rise to a retaliation claim.

Even if an employer has fulfilled their obligation in making reasonable adjustments to accommodate the employee's disability, the employer is also responsible for taking steps to protect the employee from harassment. Once an employee makes a complaint about being harassed by other employees based on their disability, the employer needs to take steps to address the issue such as conducting an investigation, separating the individuals, enforcing or enacting work policies that aid in maintaining a harassment-free environment, and other preventative measures that actually hinder the problem from reoccurring,

Every case is different

So, how does an employee know if they are being discriminated against in the workplace based on their disability? Every case is different and there is no hard and fast rule that can determine automatically if an employee was discriminated against or not. That is why each case is decided based on collecting all the surrounding circumstances before coming to a conclusion.

Disability discrimination in the workplace is considered as unlawful behavior and prohibited by the employment laws in California. Although employees with a disability have rights in the workplace, those rights can still be violated. It is up to the employee to make complaints, keep a personal record of all incidences, and to seek legal counsel if their employer or Human Resources Department is not addressing the issue. If an employee is treated negatively based on their disability, this can be disruptive to the particular employee and may cause the employee to experience stress. An employee with a disability may have the right to refuse to withstand such conditions at work. Contact a Disability Discrimination Attorney today to discuss your rights as an employee with a disability.

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Who is considered an immediate "family member" for purposes of taking FMLA leave?

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

Who is considered an immediate "family member" for purposes of taking FMLA leave?

As if working hard for that promotion or striving for better shifts wasn't hard enough, what happens when the unexpected throws you off course? Becoming extremely ill, being injured in an accident, being called to duty overseas, or needing to care for a sick loved one, these are all situations that have the potential to pop up unexpectedly in an employee's career. Also, some employees join the workforce with a disability and may need time off sporadically to maintain their health. Generally, these occurrences are out of the employee's control but does this mean that their career is over? Is an employer allowed to dismiss an employee who needs time away from work when the unexpected strikes? Does an employee have any rights when it comes to needing time off from work?

A Leave of Absence Lawyer is the type of legal professional who specializes in answering the type of questions that arise when an employee needs to take a leave of absence, has already taken the leave, or is currently on leave. There are federal and state statutes that regulate employee leaves, therefore taking leave can be complex for the employee as well as the employer in understanding what is permitted and prohibited by law. Unfortunately, employers sometimes violate the rights that are given to employees by one of these federal or state statues by demoting the employee, removing the employee from the work schedule, or even firing the employee. This can be frustrating for an employee and can also be detrimental to their career and financial situation. If an employee does find themselves in a situation where they have been treated adversely by their employer because they took a leave of absence, a Leave of Absence Lawyer may be able to represent the employee in legal proceedings.

What is FMLA leave?

In modern times, Congress took notice of the way in which family dynamics were evolving in that more adults who had families were entering the workforce. With this in mind, it was also noticeable how behind employers were as their policies remained rigid and lacked compassion for employees who may need to take a leave of absence. In order to remedy this imbalance, the FMLA was enacted. FMLA stands for Family and Medical Leave Act and is a federal act.

The Family and Medical Leave Act was created to encourage adults to feel confident in their pursuit to maintain a job while meeting the needs of family life simultaneously. The FMLA provides rights and the parameters of those rights such as the amount of leave an employee may take, what situations call for a leave, information on military leave, medical leave requirements, information on paid and unpaid leave, information on re-entry, and how employee rights are enforced.

Keep in mind that in California, the California Family Rights Act (CFRA) is the state law that regulates leaves for employees.

Who is entitled to a leave of absence?

Being an employee is a start for whether or not an individual is eligible for FMLA leave, but there are additional requirements. The employee must have had their job at the company for no less than12 months from the date of when the leave of absence began. In addition to the 12-month minimum employment, the employee must also have logged a minimum of 1250 hours of work during those 12 months prior to the leave of absence being taken. Lastly, in addition to this two requirements, the employee must prove that they meet what is known as the 50/75 standard. This means that the employee must show that there was a minimum of 50 employees within a 75-mile radius of the job site where the particular employee was working before they took their leave.

Each case is unique and requires a critical analysis of the facts, therefore it is beneficial to contact a Leave of Absence Lawyer who has experience in leave of absence cases. It is always best to obtain a free consultation rather than deciding on your own that you do or do not have a case.

Who is Considered an Immediate "family member"?

In taking a leave of absence to care for an ill family member, an employee must know that a protected leave does not cover all family members. A protected leave to care for a family member extends to a parent, child, or spouse. It does not extend to siblings. Also, in some cases, it may extend to an employee who is the legal guardian of the individual who is in need of their care.

What reasons are considered valid for taking a leave?

An employee's leave may be protected by the law if the employee suffers from a severe illness or health condition, or a spouse, parent, or child suffered from a severe illness or health condition. Another reason that provides a protected leave would be for the birth of a child and or to take care of the child after birth. Also, if an employee adopts a child or takes in a foster child, the initial placement of the child in that employee's care is protected if the employees need time off for this process.

If an employee's spouse is in the armed forces currently serving in operational work and an emergency arises out of being on active duty, an employee may have a protected leave. Lastly, an employee may take a protected leave to care for an injured member of the armed forces or veteran, or to care for them while they are in the process of rehabilitation.

As an employee in California, it is imperative to know your rights in the workplace. Taking a leave of absence can be disruptive but it should not cost an employee their job or career based simply on taking the leave. While FMLA remains in place to protect employees, employers today still attempt to violate these rights, therefore the need for Leave of Absence Lawyer remains. If you took a leave of absence and lost your job shortly after or perhaps you were fired upon submitting a request for a leave of absence, you may have a claim against your employer.

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Employment Attorney

What is religious Discrimination and Accommodation?

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What is sexual orientation harassment or discrimination?

What are my employment rights if I am or become pregnant?

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What is sex or gender discrimination?

Can My Company Limit Jobs to Individuals Under a Certain Age?

How Does an employee Know if They are Being Discriminated Against in the Workplace Based on Their Disability?

Who is considered an immediate "family member" for purposes of taking FMLA leave?

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