Employment Lawyer

Call a wrongful termination lawyer

age8

 

Learn the California guidelines on hints, trick credits, tip pooling, and much more.

Workers early more in reality, some life of workers in California do, for example, individuals that wait tables, function and mix beverages, open doors, carry bags, clean hotel rooms, or offer different solutions, from moving furniture into delivering papers. tips from happy clients than in direct wages paid by their companies.

  California law is quite protective of workers, therefore state laws generally trump federal legislation on hours and wages.

Here's everything you want to learn about California legal protections for workers who receive tips.  Tip Basics

age 5

 

 Under California law, an employer can not take any component of a suggestion thas left for a worker. It follows that you carefully be prepared to discuss your advice with the owners, supervisors, or managers of the company.

 Must Pay Workers Employers At The California Minimum Wage For Every Hour Worked, Along With The Workers Get In The Tips To Make Up The Gap. Some Suggestions, They Could Get .. (You Can Locate The Current Minimum Wage In Our Post About California wage and hour legislation.

Tip Pooling

But, California companies must follow specific guidelines so as to produce a valid suggestion pool.

To begin with, only certain employees could be included in the chain of service that contributes to a hint from a certain customer. The 1 exception to the chain of service principle is that managers and managers can not partake in the pool if they supply immediate table services.

age 4

 

Secondary, the hints to be a reasonable system for the worker, generally in proportion to the quantity of service the worker supplied to the client The California Department of Labor Standards Enforcement (DLSE), the agency But if it 's the supply is reasonable depends on the situation of each company and can be determined on a case-by-case foundation.

 

What Happens as a Suggestion?

If the client pays in a "tip." If the client pays in money and tipping is voluntary, whatever level the customer yields and above the fee for services or products (and tax) is a suggestion. a compulsory service fee or the client pays by credit card, then the principles may differ.

age 3

 

Mandatory Service Charges

A "service fee." The legislation generally considers this patron and the institution, not a voluntary endorsement of very good service by an employee. Many companies do not work anything, but 's the company' s alternative: Workers do not have any legal right to this money.

I am a part of such a fee the company pays to workers have salary, not hints. In other words, the employer must withhold and pay Social Security and Medicare (FICA) tax on those figures, may not claim imposing compulsory service fees completely.

For this sum to count as a hint as Opposed to a service fee, All these should be true:

The payment needs to be completely voluntary

The sum cannot be put by employer coverage or subject to discussion with the company.

age 2

 

The client should be able to ascertain who sends the payment.

Credit Card Charges

 

The wrongful termination lawyer would normally subtract a proportionate amount of the trick to pay the employee's share of this fee. 3 years commitment, the employer may law may remain less than the employee suggestion by 3 percent too. Under California law, the employer must provide the worker with the complete suggestion left by the client and cover the whole credit card processing fee.


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Call a wrongful termination lawyer to be aware of Holiday

age 9


 

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.
  

age7



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 coverages. Underuse - 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 the accrued holiday is considered earned salary, use-it-or-lose-it coverages 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 DLSE 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.
 

Age 2

 

 

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 employes 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 pers 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 employes 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 to 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.
  

employment-issues


 

 

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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know about wrongful termination lawyer

age8




Additionally, workers have the right to inspect and copy their citizenship documents. They are we've signed.  
Formally workers have the very same rights. They are also the same.
 

age6


 

 

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.
 

age5


 

 

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.

age4

 

 

 


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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8 Main Disability Discrimination Questions

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

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Top 6 Tips For Hiring The Right Employment Lawyer

Top 6 Tips For Hiring The Right Employment Lawyer

 
Top 6 Tips for Hiring the Right Employment Lawyer
 
Do you know what is the top 6 tips for hiring the right employment lawyer? Deciding to pursue a lawsuit can be a serious decision within itself but choosing who will represent you in your suit is an even greater choice. Employment law issues are usually handled in civil law. This factor merely narrows your search to lawyers who practice civil litigation. Where do you go from there? So many factors need to be taken into account in choosing an Employment Lawyer. Any firm or Employment Lawyer can put together a website but having a website is not the telltale sign of a good lawyer. Below are some points to consider in your search for legal counsel.
 
Top 6 Tips For Hiring The Right Employment Lawyer
 
 
  1. Who's side are you on?

Although there are many candidates in choosing an Employment Lawyer, it is imperative to select an Employment Lawyer who is best suited for your particular case. Firstly, you need to find out if your case is actually an employment case, meaning the issue pertains to something that happened at work or between you and your employer. Secondly, you need to figure out whether you need a defense lawyer on the employer side or a lawyer who represents employees on the plaintiff side. So if you are an employee, who needs representation in a claim against your employer, you will need an Employment Lawyer who works on the plaintiff side. If you are being sued by an employee you will need a defense lawyer.
 
Top 6 Tips For Hiring The Right Employment Lawyer
 
  1. This ain't my first rodeo

What is the nature of your case? The lawyer you choose needs to have experience in your particular claim. Employment law firms focus on certain areas of employment law. Some firms consider themselves a general practice. Other law firms have handled more cases in a particular area of employment law than other firms. Taking all of this into account, it is in your best interest to find an Employment Lawyer who has had experience as well as success in cases similar to your situation. For example, if you are being ***ually harassed at work you should seek an Employment Lawyer who focuses on ***ual harassment cases. If you are of a certain race and you feel that your boss picks on you and writes you up for bogus reasons because he does not care for your race, then you want to look for an Employment Lawyer who has handled many cases in discrimination law. Alternatively, you may need a wrongful termination lawyer if you reported illegal activity like patient abuse but as a result, your employer fired you from your job. There are also employment lawyers who exclusively fixate on wage claims which have to do with employee payment. Some lawyers have experience in leave of absence cases such as employees who take a leave due to a severe illness.
 
The laws that regulate employment law are vast, therefore you need to find a lawyer who has handled cases in the past that are similar to your case.
 
Top 6 Tips For Hiring The Right Employment Lawyer
 
  1. Get a free consultation

Because you are searching for the right lawyer for you, you should seek out firms and/or an Employment Lawyer who offers a free consultation. This means you get to go into the firm and have a sit-down with an actual lawyer to discuss the facts of your case without any fees attached to the service. This allows the lawyer to examine your unique circumstances and tell you whether or not he or she is confident you have a case. In addition, this face-to-face will allow you to decide whether you even want this particular firm or lawyer to handle your case. Lastly, visiting multiple firms that offer a free consultation will allow you to make a more educated decision on what firm you should choose.
 
Top 6 Tips For Hiring The Right Employment Lawyer
 
  1. Get more bang for your buck

No recovery no fee! Some employment law firms or employment lawyers offer a contingency fee for their service. This means that the Employment Lawyer will only charge the client if they win or settle the case. Firms that run their practice this way are diligent in their work for their client and will usually take on cases that they are confident about. This provides some security for you as the client in that you won't feel you are being taken advantage of in billable hours. Also, employment law firms that offer a contingency fee for their services recognize that some potential clients may not have the financial stability to hire an attorney but their rights as an employee in California have been violated and are entitled to representation.
 
If you are unsure if a firm offers no up-front fees, call and ask if the firm takes cases on a contingency base before you agree to come into the law office.
 
Top 6 Tips For Hiring The Right Employment Lawyer
 
  1. Are they a litigation practice?

 
Even if a law firm ticks a few boxes on your list, you should still be wary in that the firm may not be willing to take your case to trial. In employment law, not all cases go to trial, they settle. But if a case does not settle, the next step would be to go to trial and not all employment lawyers or firms are willing to provide this service, leaving your case unresolved. In order to avoid this from happening, before signing a retainer agreement you should ask the lawyer you are considering whether or not they are willing to go to trial if the case does not settle.
 
The legal representation in which you select needs to be committed to taking the case to trial if down the line it does not settle. This will help you to not waste your time with a lawyer who will leave your case unresolved and you having to hire new representation.
 
Top 6 Tips For Hiring The Right Employment Lawyer
 
  1. Don't be an eager beaver

 
As mentioned previously, deciding to pursue legal proceedings is not a trivial choice. Deciding to take legal action against a company or employer is a commitment for you as a client and a commitment for the lawyer whom you choose to hire to represent you. That being said, do not be eager to sign a retainer agreement online. Some firms may ask you to sign a retainer agreement online and with that there are risks. Signing a retainer online will deprive you as the client from having the facts of your case carefully considered by a lawyer.
 

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8 Things You Need To Know About Disability Discrimination

 
 
8 Things You Need To Know About Disability Discrimination
 
1- At the Federal and State level, discrimination against employees with disabilities is prohibited by law. Under the Federal law, the Americans with Disability Act (ADA) prohibits discriminatory actions taken by employers against their employees. The same applies at the State level in California and is regulated by the Fair Employment and Housing Act (FEHA). Amongst other recognized protected classes and or characteristics, employees with physical or mental disabilities have rights that protect them from being discriminated against based on their disability. Employees with disabilities in California have many rights under FEHA, however it is a matter of knowing your rights as a disabled employee in order to know you have a claim against your employer or organization who has violated those rights. Call a Disability Discrimination Lawyer to discuss this further.
2- An employee may have a disability discrimination case if they can show that they had a recognized disability, they possessed the skills and qualifications for the position they occupied at the time or applied for, they were subjected to adverse treatment in the workplace, and the reason for this treatment was based on their recognized disability. A Disability Discrimination Lawyer in your area is the professional to contact in this kind of situation,
3- Recognized mental disabilities under FEHA may include mental or psychological disorders such as learning disabilities, associated deficits and disorders, intellectual disabilities, organic brain syndrome, and/or emotional or mental illness. A recognized physical disability under FEHA may include any physical impairment by a physiological disease, disorder, condition, غير مجاز مي باشدmetic disfigurement, or any loss of control of the body. Physical impairments must affect the employee's body system as well as limit major life activity. Consider speaking to a Disability Discrimination Lawyer for more assistance.
4- The burden of proof is on the plaintiff, in this case, the employee, to prove that he or she has been discriminated against by the employer. In order to prove an employee has been discriminated against, the employee must prove that there was a causal connection between their disability and their termination, constructive termination or resignation from their position. This causal connection would demonstrate that the employee was terminated based on their disability. For example, an employee with a recognized learning disability is asked to sit for an exam for training purposes. This employee's particular disability required that he have a person read the exam directions and questions aloud to him. When the employee sent a formal request for this accommodation, the employer said they had to let him go because "this company didn't need the dead weight of someone who couldn't handle taking an exam without having someone read the instructions for them". Here, the employer's actions and words may be characterized as discriminatory because the employee's request for accommodation triggered the employer's decision to terminate his employment (Hoffman v. Caterpillar, Inc., 368 F. 3d 709, 2004 U.S. App.) Therefore, there is a direct causal link between the employee's disability and the decision to terminate. In this scenario the employee would be able to draw this link and have a potential action against the employer for disability discrimination under FEHA. For a clearer understanding of this contact a Disability Discrimination Lawyer.
5- If the case was to go to trial, the employee in this scenario would have to show that their disability was the substantial and driving force behind the termination.(Horsford v. Board of Trustees of Calif. State Univ. (2005)) Referring back to the employee with the learning disability, let's say prior to the employee's request for accommodation he had been caught stealing products from his job-site. Based on those facts the employer may argue that the reason for firing the employee was based on the theft. Therefore, the employee may not be able to prove that his disability was the substantial cause of his termination. Asking a Disability Discrimination Lawyer is the best way to pursue a disability discrimination case.
6- As mentioned previously, an employer's choice of words can be calculated to being discriminatory and contribute to the evidence that the employee was wrongfully terminated. An employer may choose to verbalize, or write words or make remarks that may be discriminatory. This could occur anywhere from being said in an email or in passing in the break room. In some circumstances the remark could be characterized as discriminatory even if the remark was not directed at the employee with a disability (Metoyer v. Chassman (9th 2007)) For example, referring the employee with the learning disability, prior to his termination his employer may have made jokes at the company Christmas party to other employees about "how lazy people with disabilities are". Here, even though this comment was made to another employee, the employee with the disability may present this as evidence that their disability was the ultimate cause of his termination. However, keep in mind that it bolsters an employee's claim if the remarks made by the employer were related to the ultimate decision to terminate the employee otherwise they may be considered "stray remarks" (Waterhouse v. Hopkins (1989)). In California, "stray remarks", which may be discriminatory remarks made outside of the decision-process to terminate an employee, are still taken into account and considered part of all evidence as a whole (Reid v. Google, Inc. (2010)). With the assistance of a Disability Discrimination Lawyer, an employee can make claim against their former employer.
7- An employee may strengthen their claim if they can prove that their employer did not implement the reasonable accommodation. Depending on the circumstances and the particular disability, in general, an employer would need to reasonably accommodate an employee through modifications and adjustments, facilitate processes that would enable the employee to carry out essential job functions, and provide paid or unpaid leave to the employee while they receive treatment for their disability. Some ways that an employer could accommodate the disabled employee would be by allowing the employee to switch to a part-time position, allow flexibility in scheduling, adjust facilities within the workplace to be accessible to the employee based on the employee's disability needs, provide extra training to ensure the employee receives an equal opportunity in comparison to all other employees, allow the employee to have support or guide dog accompany them at work,
 
8- Above all, it is imperative that the employer maintains open communication with the employee in relation to any changes in their needs as a disabled employee, also known as an "interactive process". It is the organization or employer's responsibility to ensure that all supervisors who oversee the disabled employee are aware of any accommodations that need to be provided to the employee. For further guidance on the matter, call a Disability Discrimination Lawyer.

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How to Deal With ***ual Harassment Outside of The Workplace

 
How to deal with ***ual harassment outside of the workplace
 
How to deal with ***ual harassment outside of the workplace? It is well-settled law in California under the Fair Employment and Housing Act as well as the California Government Code § 12940(k) that an employer owes a duty to their employees to prevent harassment within the workplace. But what if an employee is ***ually harassed off-site yet within a work capacity? This may be a situation where an employee is not at work but he or she is carrying out tasks or participating in functions that are work-related. More importantly, are employees the only individuals who are covered by the law in this area? What about applicants? In a heavily populated State such as California, the job market can be fierce and highly competitive, making it difficult for job-seekers to get their foot in the door. As a result, these applicants seeking jobs are vulnerable to illegal hiring processes which promote discrimination and ***ual harassment. In these situations, employers are liable for the acts of their own employees who posses hiring power and abuse this power. When issues such as these arise, reaching out to a local ***ual Harassment Attorney is the best way to find out if further legal action should be taken.
An employer or organization is responsible for and held accountable for the acts of their employees whom they have delegated hiring power to within the workplace. The Court in the case Doe v Capitol Cities, 50, Cal. App. 4th 1038 had to address this issue of just how far an employer's liability extends in these "off-site" situations. In that case, the plaintiff was an actor who was applying, or rather auditioning for a role which took place on a Sunday at the casting director's home. During this encounter, the plaintiff alleged that he was drugged and gang raped by the casting director as well as four other men. The plaintiff brought an action against the employer of the company, inter alia, for violating the California Government Code § 12940 (h). Under that regulation, it is illegal for an employer or organization to retaliate against an applicant or employee because the applicant or employee made a complaint against the employer or organization for unlawful practices. The action was brought against the employer who oversaw the casting director because it was ultimately the employer's responsibility to ensure that the workplace was harassment-free. In this case, the Court of Appeal decided that the plaintiff did have a case if he could provide evidence that his allegations were true, then as a result, strict liability would be placed upon the employer. This meant that the plaintiff in this case only had to prove that the acts actually took place and that the employer was responsible for the casting director's acts, and it did not matter what the employer knew or was supposed to have known about the casting director's tendencies. Today, if an employee was in a similar situation when attempting to apply for a position and was subjected to such treatment, they should reach out to a ***ual Harassment Attorney to discuss their case.
But how could the employer be held liable for what happened at the casting director's home and on a Sunday? The Court reviewed the facts and evidence of the case and was able to conclude that the casting director was acting within his capacity as an employee because he was locating, discovering, training, and acquiring actors, just as he did to the plaintiff. Therefore, even though the incident did not occur at the actual work-site, nevertheless the casting director was acting as an agent for his boss. Importantly, the Court did take into account that the incident took place off-site, and it also occurred outside of work hours. However, the Court found that because the casting director's acts were so closely related to his position of employment that it did not absolve the employer of responsibility. Lastly, it is significant to take note that the plaintiff, in this case, was not an actual employee of the company when the incident took place. The court also took this into account that the plaintiff was not an applicant yet decided that this did not matter and the employer of the company remained liable for the casting director's behavior. This was because the plaintiff was in pursuit of employment which placed both the plaintiff and the casting director in a work-related context.
 
Here in California, under the Fair Employment and Housing Act, an employer's liability for ***ual harassment extends to managers, supervisors, and controllers who foster a hostile work environment. Per Title VII, a manager is seen as acting for the employer when generating this hostile work environment, therefore the employer can be held vicariously liable. Under the California Government Code § 12926(t) and the Fair Employment and Housing Act, the definition of "supervisor" is much broader and considers this title to be anyone who has hiring power, a power to transfer an employee, fire an employee, demote an employee, or even a power to reward an employee.
 
 
Liability at the federal level is slightly different. In a particular federal case, an employee was a lifeguard and employed by the city. She brought a suit against her employer because she felt that she was being subjected to a ***ually charged as well as hostile work environment which was created by her supervisors. The environment at issue was considered hostile because the supervisors were causing the particular employee and other employees to experience unwanted touching. Here the employee made a claim under Title VII of the Civil Rights Act 1964, 42 U.S.C.S. § 2000e et seq for these acts and the environment imposed on her as an employee. The Court, in this case, found that the employee who brought the action had a claim against her employer by extending the employer's liability to cover the supervisor's acts Faragher v City of Boca Raton (1998) 524 US 775, 807, 118 S. Ct. 2275, 2292-2293. A ***ual Harassment Attorney would be able to evaluate an employee's case for free if they have a similar problem at work and may be able to file suit against the company.

برچسب: How to Deal With Sexual Harassment Outside of The Workplace،
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What is Religious Discrimination and How to Stop Religious Discrimination

What is Religious Discrimination and How to Stop Religious Discrimination

 

 


 

What are my rights as an employee to practice my faith and can my employer impose their religious values on their employees?

One of the greatest rights we have as citizens of the United States is the freedom to
practice any religion. It is a fundamental right that is protected by the First Amendment of our Constitution. As a citizen, we are allowed to practice (or not practice) any religion we choose without government interference. However, where do we draw the line in the workplace in terms of voicing our religious beliefs and values? Is our employer allowed to impose their own religious beliefs on us?

In California, religious discrimination is illegal and protected by California’s Fair Employment and Housing Act (“FEHA”). It is illegal for an employer to treat employees any differently based on our religious backgrounds or require employees to change their religious values in order to remain employed. While the concept of treating others who practice a different religion seems like common sense, religious discrimination is still a fairly serious issue in the United States. According to the U.S. Equal Employment Opportunity Commission (“EEOC”), there were 3,825 religious discrimination complaints filed with the EEOC in 2016. As a result, there was million paid out in the settlement as a result of religion-based discriminatory acts by employers. The number of religious-based complaints reported to the EEOC has more than doubled from 1997 to 2016.

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There are two different types of religious discrimination that are very similar to ***ual harassment: quid pro quo and hostile environment. An example of quid pro quo harassment based on religious discrimination is refusing to give a promotion to an employee unless the employee attends church on Sundays. Another example of quid pro quo harassment based on religious discrimination is making an employee take off a hijab if he or she wants to work in the front of workplaces and be seen by clients. The other type of harassment based on religious discrimination is creating a hostile work environment. Some examples of this can be making fun of the practices of a particular religion that employee practices or treating an employee differently after he or she asked for a reasonable accommodation to take a day off to observe a religious holiday. Another example of creating a hostile work environment can be teasing someone because he or she does not eat pork based on religious beliefs. In some cases, an employee who constantly speaks of his or her religious faith with the intent to “convert” other employees can also be seen as creating a hostile work environment. Further, employers are prohibited from forcing workers to engage in religious activities as a requirement for employment.

The California Workplace Religious Freedom Act of 2012 (WRFA) requires that employer must provide reasonable accommodation to employees to practice their religion. Such accommodation could be allowing an employee to wear a hijab at the workplace even though baseball caps or hats are prohibited. Another accommodation could be allowing an employee to switch shifts with a colleague if the employee needs to observe a certain holiday or allow employees to wear articles of clothing or jewelry affiliated with their religious practice. The accommodation is reasonable as long as it does not cause an undue burden on the employer, cause a lack of staffing, or impose a financial hardship. An example of an unreasonable accommodation can be requesting an employer to allow certain religious attire if the attire causes safety issues in the workplace. The reasonableness of an accommodation can be argued in a variety of ways.

An employer is responsible for ensuring that harassment based on religious discrimination does not occur in the workplace. If you feel that you have been a target of religious discrimination, you should make a written complaint to your human resources department or management. Many incidents of religious discrimination go unreported because employees fear retaliation from their employers, such as losing their job, being demoted, being treated differently by their coworkers, or having the perpetrator discover that the employee complained and having to face further abuse or possible sabotage from the perpetrator. Retaliation is against the law in our country. Therefore, employees cannot be legally fired, disciplined, or demoted for filing a formal complaint with human resources for any incident of religious discrimination. Even if the employee is unsure of whether or not the act was one of religious discrimination and writes a formal complaint, he or she is protected from any sort of retaliation. If retaliation occurs, the employee should contact an experienced employment law office to learn about his or her rights.

Despite the fact that employees are not able to be discriminated against by their religious practice (or lack of religious practice), some religious organizations are exempt from the rule. If the organization or business is primarily religious, it is able to restrict its employment to those who are of the same faith as the organization or business or share the same values. This type of discrimination is called the “Bona Fide Occupational Qualification.” It is only legal if the job description requires that the individual be of a certain religion, such as a pastor or minister. While some religious organizations may try to use this defense to ensure all employees share the same religious beliefs as them, not all job positions require that a person be of a certain faith in order to be employed with the religious organization. As an example, a gardener or a janitor does not have to be Christian in order to work at a Christian church. The religious organization must show that practicing a certain religion is essential to performing the job duties of that position.

There are many different types of remedies that an individual who has been discriminated against can seek, such as back pay, being reinstated, front pay, punitive damages, compensatory damages, attorneys’ fees, and/or court غير مجاز مي باشدts. Religious discrimination is a serious offense and should not go unaddressed. If you feel that you may be a victim of religious discrimination, you should contact an experienced religious discrimination lawyer.


برچسب: What is Religious Discrimination and How to Stop Religious Discrimination،
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4 Reasons Why Age Discrimination Lawyers Are Necessary

 

 

 

4 Reasons Why Age Discrimination Lawyers Are Necessary

 

 

 

 

 

 

 

  1. 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, ***, 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.

 

 

 

 

 

 

 

  1. 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 ***ism, 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.

 

 

 

 

 

 

 

  1. 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.

 

 

 

 

 

 

 

  1. 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.

برچسب: 4 Reasons Why Age Discrimination Lawyers Are Necessary،
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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.

 

 

 

 

 

 

 

  1. The number of people you work with may be important

 

 

 

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

 

 

 

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

 

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

 

 

 

 

 

 

 

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

 

 

 

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

 

 

 

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

 

 

 

 

 

 

 

 

 

  1. Your leave may last up to 12 weeks

 

 

 

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

 

 

 

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

 

 

 

 

 

  1. You get the best protection the law provides

 

 

 

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

 

 

 

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

 

 

 

 

 

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

 

 

 

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

 

 

 

 

 

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

 

 

 

 

 

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

 

 

 

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

 

 

 

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

 

 

 

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

 

 

 

 

 

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

 

 

 

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

 

 

 

 

 

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

 

 

 

 

 

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

 


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