Many people are excited at the prospect of a new job, and most do not predict it will lead to anything but income and perhaps some satisfaction at work well done. People do not usually expect for their employment to lead to litigation. However, as any employment lawyer could attest to, sometimes the unexpected happens and a lawsuit becomes the best chance at justice. When employers violate the rights of their employees, they open themselves up to potentially severe legal repercussions. Of course, even the most sincere, wronged employees might not win their case if they cannot provide evidence for their claims. For that reason, it is vitally important to get things in writing whenever possible. The following list provides some of the best reasons to do this, and the accompanying examples should demonstrate the potential significance of the advice.

1. Written complaints go a long way
   When something objectionable happens in the workplace, such as discrimination or sexual harassment, the number one thing employees can do to protect themselves from it happening again is to file a formal complaint. Employers should have policies laying out how to navigate the complaint process, and they must have a way to go around the immediate supervisor in case that person is the problem. Of course, the hope is that an official grievance will lead to a satisfactory resolution, but when that is not the case, the written complaint will serve as evidence that the employee notified the employer, meaning the employer can be held responsible for not addressing the issue. The following example illustrates this idea:
   Kyle works for a paper company. His supervisor, Thomas, has always been a little inappropriate at work. One day, Thomas makes a sexually explicit joke about Kyle’s fiancée. Kyle does not find this funny and lets Thomas know, but Kyle’s reaction seems to encourage Thomas’ behavior. Kyle files a formal complaint with human resources about these jokes. A human resources employee speaks with Thomas, but his behavior does not change. Kyle talked to a sexual harassment lawyer and files another complaint and, again, Kyle continues to suffer Thomas’ crude jokes as nothing changes. Kyle hired a sexual harassment attorney and files a sexual harassment lawsuit against the paper company and his multiple written complaints help convince the judge that the company is liable.
   Also important to note is that, though it may seem intimidating to file a complaint at work, employers cannot legally retaliate against an employee for doing so. If an employee is fired for making a complaint in good faith, the employer can be sued for wrongful termination. In these cases, it is clear how the written complaint is useful for the wronged employee.
2. Contracts can be oral but they probably shouldn’t be
   When being hired for a new job, employees should generally try to make sure that their employment contract is in writing. This practice is so common that many people may not know that contracts not in writing can actually be legally binding. However, oral or other unwritten contracts can and do occur. Of course, they are much more difficult to manage when it comes to breaches of contract. While not impossible to sue for breach of contract with a non-written contract, it is much easier, legally speaking, to win a breach of contract as an employee when the contract was written. An example of this can help demonstrate the significance:
   Rosalie works as an internal decorator. She decides to take on a new client who wants their new house decorated in a particular style. Rosalie consults with an employment attorney and writes up a contract that specifies the terms of their agreement, including the kind of work she will do and the payment she will receive. Her employer, Kris, signs the contract and Rosalie begins working. Rosalie begins to decorate the place in the requested rustic style. However, Kris tells her he has changed his mind, that he wants it decorated in a modern style. Rosalie has already done significant work in the rustic style and lets Kris know that it is too late to change his mind. Kris is angry but allows Rosalie to finish. However, he then refuses to pay Rosalie because he claims she did not do what they had agreed upon. Rosalie speaks with an employment lawyer and ultimately, Kris is required to pay Rosalie for her work thanks to the terms of their written contract.
3. Emails summarizing important meetings might be even more important later
   Another good habit for employees to get into is to recap oral meetings via email so that there is no confusion later about what was said. This habit can come in handy in the event of disputes, like in the following example:
   Valencia just exited a meeting with her boss, wherein she was congratulated for being a good leader and handling conflicts professionally. Valencia immediately sends an email to her boss, recapping what they discussed, including that she should continue to handle conflicts in her department as she had been doing, by following formal procedures. Months later, Valencia talked to a professional wrongful termination lawyer then she is in the midst of a lawsuit against her employer for wrongfully terminating her after she notified authorities of illegal activity her company was engaging in, namely fraud. The defense tries to say that she was fired not for whistle-blowing, but for being too aggressive with her subordinates during conflicts. The defense points to the incident that precipitated that meeting she and her boss had months ago, claiming that she was reprimanded for being too aggressive in conflict resolution. Valencia does not recall this and checks her records to see what really happened. Fortunately, she has a record of that email sent to her boss after the meeting noting that she was handling conflicts well, and the defense’s argument fails to convince anyone.

These are just a few of the reasons to get things in writing when it comes to work. Hopefully, the notes and emails and complaints will never need to be used as evidence in a lawsuit, but in case the unthinkable does happen, these written records may prove to be extremely valuable. For anyone who has been wronged by an employer in some way, whether through breach of contract, discrimination, wrongful termination, or something else, an experienced labor attorney can help.

While individuals who serve in the military often make great sacrifices for their country, many people do not seem to understand or appreciate their service. Oftentimes, veterans struggle to readjust to civilian life, which is only made harder by being discriminated against in the employment sphere. Fortunately, the law is on your side if you are a veteran returning to civilian employment life. In California, veteran status is a protected class under the Fair Employment and Housing Act (FEHA) and consequently, veterans are afforded the same anti-discrimination protections afforded to people who may suffer from discrimination based on their race or color, sex or sexual orientation, national origin, or age, among other characteristics. For employers, this means being attentive to potential discrimination red flags in the workplace. For veteran employees, understanding your rights is the key to being able to defend them. For those who find the following examples familiar and believe an employer to have discriminated against you, contact an employment attorney to discuss your options.

1. Refusal to hire based on actual or perceived military status or affiliation

   
   Under FEHA, an employer cannot refuse to hire someone due to belief or knowledge that the person is a veteran or member of the military, or even that the person is associated with a veteran or member of the military. Personal biases do, however, make their appearance when it comes to some employers, and that can lead to an otherwise qualified veteran being unemployed. Beyond the moral implications of that kind of behavior, it is important to think about the legal ramifications. Employers can get into a lot of trouble for refusing to hire veterans, as they should. However, sometimes it can be difficult to prove discrimination in hiring. Moreover, sometimes people do not even realize they are being discriminated against. Let’s take a look at an example to get a sense of what a discrimination case of this nature might look like:
   Pedro was just honorably discharged from the military and is now looking for a job in the San Francisco area. One job he applies to invites him for an interview. During this interview, he feels everything is going well for a while and his interviewer, Darla, even tells him he seems like a great fit for their workplace. However, when Pedro mentions something about being in the Middle East, his interviewer is curious about what brought him over there. Pedro tells her he was deployed there. When he says this, Darla seems surprised. Soon, they finish the interview. Afterward, Darla reports to the manager about the applicants they have had, and she insists she likes Pedro best, noting that he was a veteran. The manager, Louis, tells her not to hire him because “those military guys can be a real handful,” and he alludes to problems like PTSD that many veterans face.
   Here, Darla could report her manager for discriminating against Pedro based on his veteran status. She might be too scared to report Louis, but reporting criminal violations is a legally protected act and it is illegal for Louis to retaliate against her for doing so. If Pedro suspected anything, he could also sue Louis, but it is difficult for him to know that he is not being hired because he served in the military. From his perspective, it could be any number of things. He did not hear what went on behind closed doors. Unfortunately, sometimes that does happen. Ambiguity in discrimination cases is jumped on by defendants but even circumstantial evidence can be very helpful for the victims to use against them.

2. Denial of accrued benefits like vacation time

   
   Employers must treat employees in similar positions the same when it comes to compensation or terms, conditions, or privileges of employment. They cannot treat employees differently in these ways based on veteran status. An example illustrates how an employer might discriminate in this way:
   Leah recently returned to civilian life after serving as a medical doctor in the military. She plans to return to work in the hospital she was employed in before her service. She reapplies promptly and is rehired because she is protected under federal law for reemployment. A few months after returning to this job, Leah’s significant other proposes to her and she accepts. They decide to plan for a simple wedding at home and a honeymoon in Hawaii. When Leah requests to use the vacation time that she accrued with the hospital over the four years she served, her boss tells her she cannot take time off work “again” until after she has been back for longer. Leah does not know that the law requires her to have the same vacation time she would have had if she had not served in the military and had continuously been employed by her civilian employer. Hence, she accepts her employer’s statement and tries not to be disappointed that she cannot enjoy her honeymoon anytime soon. Later, Leah learns that she is accumulating vacation days at a slower rate than her colleagues in similar positions. These colleagues are not members of the military or veterans. When Leah inquires about this, she is told that she already has more benefits than her colleagues thanks to her veteran status so she should not worry about it.
   In this scenario, Leah’s employer appears to be doing multiple things wrong. Federally, if Leah qualified for reemployment, then she also qualifies for her benefits to having accrued as if she had not gone on military leave. Her employer should not be denying her vacation time that she accrued during her service. Second, her rate of accrual of vacation leave should not differ from her colleagues just because she receives veteran benefits. Providing unequal privileges or terms of employment to an employee based solely on their veteran status is considered unlawful discrimination, and Leah’s employer could get into trouble if Leah hires a wrongful termination lawyer and filed a lawsuit for discrimination.
   Veterans have enough challenges to face without needing to suffer discrimination at the hands of prejudiced employers. If you have been discriminated against because of your military service, know that you are not alone. An experienced employment attorney can stand with you and help you fight back against your transgressor.

Can you get fired for asking for time off? Can an employer punish you for sick leave?

People usually ask:

• can you be fired for using PTO?
• what happens if you have negative PTO?
• can you get fired while on PTO?

Let’s find the answers

Employees have certain rights to leaves of absence from work. When they are entitled to time off, the employer cannot punish them for taking it. When employers do punish employees for legally protected activities like taking time off that they are entitled to, that is known as retaliation, and there are a number of laws, both on federal and California state levels, protecting employees from retaliation. For many employees, it can be difficult to determine if an employment action taken by their employer is considered unlawful retaliation, so this article will shed some light on a few different kinds of retaliation and how they can apply to situations involving leaves of absence. The protections described apply to California employees, although some of the same protections are afforded federally.

• They verbally abuse you
• They spread rumors
• They fire you

Let’s start from the top of the list.

1. They verbally abuse you

   
   One way employers might retaliate against you is by physically or verbally abusing you after you take time off. For many, hopefully, it is difficult to imagine a boss treating employees that way, but for others, it is all too familiar. To help paint a clearer picture of what this kind of situation might look like for those who are unsure, let’s look at an example:
   Hayden is a construction worker who has been working with the same employer for two years in Southern California. He has not taken any time off before, but when he gets the stomach flu, he decides to cash in two of the sick days that he has accrued. He gives proper notice to his employer and does not think too much about work while he recovers, although he later learns that one of his coworkers screwed up something that Hayden would have been doing had he been there and the mistake was costly for their employer. When Hayden does return to work, he notices that his boss, Darryl, is harsher with him than normal. Over the next few weeks, whenever Darryl sees Hayden, he insults him or calls him a name, like “pansy.” Many of the insults are related to the idea of Hayden being weak, and Darryl refers to his flu in tones suggesting he does not believe Hayden was really sick. Having provided a note from his doctor, Hayden is not sure what else he could have done to avoid the situation he is now in. He no longer enjoys going to work because he is constantly worried his boss will be around making cruel comments and encouraging his coworkers to be similarly hostile.
   In this situation, Hayden took a sick leave he had earned and was punished for it in the way of verbal abuse. Darryl should not be acting this way towards his employee and could be liable for unlawful retaliation.

2. They spread rumors

   
   Maybe the last time you thought about rumors was in high school, back when for a lot of students, alleged scandals about delinquency or sexual activity were the nail in the coffin to a punishing social life. Hopefully, rumors have been less of a problem since then, but if your employer still has the instincts of the stereotypical high school bully, then you may end up suffering once more at the spread of vindictive gossip. One way some employers might retaliate against you if they are angry about you taking time off is by spreading rumors to turn your coworkers against you. Let’s take a look at an example scenario:
   “Garfield works as a masseuse at a resort in Northern California. One day, he is contacted by an organization he once signed up for that matches people to sick children who need bone marrow transplants. They discovered that he was a match for someone in San Diego. Excited at the prospect of saving a child’s life, Garfield requests time off from work to donate bone marrow. The organization recommends that he take as many days as he can so he can recover as much as possible before returning to work, so Garfield checks state law and asks for the maximum required five days off. When Garfield comes back to work after his leave, he notices that his coworkers are treating him differently. Eventually, he asks someone what’s going on and discovers that someone has been telling everyone at work that his leave of absence was to interview for other jobs because he didn’t like his coworkers. Shocked, Garfield asks around and eventually figures out that the person who started the rumor was his boss.”
   In this situation, it is possible that Garfield’s boss is spreading this rumor because he is upset about Garfield taking time off. If an easier resolution cannot be found, Garfield may end up resorting to a lawsuit against his employer for retaliation.

3. They fire you

   
   Perhaps one of the clearest forms of retaliation, firing an employee for taking protected time off is also often one of the most detrimental actions an employer can take to punish an employee. Let’s look at how a scenario like this might play out:
   “Greta has been working part-time as a legal assistant at a law office in Los Angeles with nine other employees for just a few months. She was pregnant when she was hired, but was not yet showing. When she started showing up, her employer did not seem very happy. At Greta’s last doctor’s appointment, she was told she needed to be on bed rest for the rest of her pregnancy due to some complications. Greta follows the proper protocol in informing her employer of her need to take pregnancy disability leave and providing the required documentation from her doctor. She estimates that she will be gone for about four months, about two months before the birth and about two months post-partum. Her employer, Greta, is upset about this and tells her she no longer has a job with him. He rants at her about trying to trick him and not telling him she was pregnant when he hired her. She leaves, seven months pregnant, and finds an employment attorney to discuss her options.”
   Greta’s employer, under California law, must provide her up to four months of pregnancy disability leave since he has more than 4 employees; it does not matter that she is a recent hire or that she works only part-time. He cannot legally fire her for requesting this time off, and because he fires her immediately after her request and rants at her about pregnancy, Greta could be very successful in suing him for wrongful termination.

If any of these situations sound familiar to you or if you believe you have been retaliated against in some other way for taking time off or for other legally protected activity, contact a labor lawyer. With their help, you may be able to get restitution.

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.

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Can an employer force you to resign? or is it legal for an employer to force you to quit?

If your boss fires you for an illegal reason, you can assume you should call a wrongful termination attorney to discuss a potential suit against the organization for wrongful termination at the very least, but what if you were forced to resign? Being “forced to quit” or “forced to resign” at first blush sounds a bit out of the ordinary. What does it mean to be forced out of your position, and if you were forced out, do you still have a claim against your ex-employer?  Usually, if an employee finds themselves in this kind of situation, he or she may bring a claim for wrongful termination and or breach of employment contract which came out of an employee’s forced resignation.  Below are five things you may not have known about being forced to quit.
 

• Being forced out of your job is an actual thing
• Were you pressured into quitting or resigning?
• It’s based on an objective standard
• Where is the line drawn?
• “I quit” doesn’t necessarily mean no claim

Let’s start from the top:
 

1.  Being forced to resign and out of your job is an actual thing

 
                Being squeezed out of your employment by your employer is a thing; it’s called “constructive discharge.”  Constructive discharge arises in situations where an employer actively tries to make the particular employee’s employment so unbearable that they are forced to resign or retire, which may be a reason to sue for wrongful termination and or breach of their employment contract. 
 
                In order to pursue a claim against an employer for construct discharge, an employee would need to prove it is more likely than not that their employer purposely made the employee’s work conditions unbearable or the employer knew the conditions were unbearable and did nothing to cease further occurrences.  Again, this is something a wrongful termination lawyer should analyze in order to decide whether there is a potential claim.

2. Were you pressured into quitting or resigning?

                What factors are taken into account in deciding if an employee really was constructively discharged? Although not an exhaustive list, there are certain features an Employment Attorney will consider in deciding if an employee was constructively discharged.  The features include a reduction in rank, a decrease in pay, a decrease in job responsibilities, harassment, including sexual harassment or harassment based on a protected class, and causing extreme humiliation, all of which amounts to forcing the employee to quit.
 
 

3. It’s based on an objective standard

 
                In deciding whether an employee was constructively discharged, the behavior of the employer is observed from an objective standpoint, not subjective. This means the employer’s acts are judged based on what a reasonable employee in that particular position would have found to be intolerable work conditions, not what the particular individual may find to be unbearable. The rationale is to avoid the allowance of overly sensitive employees to make claims but it also does not allow employers to escape a forced resignation lawsuit even if a particular employee is more tolerant than most.
 
                Keep in mind that in applying the objective view, even if the reasonable employee would find certain treatment to be upsetting or disappointing, those feelings are not enough to amount to an unbearable work environment.
 
                An employment lawyer will be able to apply the reasonable person standard to your situation and tell you if a reasonable employee would likely find the circumstances unbearable.

4.  Where is the line drawn?

                “Intolerable” or “unbearable” working environments are usually measured by how often the acts in question occur. For example,  the more frequent the conduct or harassment, the more likely it is considered insufferable. Also, employment law will likely classify a work situation as “intolerable” if it is abnormally antagonized. For example, Pam worked at a retirement home as a nurse. For several months, her boss had been continuously transferring her to different positions, placing her under the supervision of other employees who were less qualified than she was and also much younger.

Often, her boss would violently scream and torment her in front of other employees to the point where she could not get her work done because it was so distracting. Finally, Pam was forced to resign from her position because the constant disruption of being transferred as well as harassed daily was intolerable. Here, because the acts were continuous over an extended period of time, Pam’s Labor Attorney may be able to file suit against her employer for constructive discharge.
 
 

5.  “I quit” doesn’t necessarily mean no claim

                It would seem rational to assume that if an employee quits their job, they can’t turn around and sue their boss but that’s not always the case.  An employee quitting may be the end result of their employer’s behavior towards him or her in the workplace. If an employee decides to quit or resign due to the way in which they have been treated by their employer, under the forced resignation law the resignation may be classified as a termination. For example, George, an agent at a real estate company made a complaint to his boss about illegal practices conducted by the company. After he made the complaint, George was demoted to a lower-paying position and was forced to move his desk into the break room.

This put George at an extreme disadvantage on many levels, and above all, he felt humiliated, ultimately leading him to quit. Here, George was entitled to make a complaint about illegal practices at the workplace. Therefore, the demotion and moving his desk to the break room may all be forms of retaliation. George may also show he was constructively discharged because he was subjected to the demotion and lower pay, and his demotion was put on display for the whole agency to see in the break room. A discrimination attorney may be able to decipher whether George has a claim against his employer.
 
                Although it seems like an employee may not have a claim against their employer because they quit their job, depending on the circumstances he or she may be classified as “fired” regardless. If the employer subjected the employee to an unbearable work environment, the employee must consult a legal professional.  An employee who suspects they are heading toward constructive discharge should contact an employment attorney to discuss the facts of their case.

Can a company make you resign in California? or what is it called when you are forced to quit your job?

Can a company force you to resign? California law recognizes constructive firing (also known as constructive discharge or constructive dismissal). This is when an employer creates or knowingly allows such inhospitable conditions for employees that the worker feels no choice but to resign.

What should you do if you have to resign?

These are the steps you should take if your company made you resign.

1. Take a look at the alternatives. …
2. Ask about the options. …
3. Ask if you can renegotiate your resignation. …
4. Understand your benefits. …
5. Get a recommendation. …
6. Consider the situation an opportunity. …
7. Find out if a claim can be made.

What can I do to make my boss resign?

An employer may request that an employee resign voluntarily rather than being terminated. … Companies cannot force employees to quit. A company that is trying to avoid firing an employee can make it difficult for the employee to stay in their current job in the hope that the employee will eventually leave.

If you resign, can you sue for constructive disqualification?

If an employee resigns because their employer has seriously violated their employment contract, they can file a constructive dismissal claim. Examples include not receiving the agreed amount of pay without good cause.

How can you prove forced resignation?

Reports from co-workers about instances in which you were discriminated against because of the behavior of certain employees or your employer are one of the best forms of evidence.

Is forced resignation equivalent to being fired?

The employee decides to quit his or her job. This is often called quitting. The employer may terminate the employment. This is also known as being fired, terminated, or laid off.

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What is considered an invasion of privacy in the workplace?

People usually ask:

• Can I sue my employer for breach of privacy?
• What constitutes a violation of privacy?
• What can I do if my privacy is invaded at work?
• Do employees have a right to privacy in the workplace?
• What is the penalty for violating the Privacy Act?
• What is an example of a violation of privacy?

Unlike other states, California has a special protection of privacy written into its constitution, which says citizens have certain inalienable rights, including “pursuing and obtaining safety, happiness, and privacy.” Different statutes also provide specific privacy protections for California employees. For instance, employers cannot demote, suspend, or terminate employees for participating in conduct that is not illegal during off-duty hours (given that the behavior occurs away from the place of work). Employees have the right to sue employers for violating reasonable expectations of privacy, as measured by objective and widely accepted social norms.  This article describes a few of the ways in which employers are not allowed to invade the privacy of their employees. If you find that your legal rights in the workplace are being violated, it is a good idea to consult with an employment attorney, as the law can be complex and difficult to navigate for people who are not experts.

3 Examples of Invasions of Privacy in the Workplace:

• Drug testing in some cases
• The imposition of medical exams or questions about medical information
• Invasions of privacy related to social media

Let’s start from the top of the list:

1. Drug testing in some cases

Job applicants can be drug tested once they have received conditional offers, as long as they are all drug tested and it is not an issue of discrimination. For instance, an employer who only obliges African American applicants to take drug tests as a condition of employment would be in blatant violation of federal and state discrimination laws. For most jobs, random drug testing of current employees is typically considered unreasonable. Exceptions, of course, do exist and include employees who work in safety or security-sensitive roles. Employers who have reasonable suspicions about illicit drug use can do a drug test; it is random ones that are unannounced and not previously consented to that are most problematic. If you talk to a discrimination lawyer you will find out that Employers should have written policies about drug testing, which can be important to set employee expectations (recall that it is illegal for employers to violate their employees’ reasonable expectations of privacy).

2. The imposition of medical exams or questions about medical information

            Employers are not allowed to discriminate based on a medical condition or disability status. To this end, they generally cannot oblige employees to disclose the medications they are taking or to provide information about the internal state of their bodies. Generally speaking, employers cannot ask job applicants to reveal confidential medical information or to submit to medical examinations. However, once a job offer is made, an employer can make it conditional upon you passing a job-related medical examination (e.g. a fitness test for a firefighter that assesses specifically job-related duties). Of course, that means all entering employees in that kind of position must be required to do the same. One person cannot be singled out due to the employer’s belief that they have a disability, as that would be illegal discrimination. Additionally, even if a disability is revealed during such a medical exam, if the individual can perform the essential functions of the job with a reasonable accommodation (one that does not pose an undue hardship on the employer) then the employer cannot refuse to hire them. 

Moreover, medical records that an employer might have about employees for health insurance claims, workers’ compensation claims, or disability or medical leaves must be kept confidential. Your boss cannot go around telling all your coworkers that you have diabetes, for instance, if you only told your boss because you needed to take leave because of it and do not want that information shared with others. It is best for employers to keep medical documents separate from personnel files and kept in a secure location that only designated staff members can access.

A professional discrimination attorney can help you stop discriminating based on a medical condition or disability status

3. Invasions of privacy related to social media

            With the pervasiveness of social media in today’s world, it is likely no surprise that privacy concerns can be a huge issue for people who use it. Most employees do not want their bosses snooping on their social media accounts. Where else would they complain about their micromanaging and silly habits? To help address this issue, California enacted Labor Code Section 980 in 2013. Generally, it limits employers from accessing employee social media. The law bars employers from asking or demanding that an employee or job applicant do a few different things. For example, your boss cannot request or order that you tell them your username or password so they can access your personal social media.

Your boss also cannot require you to access your social media accounts in their presence (they don’t need to see that you complained about them twice last week!). Employers also cannot retaliate against an employee for refusing access to personal social media. However, employees who do not want their employers looking at their information online should ensure that their privacy settings hide their information from people whom they have not explicitly granted access to (e.g. Facebook friends).  

A related issue that comes up in the context of discrimination is employers using social media and having access to information that they are not legally permitted to use in the hiring process, like age/race/sex. Wittingly or unwittingly, people who make hiring decisions may discriminate against people based on membership in protected categories if they look up the social media profiles of applicants. Even if only your profile picture is available to the public, that can still tell employers your approximate age, gender, and race, which could bias their decisions. To avoid this problem, employers should employ a hiring system that erases the problem. For instance, a third party could be asked to look up the social media profiles of applicants and scrub all the details about things employers are not allowed to ask of applicants and then give only the relevant details to the person or people making hiring decisions.

            Do any of these situations sound familiar to you? If so, you may be a victim of a workplace privacy violation. If you think your reasonable expectations of privacy in the workplace have been violated or you have been wronged at work in some other way (e.g. discriminated against, sexually harassed, or retaliated against for protected activity), you may want to contact a labor attorney to see what you might be able to do about your situation.   

Veterans often have difficulties getting hired, in part due to widespread stereotypes and biases against them. Even when veterans get past that first stage and are hired (congrats!), they unfortunately still often have challenges to deal with in the workplace. They might find that they do not love the new job. Maybe their coworkers are cruel, scorning the military, or perhaps the boss is treating them differently than everyone else because of their status as a veteran. If you are a veteran and that sounds familiar to you, you are not alone. Luckily, veteran status is a protected class in California and employers are not allowed to discriminate based on that in the same way they cannot discriminate based on traits like gender, disability, or race. In fact, veterans have additional safeguards under federal and state law, as well, such as the right to reemployment after service with job security for a year for those who meet eligibility criteria. Although legal protections exist, employers and even coworkers can still violate your rights. This article will give a few examples of challenges veterans might face at work to help illustrate what to look out for in the workplace. If your rights are violated, an employment attorney can help you figure out what you can do about it.

1. Harassment from coworkers

One thing that most people can agree on is that doing a job becomes much more difficult when coworkers create an unwelcoming, even hostile, work environment. No one wants to go to work if they cannot count on being respected by their colleagues and boss. Because of negative stereotypes and personal biases, oftentimes people can act very poorly towards veterans, even if they do work with them. Harassment, though, is a form of illegal discrimination and in California, both employers and coworkers can be held liable for engaging in it (or, as an employer, permitting it). To get a sense of what harassment against a veteran could look like, let’s imagine the following:

Nick served in the Marine Corps for four years. When he returned, he was reinstated to his former position as a factory worker, but was let go after a year. After this, he spent a few months searching for a job before finding a place that hired him. His new job is similar to his old one, but he finds himself wishing he could go back to his old job because of his new coworkers. For the first few months at this job, Nick’s coworkers make him the butt of their jokes constantly, even though after the first few weeks, he told them to knock it off. With clear disdain, they make fun of things like his “military posture” and denigrate his morals, saying things like that he has “the blood of a killer.” Nick’s focus is constantly interrupted by anxiety over what he feels is bullying and he comes to detest going to work. Even his blood pressure has increased since starting this job. Eventually, he files a complaint with human resources.

Nick is in what appears to be a very hostile work environment due to the harassment by his coworkers. If nothing is resolved after he notifies the company about the discriminatory harassment, Nick could have a legal claim against his employer for permitting discrimination in the workplace. Note that harassment is not always so obvious; it can also come, for instance, in the form of rumors or inappropriate but not ill-intentioned comments. Regardless of how the harassment manifests, it can be very damaging to the victims and employers must protect their veteran employees from the suffering it can cause.

2. Denial of time off for medical leave

Veterans often suffer from serious health conditions related to their military service. Common conditions include amyloidosis, traumatic brain injury, respiratory cancers, musculoskeletal ailments, and depression. Federally, the Family and Medical Leave Act offers eligible employees under covered employers up to 12 weeks of leave in a 12-month period for a few different purposes, one of which is to deal with serious health conditions. Although this leave is generally unpaid, employees can use accrued paid leave during FMLA leave. This means that for veterans who have accrued paid leave from their civilian job during their military service (under a different federal law), they may be able to get paid time off for a serious health condition upon returning. Let’s look at an example of how a veteran might illegally be denied time off for a serious medical condition:

Tiana returned from military service two years ago. For a year and a half, she has been working full-time at the same big company. She has been diagnosed with clinical depression, which she is taking antidepressants for. Despite this treatment, she begins to notice that, as happened before she was on medication and at this job, she is finding it impossible to sleep, is irritable all the time, and no longer finds interest in her work or hobbies. When she realizes these symptoms of depression are severely interfering with her life and her job, she asks her psychiatrist if her medication might not be working as it should. Tiana is told that she can switch her antidepressants if she would like to, but recommends that regardless of whether or not she wants to take antidepressants, Tiana should take time off from work to do some inpatient therapy. When Tiana requests this time off from work, giving a short but sufficient explanation of why along with her doctor’s note to her employer, she is told that she doesn’t need time off; she just needs to spend more time in the sun.

Tiana’s employer, assuming she is subject to the FMLA, is breaking the law by denying Tiana time off to treat her serious health condition. There is a pervasive stigma against mental health disorders, but they are as debilitating as physical disorders, oftentimes more so, and they are covered by the FMLA. Veterans have increased rates of multiple serious health conditions compared to the general population, so it is important that their rights to treatment and healing time are not violated. Moreover, discriminating against an employee, veteran or not, based on a physical or mental health condition is illegal.

            Serving in the military is anything but a cakewalk. It involves an often highly dangerous job, time away from family, and for many returning veterans, it leads to workplace discrimination and denial of rights that should be afforded to them. With all that veterans have sacrificed for the country, it is well within their rights to speak out against unlawful behavior. If you are a veteran facing challenges like the ones above or you believe your rights have been violated in another way, contact an employment attorney. You deserve respect and fair treatment at work, and an employment attorney can help you get what you are entitled to if you are denied that.

For the past few years, there have been some disappointments for workers when it comes to their rights and their protection. Fortunately, where federal law fails, California has taken strides to ensure its workers have the rights and protections they deserve. Let’s take a look at some of the reasons California employees have to celebrate:

1. Wage-and-hour increases

There has been a lot of discussion about minimum wage lately. Federally, it has not increased since 2009, when it rose from $6.55 to $7.25 an hour. However, in California, the minimum wage is set to increase to $15 an hour by January 2, 2023. Right now, the minimum wage in California is $12 or $11 an hour, depending on the number of employees an employer has. However, some cities have higher local minimum wages, including Pasadena, Los Angeles, San Diego, and Berkeley. For many workers, this is something to commend.

Agricultural workers also have cause to rejoice because, in 2019, California just made it easier for them to receive overtime, or time-and-a-half, pay. Previously, these workers did not receive overtime pay until they reached 10 hours a day, or 60 hours a week. Now, there will be phased-in changes that, by 2025, will require all employers of agricultural workers to pay their employees for overtime after the much more standard 8 hours a day, or 40 hours a week.  For now, only agricultural employers of more than 25 employees will be affected, and they will be required to pay overtime when their employees work more than 9.5 hours a day, or 55 hours a week.

2. Improved protections against national origin and ancestry discrimination

While the California Fair Employment and Housing Act (FEHA) gave some protection to applicants and employees who are discriminated against based on their national origin, last July ushered in more expanded protections by broadening the definition of “national origin” and defining what counts as national origin discrimination.

The new definition of “national origin” encompasses a myriad of new elements, including marriage to or association with a national origin group, tribal affiliation, physical/cultural/linguistic traits associated with a national origin group, attendance/participation in schools or religious institutions typically employed by persons of a national origin group, membership in or association with an organization identified with or seeking to promote the interests of a national origin group, and name that is associated with a national origin group.

Furthermore, the updated definition of national origin discrimination includes, with some exceptions, the following: language restriction policies, discrimination based on accent or English proficiency, height and weight requirements, recruitment or assignment of positions/facilities/geographical area based on national origin, and inquiring into immigration status or discriminating based on immigration status.

3. Increased training on human trafficking and sexual harassment

For employees who are likely to come into contact with victims of human trafficking, employers must now provide at least 20 minutes of defined training and education about human trafficking. This will apply to employees whose jobs entail recurrent interactions with the public, like hotel receptionists and cleaners. This is something everyone can rejoice, including the employees who end up saving people from human trafficking situations.

In addition to human trafficking training, there are also new requirements concerning training about sexual harassment. By the beginning of 2020, all employers with at least five employees will be required to satisfy particular sexual harassment training requirements. Supervisors must receive two hours of training within six months of being in their position and then receive it again every two years. Employees who are not supervisors are mandated similarly, except the length of their training is one hour instead of two.

4. Improved protections against sexual harassment

There has been much recent legislation passed that was prompted by the MeToo movement. For example, one new law prohibits companies from demanding secrecy when it comes to settlements related to sexual harassment/assault and sex-based discrimination. That means victims will be able to speak out against abusers if they want to and will not be subject to non-disclosure provisions in settlement agreements. Hopefully, this law will help end repeated abuse by the same people with different victims, as harassers will not so easily continue to offend.  

5. More women on corporate boards

In some particularly exciting news, California is the first state in the U.S. to legally require gender diversity. By the end of 2019, publicly traded companies with headquarters in California will be required to have at least one woman on their boards of directors. Moreover, by the end of 2021, boards with five directors must include two women minimum, and boards with six or more directors must include three women minimum. This is good news not just for women, but for everyone, as substantial research indicates that companies perform better and turn a bigger profit when women are on the boards (e.g., Credit Suisse, Catalyst, Peterson Institute for International Economics, University of California Davis, etc.). Moreover, this new legislation does not require men to lose their board member positions, as companies are permitted to increase the number of board members.  

6. More accountability for worker safety

While at the federal level, employees are seeing less protection against workplace injuries and illnesses, in California, recent developments further protection for workers. Among other things, the Division of Occupational Safety and Health, also known as Cal/OSHA, now has five years, instead of only six months, to give citations to employers who fail to record injuries or deaths accurately. That means increased accountability for employers and increased protection for workers.

            Hopefully, this list provided some comfort or satisfaction to California employees. Workers constitute the backbone of a society, and the current California legislators seem to realize this. Under Governor Gavin Newsom’s leadership, it can be expected that worker protection will continue to be a priority.

Of course, despite legislation, there are still violations of rights and because of this, it is vital for employers and employees to understand the laws that affect them. If you think your rights as an employee have been violated, you should talk to an employment attorney to see what can be done to rectify the injustice.

While you can ask Siri what the weather will be or perhaps ask Alexa “what is the meaning of life?”, you can’t really get accurate legal advice from either. Artificial intelligence is on the rise but it still has yet to replace lawyers.  In many ways, artificial intelligence cannot replicate the work specifically of an Employment Attorney.  This is because an Employment Attorney must critically analyze the facts of a case, take into account personal traits and attributes of a client, consider salient features of a case, negotiate with opposing counsel, interview and cross-examine witnesses, gather evidence, and connect with their client as legal proceedings can be emotionally trying. 

Bringing a claim against your employer is a decision that deserves the careful consideration of a skilled professional, as it involves legal proceedings, your time, possibly spending money, and even risking losing the opportunity to have your day in court if you don’t have the right information or knowledge of the law.  With all of these possibilities in mind, would you really prefer a computer to be the one who decides the angle of your case? Being a lawyer requires a great deal of interacting with people and understanding current human constructs and how they interact with the law which is why employees should save the question “was I discriminated against at work” for an Employment Attorney.

Who can be a victim of discrimination?

There are certain classes and characteristics of people protected by law. These protected classes and characteristics include but are not limited to age, race, gender, sex, sexual orientation, maternity status, marital status, military or veteran status, medical condition, and disability.

Was I discriminated against at work?

Whether or not you were discriminated against at work is not always going to be answered with a straight “yes” or “no” answer. If an employee felt like they were being discriminated against at work and met with an Employment Attorney, the Employment Attorney would ask lots of questions about the employee’s situation.  Obtaining details of the individual’s situation and asking follow-up questions is a skill that the attorney may use to decide if and how the employee was discriminated against.

There are a number of protected classes, categories characteristics that may be the basis for employment discrimination. Gender discrimination is an example of how a particular person can be a target of unlawful treatment.  As mentioned previously, gender is considered a protected class according to California employment laws. This means that it is prohibited by law for an employee to be discriminated against in the workplace because of their gender.  With all the recent issues of sexual harassment in the media, employees may currently be exposed to gender discrimination. For example, a female manager may go out of her way to only hire other female employees because she does not want men in the office.  In addition, the female manager may begin weeding out remaining male employees by finding reasons to demote them, cut their hours, reduce their pay, and even fire them.  Here this may be an example of gender discrimination because only the male employees were being treated adversely which demonstrates a pattern of discriminatory behavior towards the male employees.

Another example of discrimination may be based on an employee’s age.  Age is considered a protected class for employees who are 40 years of age and older.  Being over 40 years of age and being singled out because of the employees age may be the way age discrimination is spotted. 

An employee may be considered a victim of age discrimination if negative comments are made towards him or her about their age such as, “You are getting too old for this job” or “The Company needs a more youthful perspective on this project.” Also, an employee being singled out based on age may endure mistreatment such as being passed up for a promotion or being replaced by a younger employee who is significantly under the age of 40. 

Disability is another protected class under both California and Federal laws.  An employee who has a particular disability that is recognized by California law may be victimized by discriminatory treatment.  Like gender and age discrimination, disability discrimination can be exercised through treating the person with a disability differently compared to other employees based on the fact that he or she has a disability. This could include teasing, name calling, cutting hours, reducing pay, and/or depriving the employee of employment benefits just because they have a disability.  Disability discrimination can also be identified when an employer refuses to provide reasonable accommodations for the employee’s disability. By law, an employer is required to make reasonable adjustments for an employee with a disability and refusing to do so is unlawful. 

Knowing what legal questions to ask, including follow-up questions, is a skill that technology has yet to replicate in the capabilities of artificial intelligence.  Each case is unique and deserves the attention and time of a skilled employment lawyer in order to ensure that no detail slips through the cracks.

What are some examples of discrimination?

Discrimination can be exercised in many ways.  Sometimes discrimination can come in the form of a verbal comment or even in an email.  In some cases, those who choose to discriminate can get crafty with their harassment/discrimination by using visual aids as a tool to mistreat an employee such as cartoons, posters, videos, photos, or even acting out certain movements with their own body.  It is also possible for discrimination to be demonstrated through teasing, making jokes, singling out, and bullying

Keep in mind that in all the ways in which discrimination can be exercised, it must be based on or motivated by the victim belonging to a protected class. For instance, an employee could be picked on or teased because they wear their hair in a unique way, but that would not usually be grounds for a discrimination claim unless it was tied to protected class or activity. 

                The legal profession and lawyers today are still safe from having their jobs taken over by the artificial intelligence personalities that Apple and or Amazon have created.  At least for now.  If you are an employee and have been discriminated against or you are not sure if you have been discriminated against in the workplace, instead of asking your smart-phone, ask an Employment 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!