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June 2018 Archives

Women files lawsuit for disability discrimination at hospital

Everyone in California is injured from time to time. It is one of the unfortunate facts of life. The hope is that the injury is minor and does not affect the person's life in a major way. However, some injuries require surgeries and rehabilitation or simply need time to heal before the person can go back to doing all the normal activities in their life. These normal activities can include going to work and some people are unable to work while they recover.

Types of compensation victims of sex discrimination may receive

It is important for all employees in California to be treated equally in the workplace. There are even many laws that are in place to force companies to treat all their employees equally. Despite these laws though there are many employees who are discriminated against and one class of employees who have been discriminated against for a long time is women. This discrimination comes in the form of not being promoted to top positions in the company, less pay, sexual harassment and other forms of sex discrimination.

Companies use downsizing to hide age discrimination

Even with a red-hot economy in California, businesses will often look for ways to reduce or eliminate costs through reorganization or downsizing. Employers have always used layoffs as a convenient means of shedding workers who don’t measure up to their standards. Outright firing them opens up the company to possible litigation, so finding a financial or organizational reason to lay off personnel is seen as less contentious. But in a non-union employment environment, businesses aren’t required by contract to let workers go based on seniority. In short, in an at-will employment world, the company can selectively lay off any employee they want.

Whistleblower receives over $1 million after retaliation

There are many charitable organizations in California who provide very important services for people with few resources. These organizations provide food, shelter, medical help and many other services as well. While these organizations are generally not in the business of simply making money like many for profit companies, there are still many rules that they must follow. The most important is that they need to ensure that the people they serve are not harmed and that the people running it do not take advantage of them.

Can an independent contractor ever sue for wrongful termination?

People in California work many different types of jobs and also work in many different capacities. Some are the owners of their companies or are self-employed in some way. Others are formal employees for a company and others are somewhat in between self-employed and being an employee and work as independent contractors. When someone is an independent contractor, they are not employees and therefore generally do not have the same protections as employees.

Time limits for filing retaliation claims for OSHA violations

There are many different industries and companies in California. These industries produce different products or provide various services and each is governed by various laws and regulations. Generally these laws and regulations are designed to ensure the safety of the employees who work for the companies and also to ensure the safety of the general public. Many of the regulations designed to protect the general public are in place to ensure that harmful chemicals and toxic material is not be put into the environments that people live in.

What are employers allowed to ask regarding gender identity?

Most employers know that they are not allowed to discriminate against their employees for many different characteristics. These include their race, age, sex, national origin, disability and for many other reasons. However, recently there has new guidance on transgender discrimination against transgender employees and those with different gender identification. Many employers may also have certain biases against them or simply not understand. Therefore, many employers may discriminate against these employees.

When does an at-will employee have an implied contract?

California is an at-will employment state. That means that most employees can quit for any reason at any time and the employer cannot do anything about it. This also means that the employer can fire an employee for almost any reason at any time as well. However, there are some restrictions on employers and they cannot fire employees for discriminatory reasons or as retaliation for reporting illegal activity or participating in investigations.

Uber sued by former employee for sexual harassment

There have been many companies who have recently been sued for sexual harassment as the #metoo movement has grown. This movement not only seeks to punish those who have allowed sexual harassment in the workplace in the past, but also change the culture in the workplace where that type of behavior was common. However, in order to force change one usually has to hold the company accountable through lawsuits.

Unpaid interns are protected from workplace discrimination

Internships are no longer perceived as an opportunity to grow your skills over the summer; they are a necessity for college students and graduates who want to stay competitive when entering the workforce. Most college students are not concerned about the disadvantages that come with internships, being paid or unpaid. 

What are the potential damages in a whistleblower lawsuit?

There are many different types of companies in California and each must follow various regulations. Some of these regulations are specific to certain industries and some must be followed by every type of company regardless of the industry they are in. Many of these include violating the various laws that protect certain classes of individuals. These protected classes include sex and sexual orientation, age, race, disabilities and other classes.

New regulations expand national origin definition and protections

People that live and work in California have come from many different countries. Some have come to California as adults, others may have been born here, but their parents came from different countries. Others may have different national origins, but their families have been in the state for generations. However, despite the differences in their national origin, they all must be treated the same in the workplace.

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