5 Disabilities that May Be Protected By Employment Law

Disability discrimination is where an employer refuses to acknowledge your impairment as a disability and treats you adversely based on your disability.

The type of company you work for, the number of coworkers you have, your type of disability, and the nature of your claim, will factor into which legislation may assist you in protecting your job. As legislation at the State, as well as Federal level, progressively, recognize certain impairments as a type of disability, the more employees with these disabilities are given job protection.

Did you know that employees with a disability have numerous rights?  Not only do these particular employees have rights, but also there are a set of rules that the employer must comply with in terms of accommodating the employee’s disability.  But what exactly is considered as a disability in the eyes of the law?  Is ADD considered a disability?  What about being an addict?  Or what about some conditions that are not indefinitely a physical or a mental disability such as chronic fatigue?  Is an employee with a sexual dysfunction protected under employment law?

1. Cosmetic Disfiguration?

An employee who has a cosmetic disfiguration may be categorized as having a disability. One particular piece of legislation identifies certain individuals as having a disability if he or she has an existing impairment. An existing impairment pertains to physical and/or mental deficiency that immensely restricts the individual from primary life activities. A cosmetic disfiguration would fall under the physical category.  So if an employee has a cosmetic disfiguration that limits their ability to perform life activities but can carry out their duties at work or can carry them out with reasonable accommodation, an employer must provide those adjustments.  Should an employer refuse to make reasonable adjustments for the employee, or fires the employee because they request the adjustments, that employee may have a claim for disability discrimination as well as wrongful termination.

2. Alcoholism? 

If your boss fires you based on the fact that you were an alcoholic or you are currently in recovery, you may have a claim for wrongful termination and disability discrimination.

Alcohol abuse is an addiction that many Americans struggle with today.  What seems to perpetuate the problem is when former addicts try to put their lives back together but can’t seem to live down their old habits.  An employer who treats an employee adversely based on the fact that he or she is a former alcoholic may be liable for discrimination.  For instance, if an employee suffers from particular health issues or a disability that was created by a prior addiction to alcohol, the employer must accommodate the employee within reason.  Some factors may be taken into consideration such as if the employee has been or is currently participating in a rehabilitation program or is attending a rehabilitation program and has not consumed any alcohol or drugs for a substantial amount of time.   Also, if an employee needs to take time off to receive medical treatment from a rehabilitation facility, the employer may not be able to terminate the employee for taking that time off.  For example, if an employee disclosed to their boss that he or she needed to take a period of time off to participate in drug rehabilitation, the employer might be liable if they fire the employee based on taking the time off.

The circumstances of this particular issue are crucial in determining whether or not an employer has discriminated against an employee.  It is essential to keep in mind that an employee is not automatically protected from being fired just because he or she was a former addict or that he or she has enrolled in a particular drug-treatment center.  An employee must show that he or she has been free from use for an extensive amount of time as well as the reason for mistreatment was based on the fact that he or she either was an addict and/or requested time off for treatment.

3. Sexual Dysfunction?

Under the particular legislation, in order to be considered as an employee who has a disability, it must be shown that he or she has an actual physical impairment. Remember that it may be essential to establish that the employee’s condition is debilitating in such a way that it may restrict them from a major life activity.

While it has not been ligated many times, sexual interactions may be characterized as a major life activity, thus a sexual dysfunction may be measured as a disability.  If the sexual dysfunction arises from an employee’s poor mental health, this may provide evidence to support he or she indeed has a legally recognized disability.

4. Obesity?

Whether or not obesity is considered a legally recognized impairment is an ongoing debate, but it is not totally ruled out. Factors to be taken into consideration would be what body of law the claim would fall under, possibly the cause of obesity, and the percentage of access weight in comparison to the average weight.  There have been some cases that did consider obesity to be impairing where cardiovascular issues were the source of obesity. But again, depending on the particulars of an employee’s case, obesity may be considered a protected disability in which an employee would be considered a victim of discrimination should he or she be terminated because of their diagnosis.

5. Mental impairments?

As mentioned previously, there is specific legislation in place that recognizes certain physical and mental impairments as a disability.  There is a variation of mental impairments that are recognized such as learning disabilities like dyslexia and attention deficit disorder.  Depression is also recognized in certain cases as well as obsessive-compulsive disorder.  There are also some conditions that may be recognized yet can neither be categorized as mental or physical such as chronic fatigue.

There are several mental impairments that may be acknowledged and protected under certain legislation; it mainly comes down to the individual’s circumstances and the facts of their case.  Again, in certain situations of mental impairment, the employer is obligated to make reasonable adjustments for an employee at the workplace.  Should an employee with a mental impairment find themselves being treated adversely based on their mental impairment, they may have a discrimination claim against their employer.

For more info please contact a wrongful termination lawyer same as Stevens & McMillan Employment Lawyers

More Articles about ADA and disability discrimination at the workplace:

• How The American Disability Act (ADA) has protected disabled workers?
• How ADA Can Protect Millions of American lives
• 4 Things an Employee Should Know About Filing a Disability Discrimination Claim
• 5 Important Questions Asked about Disability Discrimination and Wrongful Termination
• 5 Ways an Employer May Be Liable For Disability Discrimination
• 6 Nuances of Disability Discrimination Law in California
• 8 Things You Need To Know About Disability Discrimination
• 8 Main Disability Discrimination Questions
• 9 Things Job Hunters With a Disability Should Know

Retaliation is a type of practice that is deemed unlawful under employment laws.  An employee may experience retaliation when he or she makes a complaint about sexual harassment, discrimination, or some kind of illegal activity.  The way an employer may exercise retaliatory behavior is by punishing an employee for making the complaint.   Punishing an employee for making a complaint may be expressed through demotion, reduced pay, reduced work hours, removal from the work schedule, denial of employment benefits, reprimanding the employee for fictitious reasons, and termination.  Again, to retaliate against an employee after he or she makes a complaint, may result in legal proceedings being brought against the employer. If an employee does feel as though they have been retaliated against after making a complaint, he or she should contact a retaliation lawyer to discuss their potential claim against their employer. Below are a few situations where an employee may find themselves retaliated against.

1. You make a complaint about sexual harassment.

Although it is considered unlawful behavior, sexual harassment is the most common form of harassment in the workplace.  Sexual harassment can be exercised through comments, visuals, rumors, or physical contact.  According to the law, an employee has the right to report sexual harassment without any repercussions.  This means that an employee’s position at work is protected in the event that he or she makes a formal complaint regarding sexual harassment. For example, Nina worked for an advertising company.  Recently a new director was hired to oversee her department named Larry.  Soon after Larry was hired, he gave extra attention to Nina; attention that Nina did not welcome.  Often Larry would make comments about Nina’s breasts to other male employee’s, making jokes that Nina’s breasts were bigger than her brains.  Nina was afraid of Larry as he had cornered her in the copy room a few times and asked her if she would ever consider dating anyone in her department.  Most recently, Nina had asked if she could apply for a promotion and in reply, Larry asked “what do I get?” and winked.  Fed up and overwhelmed, Nina made a formal complaint to the head supervisor of the company.  A few days after Nina made the complaint, she was demoted and moved to a smaller office but still remained under the supervision of Larry and his tormenting.  Nina sent several emails to the head supervisor complaining of the continued harassment but each one went unanswered, Two weeks later Nina was let go from her job without reason.  Here, Nina may have been a victim of sexual harassment but was also then made a victim if retaliation after she spoke up.  The timeline follows that after Nina complained, she was demoted, placed in a smaller office and then let go.  These actions can all be construed as punishment for making the complaint about Larry sexually harassing her on multiple occasions. If Nina were to take her situation to an Employment Lawyer, she may have a claim against her former employer for sexual harassment, retaliation, and wrongful termination.

If an employee feels as though he or she is being sexually harassed he or she should make a formal complaint which entails details of who was the harasser, what occurred, when it took place, and list any witnesses.  It is required by law that employers have an anti-sexual harassment policy in place, so after an employee makes a complaint, there should be steps in place within the policy that should be followed.  An employee can make a complaint to a manager, supervisor, or Human Resources Department.  The complaint does not even need to be made to that particular employee’s direct supervisor or manager, it just needs to be made so that the next step in the policy can begin which is usually that all managers or supervisors are taking the formal complaint to their supervisor or directly to the Human Resources Department.

2. You take or request a leave of absence

Employees have the right under certain employment laws to take a leave of absence for particular reasons.  Some of those reasons may include a medical leave, disability leave, or a leave to care for an ill family member or for incidences regarding pregnancy.  If an employee requests to take an approved leave or actually takes an approved leave, an employer does not legally have the right to punish that employee for taking the leave.  For example, in some circumstances, an employer must reinstate an employee their job upon their return from their leave.  An employer who fires an employee or lets an employee go after he or she takes a leave or requests for a leave may be found liable for retaliation. An employee who takes a leave or requests a leave of absence and feels that they have been retaliated against for that very reason should call an Employment Lawyer.

3. You make a complaint about discrimination

There are employment laws which prohibit discrimination. Discrimination against an employee based on their age, race, religion, sexual orientation, creed, gender, sex, marital status, military status, veteran status, disability, medical condition, or pregnancy is prohibited by law.  Depending on the specific circumstances, if an employee were to complain about being discriminated against and they were treated adversely thereafter, he or she may have a claim in retaliation. An employee who was discriminated against and terminated for complaining about being discriminated against should call an Employment Lawyer.

4. You report something illegal

There are laws in place that protect certain employees who report illegal activity in the workplace. These types of employees who report such things as unsafe work conditions are called whistleblowers.  If a whistleblower reports illegal activity such as poor work conditions and is then fired, he or she may have a retaliation claim against their former employer.  A whistleblower who was terminated should call an Employment Lawyer to discuss their potential retaliation claim as well as wrongful termination.

Employees should not tolerate any kind of retaliation and should contact a wrongful termination attorney who offers free consultations.

What does it take to transform a simply annoying work environment into a sexually harassing hostile work environment?

People usually asked

• What is a hostile work environment?
• What is a hostile work environment definition?
• Which of the following is a factor the courts consider when they determine whether a work environment is hostile or abusive?
• …

To answer this question, it is important to look at all of the circumstances together. Four primary factors are considered when looking at the totality of the circumstances. To your knowledge, these four factors are described in this article, although it is important to note that no single factor is required for a work environment to be deemed hostile. If you think you might have a claim for sex discrimination in the form of a hostile work environment, contact a discrimination attorney as soon as you can to figure out what you can do about your situation. 

Please look at the four primary factors:

• The frequency of discriminatory conduct
• The severity of discriminatory conduct
• Whether or not the conduct is physically threatening or humiliating or a mere offensive utterance
• Whether or not conduct unreasonably interferes with an employee’s work performance

Let’s start from the top of the list:

1. The frequency of discriminatory conduct

   
   Sometimes, work environments can be deemed hostile because of how pervasive the inappropriate behavior is. Incidents of abusive conduct have to be sufficiently concerted and continuous to be considered pervasive. An isolated inappropriate sexual remark made to a co-worker would not be enough to claim sexual harassment, for example, as was supported by the case, Clark County School District v. Breeden. There are several examples of cases where the plaintiff has not succeeded because the inappropriate behavior was not considered pervasive. In one case, Brennan v. Townsend & O’Leary Enterprises, Inc., the plaintiff alleged that there were four incidents that occurred over four years involving three different employees, and two of the incidents were at Christmas parties that were off of work property. In this case, it was ruled that the evidence did not constitute a concerted pattern of harassment. On the other hand, in Hostetler v. Quality Dining, Inc., only three incidents were considered enough to create a hostile environment. However, in that case, all three incidents happened in one week and included a forced French kiss, a crass comment, and an attempt to unfasten the plaintiff’s bra. While frequency is an important factor to consider, sometimes a single incident is sufficient to establish a hostile environment claim. However, in those cases, the incident must be quite severe.

2. The severity of discriminatory conduct

   
   Severity is one of the other four primary factors that must be considered in hostile environment claims. As mentioned, a single incident can show a hostile environment if it is very severe. For example, physical groping qualified in the case of Myers v. Trendwest Resorts. Physical assault or the threat of physical assault can also be sufficient in isolation, as seen in Hughes v. Pair. In cases like those, the employer can be held liable if their response does not quickly and effectively eliminate the problem (e.g. removing the harasser from the workplace). For example, a single incident of sexual assault followed by inaction on the part of the employer can mean trouble for that employer, as seen in Doe v. Capital Cities and Lockard v. Pizza Hut, Inc. This can be true even when the assaulter is not an employee. Employers can be held liable for their conduct following severe harassment by a third party, such as a client. This was the case in Little v. Windermere Relocation: an employee was drugged and raped by a client and when the employer found out, he cut her pay and told her to move on and clean out her desk after she protested the pay reduction. The plaintiff claimed her employer had made the work environment hostile with his reaction, and the Ninth Circuit agreed with the logic of her argument that the employer’s response following a single, severe incident can be grounds for a hostile work environment claim. In general, the more pervasive the conduct, the less severe it has to be, and the more severe the conduct, the less pervasive it has to be, to be considered a hostile environment. 

3. Whether or not the conduct is physically threatening or humiliating or a mere offensive utterance

   
   In claims of a hostile working environment, it can be helpful for a plaintiff to show that there was some sort of negative effect on their psychological well-being, which could be produced by a physical threat, for example. While this kind of evidence of psychological injury is relevant and helpful, it is not necessary for a plaintiff to demonstrate that they suffered a psychological injury as a result of the sexual harassment. This was upheld in Harris v. Forklift Systems, Inc.

4. Whether or not conduct unreasonably interferes with an employee’s work performance

   
   Lastly, it is important to consider if the harasser’s abusive conduct was so severe or pervasive that it actually altered the work environment. In one case, Westendorf v. West Coast Contractors of Nevada, Inc., the plaintiff alleged a violation of Title VII based on her supervisor’s sexual remarks to her at work on four occasions over a three-month period. For example, he told her that she needed to clean a trailer in a French maid uniform and asked if women “got off” using a specific type of tampon. She was also asked by the supervisor and another co-worker if she was intimidated by another woman’s breast size, a woman they called “Double D.” The court decided that these remarks were not severe or pervasive enough to alter the plaintiff’s terms of employment under Title VII. A similar case came to the same conclusion but under California’s Fair Employment and Housing Act (FEHA). In this case, McCoy v. Pacific Maritime Association, the plaintiff’s coworkers made offensive and inappropriate remarks in her presence fewer than ten times across four months. These incidents included shouting and calling the plaintiff “stupid,” making crass comments about female employees’ buttocks, and making crude gestures towards an employee once her back was turned. The court decided that the comments, which were not generally directed at the plaintiff, were not so severe or pervasive that they changed the conditions of her employment.
   Every situation is different and has its own nuances. Sometimes, one court will disagree with another on the facts or legal standards to employ in a given case. For that reason, it is very important when considering litigation for sex discrimination to speak with an experienced employment attorney or consult with a professional sexual harassment lawyer who can navigate the common pitfalls and obstacles posed by such cases and give you a better chance at getting justice.

……………………………………..

Since 2017, “me too” has become an increasingly familiar term (and hashtag), one used to spread awareness of sexual harassment and assault, problems that are alarmingly widespread. By some estimates, over eight in ten women have experienced sexual harassment at some point in their lives (e.g., Stop Street Harassment). The “me too” movement encourages victims of sexual harassment or assault to come forward about their experiences in order to show the public just how pervasive these issues are in society. Proponents of the movement want to start a discussion, and they have succeeded in doing so on a national and even international level to an extent not previously seen. Fortunately, the idea of “me too” evidence has long been a part of the discussion in employment law.

In law, “me too” evidence refers to evidence that other people have experienced similar behavior as the plaintiff. Both federal law and California law allow for certain kinds of “me too” evidence in employment litigation. Such evidence helps establish things like motive or intent. In California, “me too” evidence may be more likely to be admissible thanks to cases like Pantoja v. Anton. The plaintiff, Lorraine Pantoja, sued for race and sex discrimination, and sexual harassment. She reported that her supervisor touched her inappropriately, as well as said and requested inappropriate things. Pantoja wanted to include the testimony of women in similar positions who had experienced similar things working under the defendant. In that case, it was ultimately decided that the “me too” testimony was admissible even though Pantoja had not personally witnessed how the defendant harassed the other women. The court decided that the evidence was useful to show that the defendant had discriminatory intent. Of course, this is not the only example where “me too” evidence is helpful in employment law.

The following list will show a few ways in which “me too” evidence can be useful, particularly in cases concerning sexual harassment and discrimination.

1. When one offender harasses multiple people

“Me too” evidence can be used in cases involving one harasser repeatedly engaging in actions that can be classified as sexual harassment. Such evidence is useful in a lawsuit because it goes towards establishing that there is a pattern of illicit behavior by the same person. Take the following hypothetical scenario as an example:

Maria has worked for several years as a physical therapist at a hospital. Recently, she was transferred to a different department. She has found herself very uncomfortable around her new supervisor, Jerry, who occasionally touches her inappropriately and makes jokes that she feels are demeaning to women. Maria is not sure what to do at this point and contemplates quitting. She mentions to a coworker what she’s been experiencing and it is brought to her attention that several other women in the office feel the same and have experienced similar behaviors from their supervisor, Jerry. Maria tells Jerry to stop his inappropriate behavior. Two weeks later, she is fired for ambiguous reasons.

In this scenario, if Maria decided to file a lawsuit claiming sexual harassment and unlawful termination, the testimony from other women in her place of work could bolster her case. The “me too” evidence, in this case, would help to demonstrate that Maria indeed experienced harassment due to her sex. The testimony of other women in her workplace also helps because Maria did not get the chance to file a written complaint to human resources about Jerry. When it comes to potential lawsuits, when possible, getting things in writing is ideal. Of course, that is not always possible and in such cases, it is helpful to have “me too” evidence.           

2. When the employer fails the employees

In the previous example, the potential plaintiff (Maria) and the other women in the office had qualms about the same person, their supervisor. However, that is not the only scenario in which “me too” evidence can be helpful.

In the workplace, employers have a responsibility to their employees that includes taking measures to prevent or stop sexual harassment. An example may best illustrate this idea:

Alex is an accountant at a large law firm. He dislikes his coworker David because David often tells him or shows him things that make him uncomfortable. For example, David often goes into detail about his dates and sexual activities with other people. Alex has asked David to stop, but David laughs it off, so Alex ultimately files a complaint with human resources. Unknown to Alex at the time, several other people who work at the company have filed complaints about a hostile work environment in the past few years, but nothing productive has been done to mitigate the threats. Alex is disappointed that, despite his complaint, nothing is done and David’s behavior does not change.

In this example, David could file a sexual harassment lawsuit against his company for failing to take action when notified of employees harassing their coworkers. More to the point, his lawsuit would have a greater chance of success because of the “me too” evidence, that is, the past written complaints of other employees. Even though the harasser varies in this case and is not necessarily an employer, the problem is that the company has failed to protect their employees from sexual harassment, so the “me too” evidence is still pertinent. Moreover, it does not matter that David did not know about the other complaints to human resources at the time; that is still evidence that can potentially be used to strengthen his case.

This example is reminiscent of the seminal California case of Weeks v. Baker & McKenzie (1998), wherein evidence that the employer was aware of an employee’s tendency to engage in harassing behaviors was ruled to be admissible. This evidence helped move the case to victory for the plaintiff, as it was deemed that the employer had not taken the proper steps to impede sexual harassment in the workplace.

3. When discriminatory intent is unclear

A third scenario in which “me too” evidence can be helpful is in cases of discrimination. In particular, such evidence can be very helpful in cases without clear evidence of the employer’s discriminatory intent, which is often difficult or impossible to gather. An example best illustrates this kind of case:

Viviane has worked as a salesperson at a car dealership for the past fifteen years. She has a good sales record and has only ever had a few write-ups for minor things. Most of her coworkers who have been there as long as she has have been promoted to more senior positions, which are more prestigious and include better pay. She does not understand why she has not been given the same opportunity and is bothered that there are so few women in leadership positions at his company, so she asks her boss about it. Unfortunately, her boss tells her they have no available senior positions. A few months after this, a male coworker who has worked at the dealership for five years is promoted to a senior position. Four women besides Vivian had been there longer than five years and had good sales records but had been passed up for the promotion.

In this example, the “me too” evidence is the four women other than Vivian who were in similar positions and had been denied promotions that were then given to less experienced male colleagues. This evidence helps show that what Viviane experienced was not idiosyncratic to her and was likely not because of Viviane as a person or worker but rather due to her gender. While no one at the company ever explicitly made any discriminatory remarks, these actions taken together help establish a pattern of events that can be most likely attributed to discriminatory intent.

Evidently, there are many ways in which “me too” evidence can be used to help bring people to justice. While such evidence is not admissible in every case, it is worth looking into if you have experienced similar situations to the ones described here. If you think you may have experienced sexual harassment or discrimination in your workplace, if it has resulted in loss of employment, a wrongful termination lawyer can help you decide what to do next.

1.  Sexual Harassment and Revenge

 It’s hard enough as it is to tell your tinder date after the first meet-up that you’re just not that into them.  Perhaps you do it over text or ghost them and hope they just give up; its just plain uncomfortable either way. But how do you have the same conversation with your boss? Or how do you tell a fellow colleague you’re not interested?  These people aren’t just some randoms you never have to see again, these are people you have to work with and see on a regular basis.  Making a complaint about sexual harassment can lead to wrongful termination.

The most essential aspect of a sexual harassment claim against a person is that the behavior towards the person was uninvited.  In other words, if one person’s flirtation is sexually and/or romantically motivated and the person on the receiving end of this behavior does not like it and wants it to stop, it is considered as unwelcome.  Once the person on the receiving end identifies the behavior as unwelcome, the behavior is considered as sexual harassment.  This can be problematic in a work situation especially if the harasser is in a managerial position and the victim is a lower ranking employee.  How does an employee tell their boss “no” without feeling like he or she may then experience acts of revenge from their manager or boss?

For example, Itzel, an employee at a retail store, was invited out for drinks after work by Lisa her manager.  At first, Itzel thought it was just a friendly invitation and agreed to attend.  However, while at the bar, Lisa tried to kiss Itzel.  Itzel pulled away before Lisa could make physical contact with her and said: “I’m sorry I have a boyfriend”.  After that night, Lisa told other staff that she and Itzel had “hooked up”.  As the rumor spread like wildfire, Itzel found herself feeling anxious to go to her shifts and uncomfortable.  Lisa began purposely scheduling Itzel during shifts where they would close the store alone together.  Itzel confronted Lisa at work and expressed her frustration with the rumors and that she was not interested in having a relationship with her beyond friends.  Here, Itzel expressed her lack of desire to have a physical relationship with Lisa at the bar when Itzel dodged Lisa’s attempt to kiss her and also when she told Lisa that she had a boyfriend.  Secondly, Itzel made it clear again that Lisa’s advances were unwelcome when she told her that she did not want anything beyond a friendship.  The fact that Lisa spread rumors of a sexual encounter between her and Itzel can be considered as sexual harassment.  Also, the way Lisa had organized the roster in a way that she and Itzel would be alone may be construed as a ploy to further her sexual advances towards Itzel. A few days later, Itzel was removed from the schedule and was never asked to return to work.

Here, Itzel may have a claim for wrongful termination in addition to a sexual harassment claim.  Being removed from the schedule may imply Itzel has been let go from her position and the events leading up to her removal may indicate that this was out of revenge by Lisa for rejecting her advances, making her termination wrongful. 

2.  Disability Discrimination

There are many laws in place created to protect employees or potential employees who have a disability.  The laws are there to provide a safe and fair space for employees to have a seat at the table in the working world regardless of their disability.  This means the way a company decides to hire or treat current employees who have a disability is regulated by laws that protect the employee from mistreatment and/or prohibit unfair hiring practices.

For example, Bob a job applicant for a sales company has dyslexia.  In order to carry out certain tasks, Bob requires a text-to-speech software to be installed on his work computer.  After disclosing this in his interview, Bob was told by management that although his resume was impressive, unfortunately, they could not “meet his needs”.  In this scenario, this may be seen through the eyes of the law as discriminatory hiring practices. 

But let’s say Bob was hired and he ended up working for the sales company for 2 years.  The company provided him the software for his disability and Bob was able to carry out his tasks accordingly.  However, after a recent management change, Bob began feeling excluded based on his disability. The new manager of his team George had taken notice of the software Bob used and asked Bob questions on a daily basis regarding his disability.  These questions made Bob feel uncomfortable and singled him out especially in meetings when George would refuse to delegate tasks to Bob.  Eventually, George fired Bob without reason.  Here, this may be construed as disability discrimination and in turn, would therefore possibly be wrongful termination.

3.  Medical Leave

Many employees encounter sickness, injury, illness, or conditions in their lives as well as within their immediate family.  An employee who has a particular medical issue may need to take time off from work to recover, receive treatment, or may even need an adjusted work schedule.  In certain situations such as these, some employers may react negatively by letting the employee go or finding other means of firing the employee in order to avoid having to accommodate the employee during their time of need.  An employer may feel even less inclined to provide adjustments for an employee if he or she asks for time off to care for a family member who has a medical condition. Fortunately, the law is compassionate in these particular scenarios and appreciates that life happens. So when an employer has a knee jerk reaction to fire an employee based on requesting medical leave, this can transform a termination into a wrongful termination.

For example, an employee who has a spouse who is receiving treatment for cancer may request leave to care for their spouse.  In this situation, if the employer denied the request, forced the employee to use their sick days, or terminated the employee from their position, this may be wrongful termination. 

For more info about Wrongful Termination please call a wrongful termination attorney.

Wrongful termination settlements is said to have occurred when an employer has fired/laid off an employee in direct violation of their existing legal rights. If the wrongful termination law has been violated, the terminated employee can file his/her wrongful termonation settlements employment termination complaint with the government agencies. Alternatively, a private lawsuit can also be filed with the help of a wrongful termination Settlements lawyer.

The “At-Will” concept

All states have now adopted the doctrine of employment “at-will” to a certain degree. This means that employees can typically leave their jobs at any given time without any cause or advanced notice. In addition, it means that the employer can also typically fire / lay-off their employees at any given time without a specific reason. In many instances, employers legitimately ask employees to sign certain agreements or contracts that effectively document & enforce all the terms of this “at will” employment and this shows up in the company’s policy manuals.

The Exceptions

Of course, there are certain exceptions to the rule. Employees as well as employers are not permitted to breach the employment agreements/ contracts or even violate regulations, laws, constitutional provisions/ public policy when they are terminating employment. Exceptions such as intentional emotional distress, breach of implied contract and reliance on an employment offer do exist. “At will” employees can also be fired for certain job-related problems/ non-job-related reasons like personality conflict or the boss not liking the employee’s jokes.

These employees who have been wrongfully terminated have gone ahead and challenged the rules in court and won wrongful termination settlements and compensation. Though there is no fixed figure that can be attached to this kind of a settlement, it can sometimes be substantial. This settlement covers the lost wages and attorney’s fees & punitive damages are covered only under certain circumstances

The Right Legal Help

If a person has been wrongfully terminated and wishes to file a lawsuit against the employer, he/she will have to hire the services of a wrongful termination settlements lawyer. The person will provide the litigant all the details of this kind of filing and help with all the technicalities and legalities. Having a good lawyer can also result in a higher termination settlement and they will also be able to guide the person through the legal system. Since there are no hard and fast rules when it comes to winning a wrongful termination settlements, having the right legal help is top priority.

Call the Law Office of Stevens & McMillan Today (800) 738-3353 to get you the highest Wrongful termination settlements!

Setting fire to your manager’s desk in some countries may earn you a verbal warning. Well, that may be an exaggeration, but, unlike California, there are places in the world where employment laws governing termination make it nearly impossible for an employer to fire an employee. On the opposite end of the spectrum, everyday employees in California brave the working world, accepting the risk they can be fired for any reason or no reason at all. This is because employees in California are considered at-will employees.  At-will employees can be terminated from their position of employment without cause. In other words, the employer is not obligated by law to provide a reason, nor even a just reason, to fire an employee.  Therefore, an at-will employee can be fired from their job for any reason or no reason at all.  How crazy is that? But of course, like many areas of the law, there are exceptions to these freedom employers have.

Your employer can indeed fire you because they do not like you or they were just having a bad day, however, they cannot fire you for an illegal reason.  An illegal reason would be to fire you based on your belonging to a protected class. A protected class you say?  Yes! A protected class means particular people whom the law recognizes to have protection from discrimination in the workplace.  Some of these classes that are protected are race, gender, disability, sex, sexual orientation, medical condition, pregnancy, religion, and age.  There are many sub-categories within those classes, which provide details of who and how the law protects members of those classes.

But how exactly does the law “protect” the members of the protected classes?  The law places upon employers certain duties that they are obligated to abide by in the workplace.  The law also identifies specific behaviors and actions that are deemed discriminatory.  Below are a few forms of acts and behavior that constitute discrimination in the workplace.

1.  Passed up for promotion

One way an employer may demonstrate discrimination is through refusal to promote an employee.  Denying an employee a promotion by default is not discriminatory, however, it becomes a form of discrimination when the refusal is based on the fact that an employee belongs to a protected class or even if it is presumed that an employee belongs to a protected class.

For example, Mick, an employee at a marketing firm had been having issues with the manager of his department.  His manager Ned had on numerous occasions made jokes about homosexuality and speculated that Mick had feminine mannerisms.  Ned’s teasing would bleed into the professional side of the business when Mick would request to take on certain accounts and would be denied because Ned claimed, “these were serious clients who needed a ‘Man to Man’ mentality”.  Mick had never disclosed to any person at work his sexual orientation or his private life, yet Ned’s personal opinion of Mick continued to negatively impact his work life.

Here, whether Mick identified as gay or not, Ned’s jokes and denial of employment opportunities such as taking on the account may be construed as sexual orientation and/or sex discrimination.  Keep in mind that denying Mick the account within itself is not discrimination, however, his refusal because he is presumed to be gay is discriminatory.

2. Making your work life difficult

Another technique discriminatory masterminds use to terrorize their employees is making a particular employee’s work life difficult.  Now, this isn’t just your boss giving you grunt work or scheduling you during the main shift that no one else wants; somebody has to do those tasks.  What we are talking about here is where an employer delegates tasks or shifts or manages you in a way because you are a member of a protected class.  For example, Larry, an employee at a food and beverage kiosk in the mall, lost his arm in a car accident a few years before obtaining his employment at the mall.  Although Larry was missing an arm, with certain adjustments made by management, Larry was able to carry out his tasks.  Larry was happy at his job but recently the new manager Tina fired him.  Upon Tina’s hire, she was very skeptical of Larry’s disability, often making comments regarding his capability, “How are you able to even do anything with ONE arm? Don’t you want to retire?  If I were you I wouldn’t bother even trying to work!”  Tina’s skepticism was also reflected in the way she arranged the scheduling.  Because Larry only had one arm, his doctor cleared him to work but advised Larry to take a 15-minute break every four hours.  Before Tina worked at the food and beverage kiosk, Larry’s managers always accommodated him so that he could take his 15-minute break every 4 hours.  However, Tina began scheduling Larry for only 3-4 hour shifts as opposed to his regularly assigned 8-hour shifts, stating that since he needed a break every 4 hours “ he might as well go home”.  This caused Larry financial hardship.  He made a complaint to Tina as well as Human Resources regarding the unfair treatment he was being subjected to, only to be fired a week later due to ‘poor work performance’.

Here, Tina should have continued to provide reasonable accommodation to Larry for his disability. By refusing to provide reasonable accommodation in combination with the comments Tina made, Larry was being treated differently from other employees in a negative manner, based on his disability.  Therefore, this would be disability discrimination as well as wrongful termination.

3.  Retaliation

Another way an employer may discriminate against an employee with a disability is by retaliating against the employee.  Retaliating against an employee may occur when an employee either makes a complaint about being treated unfairly regarding their disability, or it can take place when an employee requests a reasonable accommodation for their disability.  The employer may demonstrate retaliatory behavior by writing up the employee or even terminating him or her because this particular employee made the request or the complaint regarding their disability.

Above are just three examples of situations that occur regarding disability discrimination.  There are many other ways an employee with a disability may be unlawfully treated due to his or her disability.  For more info and free consultation contact an employment lawyer.

Wrongfully terminated for no reason?

Recent cases have addressed the issue of whether the employer is obligated to “ensure” the employee takes these breaks. The cases have decided that employers are not obligated to police breaks and ensure no work is being performed during that time. Rather, employers simply must provide 30-minute, duty-free meal periods, and similarly a 10 minute rest break.

Even though employers are now not legally obligated to police rest breaks at no time can an employer retaliate against an employee for complaining about not receiving their statutorily entitled rest periods or breaks? If an employer is simply not allowing breaks or actively opposing breaks and an employee complains about this practice to his employer it would be illegal for the employer to terminate this employee to intimidate other employees into not complaining.

Similarly, if an employee complains about being discriminated on the basis of his race, sex, religion, age or disability and an employer terminates them because of their complaint this would be wrongfully terminated. Further, if for an employer terminate an employee for complaining about these

Whenever an employee complains about not receive rest periods, meal breaks and similarly to not be discriminated and harassment based upon their sex, age, race, or disability but is terminated for such complaints this would be wrongfully terminated. This article is not intended to give legal advice. If you need consultation concerning specific questions relating to meal and rest periods, or retaliation for complaints about not be provide these breaks call a professional employment attorney same as Stevens & McMillan at (800) 738-3353.