Employment Attorney

Call a wrongful termination lawyer to be aware of Holiday or paid time Away in California

Employers Need to follow Specific rules when Supplying Holiday or paid time Away in California.

As a result of this, many companies decide to provide a holiday for a. Happier, healthier employees. the benefit of employment.

California law believes accrued holiday for a kind of salary. The very same principles apply to PTO.

In July of 2015, California companies are expected to present a minimal amount of paid sick days each year.

Holiday Accrual

As an instance, if a holiday coverage offers a worker ten days of holiday every calendar year, he or she'll accrue five days of vacation after working for six weeks.

Wrongful Termination

The waiting interval frequently correlates with the 90-day beginning period but may be provided that the initial year of employment.

Employers may not offer a holiday to particular groups of workers but not others as a protected characteristic, such as race or ***. By way of instance, employers can give holiday simply to full-time workers or simply to supervisors.

Reasonable Cap on Holiday Accrual Unlike several other states, California does not allow use - it - or - lose - it vacation coverage. Underused - it - or - lose - it coverage, the accrued holiday must be employed by a particular date usually at the end of the year or It's forfeited. Because accrued holiday is considered earned salary, use-it-or-lose-it coverage are viewed as strangely withholding wages owed to workers.

This puts companies to keep some control over holiday accrual and stop workers from racking up ridiculous amounts of holiday time.

Before, the ELSE has retained a holiday cap be-be no less than 1.75 times the pulling that same line of the pulled that rule line and more only the cap has to be reasonable While a 1.75 cap is most still the strongest ratio, a 1.5 cap might also be in legal limitations. The illustration below demonstrates how the holiday cap functions.

Case in point: Sunshine Inc. supplies all full-time workers with ten days of paid holiday every year. Sunshine holiday coverage has a cap of 1.75 times the yearly accrual rate or 17.5 times. year, but after he or she reaches 17.5 days, no longer holiday will accrue before the holiday bank drops below this amount.

Holiday Tours

Employers Have A Good Deal More Freedom To Form Their Holiday Policies In Regards To Scheduling. Generally, Employers Can Pick When And How Workers May Schedule Their Off Time From Work. A Company May, By Way Of Instance, Demand That Employees Submit Vacation As well as an employer may put a certain number of days or months beforehand. limitations on the number of workers that are out on holiday at precisely the exact same moment.

Payout of Holiday on Separation

Holiday is considered earned salary and must be compensated in Precisely the Same period as the employees final salary:

When a worker stops with less than 72-hour notice, the last paycheck is expected within 72 hours at the time of stopping.

But it's ill days are contained in an overall overall PTO policy, all the PTO is handled just like a holiday and has to be paid out on separation.

Some companies also supply a set of perch vacation every year. Generally, a vacation which can be tied to a certain occasion scatters have to get paid out by separation. By way of instance, if an employer offer paid vacations for Christmas, New Yeas, or even the employees birthday or employment anniversary, these the times or floating holidays are not tied to a certain occasion and might be taken anytime through the year for any reason they are treated as a holiday. To put it differently, personal days or floating holidays cannot be subject to some use - it - or - lose - it coverage and have to be paid out upon separation.

If you have not work, you can not subtract advanced holiday from the last paycheck if a worker leaves sooner than anticipated. By way of instance, if an employee has just 1 week of accrued holiday, but requires Two weeks of holiday and then stops, the employer can not deduct the week of holiday from their final paycheck.

Waiting Time Penalties

The waiting period penalty is your employees average daily wage, for as much as 30 days.

For more info on holiday and paid time off, contact a wrongful termination lawyer

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To know about workers right ask a wrongful termination lawyer

Additionally, workers have the right to inspect and copy their citizenship documents. They are ve 've signed.

Formally workers have the very same rights. They are also the same.

Right to Inspect Personnel Documents

California gives workers and former employees the right to ensure any of them. While California workers have broad rights to see. There is an occupation, there are a couple of exceptions. Employers can also strike the names We are aware that we are not aware of the importance of employment, of almost any non-supervisory employees which look on your personnel file records.

Employers need to keep these employees is terminated or an employee who does not comply with an employee petition to inspect their personnel records are subject to a $ 750 penalty.

How to Request Your Own Records

Employers need to request a review in writing. The petition, workers scatter have to utilize the employee's form (so long as the request is in writing). Employers need to make the documents accessible in a reasonable The agent of an employee or former employee may also make the petition.

Where Workers May View Records

Employers are not required to permit employees to look at their documents during their normal work hours.

Former employees can see their documents in the place where the employer and employer. In case the worker was terminated for law enforcement or office coverage regarding harassment or workplace violence, then the employer may A former employee could also ask the company to copy the email to the former worker or may simply be a part of the former worker. Responsible for copying and postage expenses. Employers have to respond to just 1 petition from a former worker each year.

Based on wrongful termination law The right to inspect is suspended while the litigation is pending.

Workers in California have citizenship documents, too. Employers have to supply California workers with specific payroll information whenever they get paychecks, either in the kind of another document or a paycheck stub or vouchers, such as the Number Of Hours The Employee Worked, The Amount Of Pay For Every Your deductions From Pay, Gross Salary, And Web Wages.

Employers Need To Create Citizenship Documents Available For Review And Copying At An Employee Request. After An Employee Makes The Request, The Company Has 21 days to offer the documents.

California law giving workers the distinct right to ask and copies of the job contract. Hand way acknowledgment forms, nondisclosure agreements, at-will arrangements, The legislation does define how fast company. But lots of employment-related files that workers are asked to sign are placed file petition.

For more info please call a wrongful termination lawyer.

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3 Reasons Why an Employee Needs a Discrimination Lawyer

Discrimination in the workplace is prohibited by law and in civil law, an employee may be able to bring a suit against their employer for discrimination. But in order to know whether or not an employee has a claim, how he or she should go about their case, and whether he or she has additional claims are questions a Discrimination Lawyer is usually able to answer. There are many reasons why an employee would need the aid and guidance of a Discrimination Lawyer, but there are three important reasons worth listing. 1. You need to know if you were actually discriminated against The list of classes and characteristics that are considered protected by the law is extensive yet the details of that list are not what people believe it to be. For example, an employee may know that age is a protected class, however, he or she may be unaware of what parameters the law has created to regulate discrimination against employees of a certain age such as what age groups are considered protected and what behavior is considered as ageism. Discrimination takes on many different forms and can be carried out in different ways. Even if an employee feels they are being discriminated against it is a job for a Discrimination Lawyer to hone in on the damning facts in which implicate an employer of discrimination. If you feel as though you are being singled out or treated in an adverse manner at the workplace, it may be helpful to contact a Discrimination Lawyer. A Discrimination Lawyer might be able to gather all the facts of an employee’s situation and advise them whether or not their employee rights have been violated. 2. You need to know which law to sue under Say what? What do you mean which law? In discrimination matters, it is helpful to have a Discrimination Lawyer to assist an employee in choosing what body of law to sue their employer under. In discrimination cases, the employee who wants to bring a claim against their employer may have a choice of law. This sounds confusing, but basically there are laws and remedies available under state and federal law. The state and federal laws are similar in many ways, however where they differ can significantly impact the outcome of an employee’s case. For instance, under California state law, there is technically more possibilities for the enforcement of the employee’s right(s) and/or orders more penalties for an offender. In addition to relief, under state law, an employee may also have the advantage of more protection of their rights. It is also possible under state law to recover an endless amount of compensatory and punitive damages. This means that under state law, an employee suing for discrimination may receive compensation in the form of money for the damage caused by the employer and/or money awarded to the employee in order to punish the employer for their unsavory actions. Aside from the possibilities of relief an employee may have under state law, unlike federal law, state law does not require that the employee obtain a unanimous jury verdict in order to be successful in their claim. In other words, the employee suing under state law does not need to obtain the complete agreement of all jury members in order to receive an award. Although state law seems like the way to go, there are many factors and circumstances that need to be taken into account for each individual case. This is again why a Discrimination Lawyer plays an important role in the employer’s potential claim. If you or someone close to you is contemplating a discrimination claim against their employer, it would be beneficial to find a Discrimination Lawyer who offers free consultations and no up-front costs. 3. You need to know if you have more than one claim If an employee has a discrimination claim against their employer, chances are there are other claims in addition to the discrimination claim. It may not be obvious to the employee as to what other claims may be tacked on to their discrimination claim, but a Discrimination Lawyer may be able to examine the facts of the case and find that the employee’s rights were violated in more ways than one. For instance, an employee may have complained about being discriminated against and as a result, the employee was punished. The punishment may come in the form of depriving the employee of their employment benefits, not choosing the employee for promotion even though they are qualified, cutting the employee’s hours, reducing the employee’s pay, or even demoting the employee. These types of punishments that follow a complaint may give rise to a retaliation claim in addition to the discrimination claim. Another type of claim that may be added to a discrimination claim is a claim for wrongful termination. This is where an employee was fired because of an illegal reason. An illegal reason may very well be discrimination. In other words, an employee may be fired from their job because he or she belongs to a protected class or possesses a protected characteristic. In addition, an employee may be fired for complaining about something illegal such discrimination which is also considered wrongful termination. Lastly, an employee may add on a failure to prevent discrimination claim against their employer. Employers are obligated to take reasonable and preventative steps to foster a discrimination-free work environment. Therefore, if an employee has established a discrimination claim then it is likely a failure to prevent discrimination claim would accompany that allegation. If an employee made a complaint about being discriminated against and the employer did not take any steps to prevent future occurrences from taking place, then that also may demonstrate that an employee has a failure to prevent discrimination claim. By hiring a Discrimination Lawyer, an employee may have the facts of their case analyzed and from there, it may be determined whether or not other claims may be added to the particular client’s case. A Discrimination Lawyer who has worked on many discrimination cases and has a high success rate in those particular cases would be the leading type of lawyer an employee should hire.

Do you know what is the 3 reasons why an employee needs a discrimination lawyer? discrimination in the workplace is prohibited by law and in civil law, an employee may be able to bring a suit against their employer for discrimination. But in order to know whether or not an employee has a claim, how he or she should go about their case, and whether he or she has additional claims are questions a Discrimination Lawyer is usually able to answer. There are many reasons why an employee would need the aid and guidance of a Discrimination Lawyer, but there are three important reasons worth listing.

You need to know if you were actually discriminated against

The list of classes and characteristics that are considered protected by the law is extensive yet the details of that list are not what people believe it to be. For example, an employee may know that age is a protected class, however, he or she may be unaware of what parameters the law has created to regulate discrimination against employees of a certain age such as what age groups are considered protected and what behavior is considered as ageism. Discrimination takes on many different forms and can be carried out in different ways. Even if an employee feels they are being discriminated against it is a job for a Discrimination Lawyer to hone in on the damning facts in which implicate an employer of discrimination. If you feel as though you are being singled out or treated in an adverse manner at the workplace, it may be helpful to contact a Discrimination Lawyer. A Discrimination Lawyer might be able to gather all the facts of an employee's situation and advise them whether or not their employee rights have been violated.

You need to know which law to sue under

Say what? What do you mean which law? In discrimination matters, it is helpful to have a Discrimination Lawyer to assist an employee in choosing what body of law to sue their employer under. In discrimination cases, the employee who wants to bring a claim against their employer may have a choice of law. This sounds confusing, but basically, there are laws and remedies available under state and federal law. The state and federal laws are similar in many ways, however where they differ can significantly impact the outcome of an employee's case. For instance, under California state law, there is technically more possibilities for the enforcement of the employee's right(s) and/or orders more penalties for an offender. In addition to relief, under state law, an employee may also have the advantage of more protection of their rights. It is also possible under state law to recover an endless amount of compensatory and punitive damages. This means that under state law, an employee suing for discrimination may receive compensation in the form of money for the damage caused by the employer and/or money awarded to the employee in order to punish the employer for their unsavory actions.

Aside from the possibilities of relief an employee may have under state law, unlike federal law, state law does not require that the employee obtain a unanimous jury verdict in order to be successful in their claim. In other words, the employee suing under state law does not need to obtain the complete agreement of all jury members in order to receive an award.

Although state law seems like the way to go, there are many factors and circumstances that need to be taken into account for each individual case. This is again why a Discrimination Lawyer plays an important role in the employer's potential claim. If you or someone close to you is contemplating a discrimination claim against their employer, it would be beneficial to find a Discrimination Lawyer who offers free consultations and no up-front costs.

You need to know if you have more than one claim

If an employee has a discrimination claim against their employer, chances are there are other claims in addition to the discrimination claim. It may not be obvious to the employee as to what other claims may be tacked on to their discrimination claim, but a Discrimination Lawyer may be able to examine the facts of the case and find that the employee's rights were violated in more ways than one. For instance, an employee may have complained about being discriminated against and as a result, the employee was punished. The punishment may come in the form of depriving the employee of their employment benefits, not choosing the employee for promotion even though they are qualified, cutting the employee's hours, reducing the employee's pay, or even demoting the employee. These types of punishments that follow a complaint may give rise to a retaliation claim in addition to the discrimination claim.

Another type of claim that may be added to a discrimination claim is a claim for wrongful termination. This is where an employee was fired because of an illegal reason. An illegal reason may very well be discrimination. In other words, an employee may be fired from their job because he or she belongs to a protected class or possesses a protected characteristic. In addition, an employee may be fired for complaining about something illegal such discrimination which is also considered wrongful termination.

Lastly, an employee may add on a failure to prevent discrimination claim against their employer. Employers are obligated to take reasonable and preventative steps to foster a discrimination-free work environment. Therefore, if an employee has established a discrimination claim then it is likely a failure to prevent discrimination claim would accompany that allegation. If an employee made a complaint about being discriminated against and the employer did not take any steps to prevent future occurrences from taking place, then that also may demonstrate that an employee has a failure to prevent discrimination claim.

By hiring a Discrimination Lawyer, an employee may have the facts of their case analyzed and from there, it may be determined whether or not other claims may be added to the particular client's case. A Discrimination Lawyer who has worked on many discrimination cases and has a high success rate in those particular cases would be the leading type of lawyer an employee should hire.

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10 Signs You Were Fired Illegally Based On Your Age

DO you know what is 10 Signs You Were Fired Illegally Based On Your Age? As of 2017, the average amount of years a person lives in full health in the United States is 79 and the average working American retires at age 66. The latest stats show Americans are capable of working and some do, work well into their later years, but are they afforded the same opportunities as younger employees?

Today, older individuals who are currently employed or are applying for a position remain at risk for becoming victims of unlawful hiring practices, which is considered age discrimination. For older workers who are currently employed, it makes sense that as younger individuals enter the job market, the older employees still remain in their current positions. This has the potential to tempt employers to trade them in for a new and shinier model.

Below is a list of signs a Discrimination Attorney would likely identify as discriminatory behavior in the workplace.

You were fired and you are 40 years old or older

If you're 40-years-old or older, that ticks an initial box in determining if you can sue your old boss for discrimination, but it's not that simple. Employment laws in California forbid discrimination from taking place in the workplace. Discrimination laws in the state do protect certain classes of individuals as well as particular characteristics an individual may possess and age is protected for employees and applicants who are 40 years of age. Keep in mind though, the age of 40 and older is not sufficient to protected age discrimination. In other words, employees who are 40-years-old or older do not have automatic special status that is protected by the law. But, an employee who was fired because of age and they are 40 years of age or older, that set of facts does give rise to a potential age discrimination claim. If age, specifically age 40 or older is in fact raised in the decision to terminate an employee, that is perhaps sufficient to establish age discrimination.

You were fired and replaced by someone younger

Amongst other facts, a key sign that you were fired based on your age would be if your replacement was younger than you. Specifically, the significance in age difference is the giveaway that you were discriminated against. So the bigger the age gap, the more likely it is that you can prove you were terminated based on your age. For example, Joe, a 52-year-old car salesman, worked for 13 years at a dealership. His employer fired him without reason and replaced him shortly after with a 27-year-old woman with the same if not less experience than Joe. Based on this set of facts, Joe could potentially prove that he was fired based on his age. Alternatively, let's say instead of Joe being replaced by the 27 year-old, he was fired and replaced by a 39-year old. Although Joe's replacement is still younger than he is, the age gap is not as significant as the one between him and the 27-year-old replacement. Joe may still have a claim, but his claim is stronger in the first scenario because there is evidence to support an inference that he was fired because of his age.

You were qualified for the position

If you were qualified for the position but were fired anyway, this could demonstrate you were fired because of your age and for no other reason. For example, if Beth, 43-years old, worked as a receptionist for a talent agency and was let go from her position. During her meeting with HR and her boss, she was told the company was going in a different direction and needed to hire someone with more experience. Soon after, Beth was replaced by a significantly younger employee who had the same skills, if not less than Beth. Here, Beth could use these facts to potentially prove that she was fired based on her age for two reasons: 1) she had the skills required for the position and they fired and replaced her with someone who did not have more skills than she had and 2) the employee who replaced Beth was significantly younger. Of course, it is also important to note again that Beth is 43-years-old so again she meets the initial element of age discrimination. Beth would likely need to have an Age Discrimination Attorney present some evidence showing her age was a factor in the decision replace her. An example would be if her boss made a comment along the lies of "we need young blood in this department" would suffice.

Your boss made comments or jokes about your age

Comments, jokes, remarks, or name calling in regards to age, made by an employer or a supervisor to an employee 40 years of age or older is considered discriminatory behavior. Name calling may include titles such as "Old fart", "Pops", or "Ole' goat". These nicknames used to reference an employee is considered offensive and directly attacks their age. Even jokes that may seem harmless to the teller are still considered discriminatory when commenting on someone's age. For example, An employee turns 50 and her boss says "you know you're getting old when the candles غير مجاز مي باشدt more than the cake". Here, this may seem harmless, but depending on the circumstances it could lead to contacting an Age Discrimination Attorney.

Other employees your age were also fired

If before or after you were fired from your job, you know of other employees whom were fired and who were also under the protected age, that may bolster your age discrimination claim because it establishes a pattern of discriminatory behavior.

You were treated differently compared to other employees

Some employers use certain tactics to discriminate against employees in more subtle ways such as treating them differently compared to other employees who are under 40 years of age. Although subtle, they deliberately play favorites and purposely treat the older employee(s) in a disadvantageous manner.

Your employer made changes or additions to the company policy to push you out based on your age

Leading up to your termination, if your employer tried to create a divide between your age and the rest of the employees who were younger by characterizing you as belonging to a certain age group, that may be considered discriminatory. Another example would be if the employer actively took steps to keep you from obtaining employee benefits or promotion opportunities.

The decision to fire you was specifically motivated by age

This may be demonstrated through making it a company policy to force employees to retire at a certain age. Another example would be if an employer fired an employee because the company insurance policy would غير مجاز مي باشدt more to cover the employee because of their age.

Things got worse after you made a complaint

Let's say before you were fired, you noticed you were being singled-out based on your age and you made a complaint to HR. Soon after you complained you were demoted to a lower paying position or even fired. This would be a form of retaliation because you made a complaint about unlawful behavior and in response your employer essentially punished you. Showing that you were retaliated against for complaining of being singled out based on your age may strengthen a claim for age discrimination.

Your age was the reason given for firing you

Although it may seem obvious, it is important to note that if an employer fires you specifically because of your age, that is age discrimination. However, you must prove the main reason you were fired was because of your age. For example, if you were late several times to work, were caught stealing office supplies, you lied on your time-card, and your boss said: "Get your old غير مجاز مي باشدgy butt outta here, you're fired grandma!". Here, yes this employer may have an issue with your age and made offensive comments regarding your age, but it may not be considered the leading cause of your termination. Alternatively, if your boss sat you down and told you "I can't keep you on the team, we need a more youthful perspective on the project and you are just too old", that is an example of age being the direct or leading cause of your termination

If you feel you have been discriminated against based on your age call an Age Discrimination Attorney to discuss your potential claim.

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3 Issues Employees May Run Into At Work

3 Issues Employees May Run Into At Work

Employees today may come across certain issues at work that may lead to mistreatment and ultimately loss of their job. But are the situations in which the employee finds himself in legal and do they have rights in filing a claim against their employer thereafter? A Discrimination Lawyer or a Sexual Harassment Lawyer may be helpful in these types of situations, especially when it comes to wrongful termination. Below are some issues in which an employee may come across and should know about.

1- You may be discriminated against because you have a disability

The State of California has laws that govern the way in which employees with disabilities should be treated at work and what rights they are entitled to. The laws are fairly complex, however, and when an employee with a disability is arrested, many legal issues may arise. Disability discrimination is a type of discrimination in the workplace that is prohibited by law and every employer should have an anti-discrimination policy in place at their business. Although there are laws in place, employers do not always comply with them, resulting in such legal issues as wrongful termination and / or disability discrimination.

What is required of an employer? An employer has the duty to provide a working environment that is free from hatred and / or discrimination. In addition to ensuring a safe working environment for the employee, the employer also needs to provide reasonable accommodation for those employees who have a disability. Reasonable accommodation includes, but not limited to, adjusting shifts, providing a tailored work schedule, providing customized work equipment such as ramps or well-lit areas, and also placing the employee in a position that is compatible with their capabilities.

A Discrimination Lawyer is the type of legal professional that employees should contact if they have been fired because they have a disability or because their employer has failed to provide reasonable accommodation.

2- You might lose your job over a sexual harassment issue

Sexual harassment in the workplace is prohibited by law and employers are required to have a zero tolerance policy on sexual harassment within the workplace. However, if an employee makes a complaint about sexual harassment and they experience an adverse treatment thereafter, there may be a possible wrongful termination case. For example, Susan worked as a receptionist at a dental office. Her supervisor Chris often made inappropriate comments to her about her breasts and buttocks which made her feel very uncomfortable on a professional as well as a personal level. Susan was not interested in pursuing a relationship with Chris but she was afraid to tell him because she was her supervisor. Instead, Susan called a sexual harassmenthotline that was provided to her in her employee handbook. She was told by the Human Resources representative to allow the department to conduct an investigation. A few days after she made the complaint Susan was told by her head manager that the company no longer had a position for her due to budget cuts. Here, although Susan's manager was allowed to leave her for that reason, she may still have a claim against her employer. In looking at the timeline from when Susan complained to her when she was let go, she may have indicated that she was let go because she was being retaliated against. This means Susan was fired because she reported the sexual harassment and as a result she was punished by being let go. This may allow Susan to file a claim against the dental office for retaliation, wrongful termination,

This is only an example of a possible wrongful termination of a case due to sexual harassment and retaliation. There are many other ways in which the same claim (s) may arise, but based on totally different facts. That's why a sexual harassment lawyer is the best type of attorney to call to discuss your potential case. If sexual harassment occurs within the workplace, the employee should report it immediately. If a complaint is brought to the employer or the Human Resources Department, all communications, interviews, and statements need to be documented. This shows that the complaint was considered and demonstrates how it was handled by the employer or Human Resources Department. Again, if you are unsure if you have a case,

3- You may be fired for taking a leave of absence

Some employees need time to take a leave of absence. If the employee has been ill, the employee has suffered a significant injury, the employee is called for military service, or perhaps the employee must take the leave for the birth of a child for the placement of an adopted child. Every situation has laws that govern the way in which employers are to give the employee leave. These laws are rather complex and require the assistance of a lawyer. A Discrimination Lawyer or a Sexual Harassment Lawyer may still be able to provide legal advice on leaves. Never decide on your own that you do not have a case. Contact A Discrimination Lawyer or Sexual Harassment Lawyer to discuss whether you have the right to take a leave of absence. You may be entitled to recover for wrongful termination.

Should an employee find himself or herself in a situation involving sexual harassment, retaliation, disability discrimination and / or wrongful termination, the employee should contact an attorney. A Discrimination Lawyer or a Sexual Harassment Lawyer are the types of legal professionals who handle the wrongful termination cases and can provide useful information on how the employee may be able to recover. Many claim crossover, therefore, it is always a good idea to ask a Discrimination Lawyer or a Sexual Harassment Lawyer if you have multiple claims against your employer. Make sure to contact a law firm that offers a free consultation.

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3 Forms of Sexual Harassment You Need to Know

3 Forms of Sexual Harassment You Need to Know

Many questions arise when an employee has issues at work that may be harassment related. Can I sue my boss for being mean? Is it legal for a manager to be a bully? How do I know if I am being harassed at work and what rights do I have? Do I have a sexual harassment claim? Is name calling considered harassment? What if I am afraid to make a complaint against my boss? Should I make a verbal or written complaint about the harassment? Is gossip considered harassment? What kind of lawyer handles harassment in the workplace? What if I feel unsafe at work? When these questions are raised by a frustrated employee seeking answers, an Employment Attorney is a type of lawyer that handles cases where employees need representation in claims against their employer.

Gossip can be a form of sexual harassment

Unwanted touching and cat-calling are not the only ways sexual harassment can be exercised. Spreading rumors is a form of sexual harassment. The spreading of rumors can be by the harasser himself or herself or the rumors can be about the employee and the harasser but spread by other employees. The main issue is that an employee has the right to work in an environment that is free from harassment. If gossip is going around the workplace about the employee that is of a sexual nature, this may be considered as a form of sexual harassment. For example, Clark was a barista at a coffee house. Upon Clark's first day of work, he began enduring sexual advances made towards him by his shift manager Tina. Often Tina would express her feelings for Clark through her body language by making suggestive movements with her hands and mouth. On other occasions, Tina would humiliate Clark in front of his coworkers by making comments such as "see you at home honey" and "I want to have your babies". After witnessing this behavior from Tina, Clark's coworkers began teasing him about his "love Goddess Tina" and would frequently hoot and holler at the two of them when they had shifts together. The gossip in addition to the harassment he was experiencing from Tina interfered with Clark's work and caused him major anxiety. He called the Human Resources Department at the coffee house headquarters and made a formal complaint about his uncomfortable predicament at work. In this scenario, Clark's employer would need to correct the issue by conducting an investigation and take reasonable steps to discontinue the sexual harassment caused by Tina as well as the rumors and teasing caused by his coworkers. If the harassment continued and nothing was done to stop the harassment from continuing, Clark may have a claim against his employer.

Certain types of favors can be considered a form of sexual harassment

"I'll scratch your back if you scratch mine" is a common saying that just means an exchange of favors, but sometimes certain favors offered in the workplace are considered unlawful.

A sexual quid pro quo offer is a type of harassment. A sexual quid pro quo offer is identified through an offer made by an employer to an employee which entails sexual favors in exchange for employee benefits. For example, an employer may offer an employee better hours if the employee agrees to go on a date with the employer. Here, although this may seem rather tame, this type of behavior is not to be taken lightly because it is a form of sexual harassment especially when it is unwelcome, This form of sexual harassment is not only demonstrated through an offer of employment benefits, it can also be an offer for a sexual favors in exchange for job security. This type of "exchange" may come off as a threat. For example, an employer may tell an employee that they will "let them" keep their job if the employee agrees to have an intimate relationship with the employer. In that scenario, this kind of "offer" may also be considered a form of sexual quid pro quo and therefore may be sexual harassment.

In taking into account all of the facts, an Employment Attorney would most likely be able to identify whether or not an employee was a victim of sexual harassment by means of sexual quid pro quo.

Touching, leering and body language may be a form of sexual harassment

Identifying sexual harassment can be a grey area because it can be somewhat subjective. Feeling uncomfortable can be used as a guide in the first few steps in identifying sexual harassment. Touching, leering, and certain body language in certain situations can be considered as a form of sexual harassment when it is unwelcome. For example, an employee may experience certain unwanted behavior towards them by another coworker such as back massages, hugging, or grabbing. Also, the employee may be subjected to the coworker making inappropriate gestures such as blowing kiss or winking. Even leering may be considered a form of sexual harassment in certain contexts. Acting out certain sexual acts in the presence of an employee may also be considered a form of sexual harassment. Again, the behavior and the context of the behavior are essential in deciding whether to file a claim against an employer.

In conclusion, note that there are different laws of State law and Federal law that regulate harassment. Keeping this in mind, sifting through what laws pertain to your claim is a job best suited for an Employment Attorney who handles harassment cases. Employees have the right to work in an environment where they feel safe and should not have to worry about feeling like they are being violated via forms of sexual harassment. An Employment Attorney may be able to shed light on a situation that may seem complicated and overwhelming. Call an Employment Attorney that offers free consultations like Stevens & McMillan. Every case has unique facts which is why an Employment Attorney endeavors to specialize in sexual harassment cases. An employee who feels uncomfortable in their workplace should provide the Employment Attorney with as much information as they can in order to obtain quality legal advice.

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What is Women’s Rights in the Workplace?

Do you know What is Women's Rights in the Workplace? "We hold these truths to be self-evident, that all men are created equal." These word's that are located in the United States Declaration of Independence are strong and powerful, but when taken literally they leave out a crucial point. What about the women? Throughout the years it has been a struggle for women to rise and be seen as an equal with their male counterparts in the home and work life. President John K. Kennedy said regarding discrimination, "Difficulties over segregation and discrimination exist in every city, in every state of the union, producing in many cities a rising tide of discontent that threatens the public safety."

Their rights have been suppressed by letting them be allowed from certain areas of employment to not receiving equal pay and benefits just because of their gender. Although the opportunities that women can pursue compared to men has improved and increased over the years, discrimination is still a large problem in the workplace. In 1964, the law named Public Law 883-52 was passed by Congress that would no longer allow discrimination "based on race, color, religion, sex, or national origin" when "hiring, promoting, and firing" of workers.

When Congress first brought this bill to be passed, a representative known as Howard Smith who was a Democrat from Virginia, added this word arguably to no longer get the bill passed. It is interesting and showing that a large moment in the women's rights wasn't even originally passed for their best interest. Instead, women's rights and issues were used as a political battlefield. Title VII of this bill which provided equal employment opportunities to individuals who are seeking employment prohibited against discrimination on the basis of sex and race subsequently created the Equal Employment Opportunity Commission (EEOC) as well.

This act, title, and commission were very large monumental stepping stones for the promotion of women's civil rights and equality, but the fight is far from over.

There are thousands of sex discrimination claims in the workplace filed every year. Looking back to when this law was in its infancy every single claim that was filed between 1964 and 1966 had been ruled against the women who filed the claim.

This raises the large question of has anything improved from then to today? The enforcement of Title VII has gone through the court system countless times, and in every instance, that title has gotten stronger. The enforcement has been able to provide more protection to women, but the largest battle has also been changing the mindset of women and discrimination as well. Women who are thought to be ambitious are also described as selfish and cold. Women in careers who show aspirations of having a family are automatically stereotyped as not wanting to pursue or continue their careers as well. Title VII protects women from being discriminated against regardless of where they are in their family life, or what their family planning might be in the future. A woman cannot be discriminated against for being pregnant, have young children, or a possibility of future pregnancy. For example, women who had young children who yet were yet at a school attending age were protected from employment discrimination unless the employers established the same rule for men as well.

Women in the sixties were fighting for many issues that are similar and different than what women are fighting for today. This goes to show that the discrimination issue is constant and every adapting. In the sixties, women were fighting to be able to obtain degrees and enter fields that once were not allowed to them. While women today are fighting for equal pay and promotions as well. Women are a considerably large portion of the modern-day workforce, however, in the same position with the same criteria as men earn on average twenty percent lower.

The wage gap has been a large controversial issue that should not be ignored. It seems that most aspects of employment were kept from women at some point, and they have to continue to fight for equality on every detail. The Title VII has been historical because it now provides a legal precedent that individuals can use to build upon for substance of their legal fights. In the 1980's the federal courts prohibited sexual harassment under the Act stating that sexual harassment is sexual discrimination.

Also, there is a foundation and legal path that women can continue on, it all began with this trailblazing act in 1964 and the individuals who passed it. One thing that has been shown over history is that women will not stop fighting or back down until equality is achieved.

Despite all the current challenges that take place over the years and today, the Civil Rights Act of 1964 with Title VII is important for every person. This Act has provided women with the positive changes that have pushed them towards no longer being discriminated against because of their gender. Better yet, it provides legal protection against that discrimination. While the legal standing of discrimination is much more substantive than 50 years ago, discrimination is still existing and women are still being suppressed in the workforce. While this fight is strong, it will probably never fully be won and will exist in some form. What should now be don't to help provide protection of equal rights under the law? By continuing to back Title VII and creating a strong precedent, discrimination will be harder to get away with legally. The Federal Government should also continue to work with state and local governments to enforce and create local laws that protect against infringing on these rights. Continuing to pursue legal rights of women and the discrimination of sex will help fight this issue to every extent possible, and will provide everyone with the opportunities and rights they deserve.

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3 Forms of Discrimination You Didn’t Know About

3 Forms of Discrimination You Didn't Know About

The State of California is full of employment opportunities and chances to improve your quality of life by obtaining the job that is right for you. The sun-kissed state is marveled for numerous reasons, but for employees and applicants, it truly stands out for the many laws which protect individuals in the workplace. In California, it is unlawful to discriminate against employees or applicants based on belonging to a protected class. A protected class means race, religion, sex, gender, age, national origin, color, marital status, medical condition, gender identity/expression, and or military or veteran status. If you belong to one of these classes or possess certain characteristics of one of these classes, you are protected by California State law from being discriminated against based on belonging to the particular class or having one of the characteristics. This article discusses three forms of discrimination that may not seem obvious to the unfamiliar employee or applicant and with this knowledge and the guidance from an Employment Lawyer, you might be able to identify if you have a case.

Exclusion From Training

An employer who chooses to exclude an employee or applicant from training that may lead to employment, advancement, or an internship opportunity just because the employee or applicant belongs to a protected class, may be engaging in illegal business methods.

For example, Jim, a 25 year old male, who had a passion for working in retail and fashion, was seeking a job in the particular industry. Jim found a listing online to apply for a sales position at a women's lingerie store in which offered training. He went into the store to hand in his application. When Jim arrived, he asked to hand in his application to the manager. While waiting to meet the manager, Jim noticed that all employees on site were female and on the employee backroom entrance a sign read "Girl's Club". Feeling self-assured in his communication skills and his unique resume, Jim did not let the feminine environment shake his confidence. The manager Susan, who was also female, took one look at Jim and said: "I'm sorry, but we are only considering female applicants, there is no room for a man in this place". After Jim was denied consideration for the training that would lead to employment, a female applicant with the same qualifications as Jim applied and was selected for training. Here, it would seem that Jim may have been discriminated against based on his gender which is a protected class. Overall, it would appear that Jim was refused consideration for an employment opportunity based purely on the fact that he was male. This was demonstrated through Susan the manager's comment that the store was only hiring females and that they did not want any men at the establishment. In addition to Susan's comments, the fact that all current employees were female on-site and the sign on the employee door that read "Girls Club" are strong indicators that the store has a pattern of engaging in unlawful practices of gender discrimination. Lastly, the fact that the store hired a female employee who had the same qualifications as Jim strongly suggests that he was passed over for an employment opportunity based on his gender. Therefore, in gathering all of this information, Jim might have a claim for gender discrimination against the lingerie store.

If an employer decides not to select a particular employee or applicant to pursue training that may lead to additional employment opportunities solely based on the fact or presumption that this employee belongs to a protected class, this may be a form of discrimination. Speaking with an Employment Lawyer would shed further light on a situation that may be similar to Jim's issue.

Preventing Success, Progress, or Advancement

An employer may be considered as engaging in illegal practices if it hinders an employee's career from flourishing because the employee is a member of one of the protected classes recognized in California. It is against the law for an employer to discriminate against an employee by means of unfair treatment, depriving the employee of advancement, benefits, and or preventing an employee from employment privileges.

In order to bring a claim for discrimination in the workplace via adverse treatment, the employee must provide evidence that the treatment which he or she endured was both substantial and detrimental. But what does this mean? This means the employee has to show that the employer treated him or her in such an unfair manner that would likely significantly debilitate a reasonable employee's work achievement and or functions in the same way. This means that the way in which the employer prevented the particular employee from carrying out his or her duties would also have impacted a reasonable employee in the same way. In other words, it did not affect them in a trivial way, rather it effected the employee substantially. So if an employee is merely annoyed or disappointed with the way in which he or she was treated, he or she would most likely not have claim in discrimination via preventing success, progress, or advancement.

Again, an Employment Lawyer would need to analyze the facts of the particular case in order to decide if they should pursue legal proceedings.

The Little Things Can Add Up

As previously mentioned, an employee might not have a claim if the adverse treatment which they endured merely annoyed them, the treatment must significantly cause damage or disrupt the employee from doing his or her job. However, an employer's unfair treatment of an employee although minor, if it is frequent, may in fact end up being substantial. For example, Linda, an employee at an insurance company, was open about her same-sex marriage to her partner Beth. Linda had been working at the company for three years and felt comfortable having her framed wedding photo of her and Beth on her desk. A new manager, Lisa was hired to oversee Linda's department. Lisa saw the picture on Lisa's desk and reprimanded her for having "obstructions in her workspace", even though other employees were not reprimanded for having family photos on their desk. A few weeks later, Lisa had Beth transferred to another desk, which annoyed Linda but she complied. Days after her transfer, Lisa accused Linda without evidence of falsifying her time sheet and had her suspended from work for two weeks, which damaged Linda's career working in insurance. No other employees were treated the same as Linda by Lisa. Here, these occurrences may add up to Linda having a sexual orientation discrimination case against her employer, especially because no other employees were treated the same as Linda, and Linda was singled out because of her sexual orientation.

An Employment Lawyer would look at all the incidences that accumulated against an employee to decide whether there is a discrimination case at hand.

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4 Reasons Why Age Discrimination Lawyers Are Necessary

Age discrimination is being overlooked

Discrimination in the workplace is the impetus of fear for new applicants when applying for jobs in superficial corporate America. Applicants with names that are laced with the negative stigmas of a racial minority existence are left perplexed and fearful of being rejected by a prospective employer prior to even being extended an invitation for a formal interview solely based on prejudices invoked by their ethnic sounding names. Job-seekers within the LGBTQ community are troubled by the thought of appearing for an interview and being judged harshly by the interviewer as an immediate reaction to their seemingly insufficient level of conformity to societal norms. Race, sex, and religious forms of discrimination have been the focal point for present day social and political protesters. Issues concerning the aforementioned topics of discrimination have historically plagued the job-hunt and sabotaged promotion opportunities for a myriad of American citizens. With these issues of discrimination in the forefront, we may find it somewhat easy for one to overlook forms of discrimination that may occur against the nation's elderly population.

Age discrimination impacts not only the employee but also their families

With the average American Life-span expanding into later years, more employees are remaining in the workforce. With this in mind, many of these employees have children later in life and therefore their families depend on them financially. For example,

Growing up in a single parent household, Tammy and her sisters and depended on their mother to provide consistent financial stability. It never crossed their minds that sexism, racism, and/or ageism could creep into the hiring process, and hinder their mother's ability to provide that financial security that they sought from her. During the junior year of Tammy's undergraduate studies, her mother was terminated from her job of ten years. It was during the period of her job search that Tammy discovered the extent of her mother's concern for discrimination during the hiring process. As Tammy attempted to comfort her worries, Tammy's mother exclaimed "…it's easy for you to be calm, because you're young. People will hire you in a heartbeat". Immediately Tammy realized that it was not the possibility of being under qualified for the job postings that worried her, but it was the constant fear of being discriminated against because of her old-age and lack of youthfulness that triggered her apprehension. The complexity of her present situation forced her to consider the potential for unwanted strain and hardship caused by an inability to manage and fulfill all of her responsibilities. Worry endlessly circulated through her mind as the gravity of having to singlehandedly maintain the household bills and welfare of her children weighed down on her tense and stressed shoulders. Tammy understood her reluctance towards returning to the applicant pool in her mid-forties, as well as, the perplexities surrounding the undesirability she imagined would plague her image during her attempts to gain employment. As her daughter, it was extremely disheartening for Tammy to see the usually confident, smart, and courageous woman whom she so vastly admired become so dispirited by this circumstance.

Age discrimination laws need to be litigated by an Employment Lawyer

When the feelings of pessimism and rejection consume a job applicant during their job search

anti-discrimination Acts like The Age Discrimination in Employment Act (ADEA) need to be enforced by Employment Lawyers. The Age Discrimination in Employment Act (ADEA) "…is a federal law that protects workers and job applicants age 40 and over from age-based discrimination in all aspects of employment." Encouragement can be felt by a number of aging Americans in the market for a job or currently employed knowing that the federal law is on their side in the workplace. Notably, Section 4 Clause 1 of the ADEA prohibits employers from discriminating against someone solely based on age. With further analysis of this clause by an Employment Lawyer it is equally important to note that the term "all aspects of employment" is not narrowly tailored to only protect from discrimination during the hiring process, but the ADEA ensures that "an employer may not fire, refuse to hire or treat an employee differently than other employees because of age". The protection of this law does not conclude with the applicant's ability to obtain a job, but it continues to protect the employee throughout the life of their employment. This aspect of protection is further dissected and thoroughly defined in the opinion of the case by District Judge Robert Taylor in his ruling of James G. Gill v. Union Carbide Corporation. Taylor states that "The purpose of the Act under which this action was instituted is to promote employment of older persons based on their ability rather than their age; to prohibit discrimination on account of age; and, finally, to aid workers in meeting the impacts that come with age. 1 Section 623(a)…". His analysis of section 623(a) of the ADEA forces the reader to consider the significant impact that age can have on one's ability to perform job-related duties that were much easier to execute in their youth. Furthermore, this clause of the Act makes it a necessity for the employer to provide adequate accommodations for an employee to aid them in successfully fulfilling their work-related obligations. Again, in order to have these rights enforced if they are violated, an employee would need to have an Employment Lawyer represent them in their case against their employer.

The facts of each case are unique and need the close analysis of an Employment Lawyer

The laws that regulate age discrimination vary in their application because they are mainly based on behavior, therefore an Employment Lawyer is needed for analyzing the unique facts of a case.

The anti-discrimination laws for age are established to regulate adverse patterns or behavioral trends that previously occurred on a more consistent basis. These adverse patterns and/or behaviors have or can in some way, shape, or form inflict harm on another human being. To focus on numbers and productivity instead of appreciating the human being that is working diligently to produce the product, then to subsequently devalue elderly employees and prospective applicants are unethical and appalling. Cases in which an employer chooses to fire an employee based solely on their aging status, and not on their lack of work ethic are morally wrong and corrupt. Furthermore, refusing to promote, hire, or professionally consider someone as a consequence of their age is equally immoral.

Aging is a part of life, therefore, a culture in which an aging person is afraid of not being able to provide for themselves due to their undesirability in the workforce in unaccepted. Idealistically longevity in a position should demonstrate to an employer that an employee is reliable, dedicated to the company, and (more than likely) encompasses a wellspring of knowledge about the company. An individual with this set of characteristics is clearly an asset to a business and not a burden. The fear that can overcome any employee over 40 that the thought of re-entering the applicant pool while over the age of 40 is a feeling which no American should have to endure. Knowing that the lawmakers of this nation see the value in workers aged 40 years and above should provide a sense of comfort for individuals that find themselves in predicaments. The ability to provide for yourself and/or your family is a luxury that should never be compromised by judgmental ideologies of what it means to be "useful".

If you have an employment situation that involves issues with your age, you should reach out to an age discrimination Lawyer.

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

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

Currently, a majority of employees in California struggle with work-life balance. An individual may be striving for that promotion at work, finding time to go to their kid's soccer game, praying they will finally pay off their student loans, and still finding a moment to hit the gym so they can stay in good health. The average Californian tries to do it all. But what happens when a serious illness gets thrown into the mix for the employee himself or an immediate family member? Or, what if an employee is injured and needs surgery which will require time off from work to recover? More importantly, what if you take a leave of absence and as a result, you are fired? A leave of absence resulting in a termination might mean you were fired for an illegal reason. An Employment Lawyer is the type of lawyer who handles these types of situations. If you are thinking you may need an Employment Lawyer, here are some points to consider that you may not have known.

The number of people you work with may be important

It seems odd, but the number of people employed by the organization or company you work for may be a significant factor in whether you have a leave of absence claim. There is a 50/75 rule which means there need to be 50 employees at your job-site, or 50 employees within a 75-mile radius of your job site. For example, you may work for a company that only has 20 employees in your building, that means you don't meet the 50 employee standard. However, if the company has another branch 25 miles away from your job-site and has 30 employees on-site, that may suffice to meet the requirement. Here, the 50/75 rule is likely met because the branch is within the 75- mile radius requirement and adding the branch's employees equals 50 employees total.

It is important to note that the 50/75 rule does not apply to an employee who takes pregnancy disability leave.

Being sick or injured isn't the only type of recognized leave

Aside from taking time off for their own illness or injury, an employee may take leave to care for a member of the family who is seriously ill. Also, an employee may take a leave of absence because they are pregnant or for the initial receiving of an adopted or foster child.

Your leave may last up to 12 weeks

As an employee, you may have the right to take up to 12 workweeks for your leave of absence. The 12 workweek leave is permitted in a 12 -month time frame. Keep in mind though, your employer has some discretionary power on how the 12-month period is measured. For example, an employer can decide to measure it as a calendar year instead of measuring the 12- months starting on the day the employee took their leave.

You get the best protection the law provides

There are multiple statutes that overlap and provide protection for an employee's right to a leave of absence. Although multiple statutes covering leave complicates the process, the good news is that an employee who has taken or needs to take leave is entitled to utilize the statute that provides the best protection and most rights for their particular circumstances.

Your employer can give you more time off than the law requires and you can hold them to it

Your employer has to meet certain standards the law sets out for providing leave to employees. But, if your boss is generous, he or she is entitled to exceed those standards and you may be able to enforce what they promised. For example, Brad is an employee at a marketing agency and takes a medical leave to have corrective surgery on his shoulder. Even though he was entitled to 12 weeks of medical leave by law, his employee handbook states that he has 14 weeks. After he took 14 weeks leave for his surgery his boss replaced him and told Brad they no longer had a position for him at the agency. Here, even though by law was only entitled to a 12-week leave, because he was promised 14 weeks in the employee handbook, he may have a claim against his boss for violating the company's own standard.

In most situations, you can't be replaced or demoted

If you take a medical leave of absence that is covered by the law, you are entitled to have your original position restored back to you or another position that is equal. For example, Tammy was a full-time employee at a multinational package and delivery company working in the financial accounting sector. She took a leave of absence to care for her child because he was suffering from a serious illness. Upon Tammy's return, the head supervisor of the department told Tammy he had to replace her and now she must work in customer service as a customer service representative. Tammy was devastated by this news because this meant a huge pay-cut for her in comparison to her position in finance. In addition, she was over qualified for the new position. Here, not only was Tammy replaced, she was moved to a position that was considered a demotion from her original position and it was not equal in pay or department. Tammy might have a claim against her employer for violating her right to take a leave of absence to care for her son.

There is an exception if the employee taking leave or did take leave was in a significant position such as a CEO or was high-up in management. In a situation such as this, an employer may not be required to hold the employee's original position.

7. You can't be fired or demoted because you took a leave of absence

After requesting or insisting for leave of absence or taking a leave of absence, your boss can not demote you or fire because you took the leave. By mistreating you, singling you out, demoting you, or transferring you after you put a request in for taking a leave of absence may indicate retaliatory behavior. This basically means your boss is not allowed to punish you or make your job more difficult specifically because you took a leave of absence. This may be considered retaliation which is prohibited by law in California.

In taking all of these points into account, if you have an employment situation that involves issues with you taking a leave of absence, you should reach out to an Employment Lawyer.

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Employment Attorney

Call a wrongful termination lawyer to be aware of Holiday or paid time Away in California

To know about workers right ask a wrongful termination lawyer

3 Reasons Why an Employee Needs a Discrimination Lawyer

10 Signs You Were Fired Illegally Based On Your Age

3 Issues Employees May Run Into At Work

3 Forms of Sexual Harassment You Need to Know

What is Women’s Rights in the Workplace?

3 Forms of Discrimination You Didn’t Know About

4 Reasons Why Age Discrimination Lawyers Are Necessary

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

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