Los Angeles Employment Lawyer Blog

CALIFORNIA EMPLOYEES WHO SUFFER FROM BIPOLAR DISORDER CANNOT BE DISCRIMINATED AGAINST AT WORK

2008-07-25T11:35:48Z

Bipolar disorder affects a large number of California employees. People who are bipolar or manic depressive experience one or more manic or mixed episodes often accompanied by depressive episodes. Experts say 1 out of 25 Americans suffer from bipolar disorder. Bipolar disorder is an illness that affects your feelings, behavior, thoughts, perceptions, how you feel physically and can even affect how you work. If you are bipolar, the American Disabilities Act says it is up to you whether or not your share your disability with your employer.

While the ADA also makes it illegal to discriminate against a person with a disability as long as the person can perform the essential functions of their job, these employees are still often the victims of discrimination, harassment, or retaliation in their work place. An experienced employment lawyer can ensure that your rights and needs as an employee with a disability are being taken care of. It is the law that an employer reasonably accommodate the needs of a disabled employee. According to a recent case against Wal Mart, if your employer is aware that you suffer from a disability, such as bipolar disorder or manic depression, he is required to work with you to see if you can be reasonably accommodated.

Have you been a victim of discrimination in your work place as a result of your manic depression? If you live in California, call the experienced employment attorneys at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) now! You will receive a free consultation regarding your legal rights and hear how one of our experienced employment lawyers may be able to help you.

RIVERSIDE WRONGFUL TERMINATION LAWYERS

2008-07-25T03:26:01Z

Riverside, California is the home to many employees. If you are one of the over 300,000 residents who call Riverside home and have been fired or terminated from work without just or authorized cause, then you might have been wrongfully terminated and need an experienced employment attorney. Wrongful employment cases in California are difficult to prove, which is where the assistance of an employment lawyer will be very beneficial for you.

At-will employees make up the majority of employees in California. While an at will employee in Riverside, or any where in CA, can be fired at any time, an employer cannot fire an employee in violation of public policy or due to retaliation or discrimination. These are a few exceptions provided by Federal and California law. One of our knowledgeable employment attorneys can help you determine if your case also falls under one of the several exceptions covered by law.

If you live in Riverside, California, and you feel like you have been the victim of wrongful termination, or fired without good reason, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO). Not only have our experienced employment attorneys practiced successfully for years in Riverside, CA, but our employment attorneys understand California employment law and know your rights. Call now for a free consultation regarding your wrongful termination claim and to hear how one of our knowledgeable employment lawyers may be able to help you.

FEMALE APPLICANTS SETTLE A SEX DISCRIMINATION CASE AGAINST ZACKY FARMS IN CALIFORNIA FOR NOT GETTING HIRED BECAUSE THEY WERE WOMEN

2008-07-23T19:14:22Z

Recently over 600 female applicants settled a gender discrimination case against Zacky Farms in Fresno, California. These potential female employees said they were not hired for a certain position at the company because they were women. Not only did Zacky Farms pay the women who were discriminated against $325,000 in damages, but they also agreed to hire over 130 of the women who had brought the discrimination charges. If you have been discriminated against because of your gender, an experienced employment attorney can help you recover.

Both Federal and California law prohibit an employer to discriminate against an employee based on sex or gender. Federally, Title VII of the Civil Rights Act of 1964 prohibits discrimination in the workplace. Examples of discrimination include hiring, firing, demoting, and/or providing benefits to one group (race, religion, gender) but not another. What it comes down to is that if you have been treated differently because of your sex (male or female) and the different treatment has negatively affected the conditions or terms of your employment, you need to call an experienced employment attorney now.

The women in Fresno, California stood up for their rights and you should too. If you live in California and you believe that you have been or are currently the victim of sexual discrimination or discrimination of any sort, call the California law offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) today. Your consultation is free! And you will have the chance to speak with one of our experienced employment attorneys to hear how we can help you.

DOES MY EMPLOYER HAVE TO REASONABLY ACCOMMODATE MY DISABILITY?

2008-07-22T16:06:08Z

Do you have a disability? Your employer must work with you, the employee, to reasonably accommodate you and your disability. In a recent employment disability case against Wal Mart, the court found that it is the responsibility of the employer to participate in an “interactive process” and to work with a disabled employee to determine whether the employee’s disability can be reasonably accommodated. Since the exact definition of "interactive process" was not given by the court, an experienced Southern California employment lawyer can assist you in determining whether your employer has engaged in this process to accommodate your disability.

Your disability could be physical (obesity, deafness, or diabetes to name a few) and/or mental (such as depression, Bipolar Disorder, or ADHD). You can find a partial list of recognized disabilities here. And though it is generally your responsibility as the employee to inform your employer that an accommodation for your disability is needed, if your employer is conscious of or perceives a disability he might be obligated to provide reasonable accommodations for that known or perceived impairment.

Both California and Federal law protect you if you are disabled. If you live in California and are suffering from an acknowledged disability but your employer is not working with you to provide reasonable on-site accommodations for your disability, call the informed employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment attorneys may be able to help you. We are here to help you.

HANDS-FREE DRIVING IN CALIFORNIA: YOUR EMPLOYER MAY BE REQUIRED TO PROVIDE YOU WITH A HANDS-FREE DEVICE

2008-07-22T04:43:32Z

If your employer reimburses you for business-related cell phone charges or provides you with a company cell phone, your employer should provide you with a hands-free device or at least reimburse you for the expense of purchasing one on your own. If your job requires that you use your own cell phone while on company business, the expense of outfitting the phone with a legal hands-free device must be paid by the employer. An experienced California employment attorney can help you determine if your employer should be providing you with or compensating you for purchasing a hands-free device to use while you are driving.

As of July 1, 2008 the long-awaited California Wireless Telephone Automobile Safety Act is in effect. How does this new California law affect your rights as an employee? This law prohibits drivers over the age 18 from using handheld wireless telephones while driving, unless the device allows for hands-free listening and talking. A person whose cell phone has speakerphone capabilities can use the speaker phone function while driving. Though text messaging while driving is not against the law as of this time, a police officer can cite you for texting while driving if he feels you are distracted as a result of the texting.

Your employer may not insist that you violate the law when carrying out your job responsibilities. Your employer might be violating the new cell phone law in California by demanding that you continue to use your company cell phone while driving but not providing you with a hands-free device such as a Bluetooth or other ear piece. If you are in California, call us now at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment lawyers may be able to help you.

“CAN I BE FIRED FOR BEING OBESE?” A CALIFORNIA DISCRMINATION LAWYER CAN HELP.

2008-07-21T03:17:12Z

Are you considered morbidly obese? Is the cause of your obesity physiological? If so, your employer cannot discriminate against you solely for this reason, which means that they cannot fire you for being morbidly obese as long as you are able to perform your job. Obesity, by its medical definition, is a disease in which excess body fat has accumulated to such an extent that your health may be negatively affected. Your BMI must be greater than 30 to be considered medically obese. Morbid obesity occurs when a person is over 100 lbs overweight or their BMI is over 40. Not only is morbid obesity an individual condition, which can lead to the contraction of diseases such as hypertension, diabetes, and heart disease, but it is a growing health problem in the United States and California. Over 64.5% of American adults considered to be overweight or obese. An experienced employment lawyer can help you make sure you receive the same treatment your non-obese co-worker receives and that you do not suffer disability discrimination. Please visit our webpage on Obesity Discrimination to learn more about your rights.

Many factors can contribute to morbid obesity. These factors include overeating or binge eating, stress, genetic predispostion, insufficient amount of exercise or sleep, to name a few. Your employer might be discriminating against you if he does not allow you to miss work for medical appointments or allow you to take a reasonable amount of time off work. If you are disabled as a result of your obesity, your employer also needs to provide you with reasonable on-site accomodations.

If you are classified as disabled as a result of your morbid obesity, are able to perform the essential functions of your job, but still feel your employer has discriminated against you due to your disability, the experienced employment attorneys at Greenberg & Rudman might be able to assist you in protecting your rights. If you are in California, call us now at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment lawyers may be able to help you.

CAN MY EMPLOYER DISCRIMINATE AGAINST ME BECAUSE OF MY ETHNIC BACKGROUND OR NATIONALITY?

2008-07-19T18:29:47Z

The answer is No! An employee cannot be denied a promotion based on their national origin. The term “national origin” broadly refers to the country where you are born or where your ancestry comes from, and includes any display of the physical and cultural traits of a particular national group and is different from race discrimination. Your national origin is listed as its own protected category under the law, and though it is separate from race discrimination, an experienced employment lawyer will help you determine if you have two causes of action. Federal and California Law prohibit discrimination or harassment against an employee due to your race, age, national origin, religion, or disability. In California, the Fair Employment and Housing Act specifically prohibits race, color or national origin discrimination in hiring, training, or in the terms, conditions, or privileges of employment.

Do you believe that you were fired, overlooked for a promotion, or not hired because of your national origin or heritage? Are you being harassed at work due to where you were born or your ancestry? So long as you were qualified for the position in question, it is illegal to be denied a promotion because of your race, age, national origin, religion, or disability and it is illegal to harass you once you are there. Also, being fired from your job or not being hired for a job as a result of your national origin is illegal. An experienced attorney can help you determine if you were discriminated against based on your national origin. One way your employer can discriminate against you and your national heritage is by requiring that you and other employees only speak English in the workplace, which might place you at a disadvantage if English is not your primary language. It is also against the law for your current employer or a potential employer to ask you the origin of your last name, where you come from and/or whether or not you are of a mixed race unless it is done with the express purpose of complying with government laws regarding the reporting of ethnicity information. If you are denied equal employment opportunity because of your place of origin or ancestors’ place of origin, or because of you show the physical, cultural, or linguistic characteristics of a national origin group, your employer is breaking the law and an experienced employment lawyer will help you defend your rights.

If you suspect you have ever been fired or have not been hired or promoted because of national origin discrimination, call the employment law offices of Greenberg & Rudman LLP now! You can reach one of our experienced California employment attorneys at 1-800-ALAWPRO (1-800-252-9776) and receive a free consultation regarding your legal rights.

SEXUAL HARASSMENT AT WORK IS A GROWING EPIDEMIC IN CALIFORNIA. CONTACT A LAWYER IF YOU ARE A VICTIM.

2008-07-19T03:38:21Z

Are you the victim of sexual harassment on the job? Cases of sexual harassment in the workplace have increased in since 2007. Sexual harrassment is a form of sex discrimination. The legal definition of sexual harrasment is “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.” One must be careful to note that conduct that is welcome, even if it is sexual in nature, is not considered sexual harassment. One way to be certain that the offender knows his or her conduct is not welcome is through communicating (verbally, in writing) to that person that their behavior makes you uncomfortable and that you would like them to stop. Both Federal law and California law prohibit sexual harassment in the workplace. It is also illegal for your employer to retaliate against you for reporting sexual harassment in your work place.

How do you know if you are a victim of sexual harassment? Examples of sexual harassment, when the behavior is severe, persistent, and unwelcome, include:

Verbal or written comments about your clothing, personal behavior, or your body

Sexual or sex-based jokes or innuendoes

Requesting sexual favors or repeatedly you out on a date

Spreading rumors about your personal or sexual life

Assault or threats of assault

Inappropriately touching your body or clothing such as kissing, hugging, patting, stroking

Derogatory gestures or facial expressions of a sexual nature

Posters, drawings, pictures, screensavers or emails of a sexual nature

Also, you might be the victim of sexual harassment if your employer has harassed you because you are female or because you are male. Although one single instance of rude or sexual behavior might be offensive, it might not be considered sexual harassment. However, if you are fired, refused a promotion, demoted, given a poor performance evaluation, or reassigned to a less desirable position because you rejected a sexual advance, or because you reported the harassment, that almost certainly constitutes sexual harassment. An experienced employment lawyer can help you determine if you are the victim of sexual harassment.

If you live in California and believe you have been sexually harassed in your work place, either by your boss or another co-worker, call the experienced employment lawyers at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 now for a free and confidential consultation. Stand up for your rights as an employee and call 1-800-ALAWPRO. We’re here to help.

ANAHIEM EMPLOYMENT LAWYERS

2008-07-16T21:20:50Z

Anahiem, California, as many of us know, is home to Disneyland; along with many other amusement parks and sports stadiums. The second largest city in Orange County, with a population of almost 350,000, Anaheim can proudly boast of its booming tourism industry. With the amusement parks, the numerous hotels and resorts, the baseball stadium, and the Anahiem Convention Center, many Anaheim and Orange County residents are employed in the tourism industry. While as those of us who are in the tourism and hospitality industries understand that the customer comes first, employees in these lines of business need to remember that their workplace needs cannot be sacrificed as a result of this need to please the customer.

A hostile work environment is never acceptable. Whether the hostility is a result of sexual harassment or race, national origin, religion, or gender discrimination, an experienced employment lawyer can help you determine if you are the victim of an unhealthy work environment. With almost half of Anaheim’s population made up of Latinos or Hispanics and another large percentage consisting of Asians and African Americans, the residents of Anahiem, California are diverse. This diversity among the residents of Anaheim might lead to diversity in the work place, which can often create tension and hostility.

Do you believe you have been a victim of racial, national origin, sexual orientation, or religious discrimination in your work place? Or have you been sexually harassed by your employer or another co-worker? An experienced employment lawyer can help. Our employment lawyers have practiced for years in Orange County and know how to fight for your rights. Call our employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation in California regarding your legal rights and to hear how one of our experienced employment lawyers may be able to help you.

SUFFERING FROM DEPRESSION? CA LAW SAYS THAT YOUR EMPLOYER MUST RECOGNIZE YOUR DISABILITY AND CANNOT DISCRIMINATE AGAINST YOU

2008-07-16T16:07:52Z

If you are clinically depressed, your employer must respect your condition and cannot discriminate against you because you suffer from depression. Depression is more than a passing mood. It’s more than momentary sadness. Depression is a is a mental health disorder that can affect the way you eat and sleep, the way you feel about yourself, and the way you think about things. Depression cannot just be “willed away” and is in fact a medical condition with a clinical diagnosis that deserves serious attention.

How do you know if you are depressed? Some symptoms vary according to the person and can change over time. Several symptoms include:

Feelings of hopelessness, pessimism

Feelings of guilt, worthlessness, helplessness

Loss of interest or pleasure in hobbies and activities that were once enjoyed

Decreased energy and fatigue

Difficulty concentrating, remembering, and/or making decisions

Insomnia, early-morning awakening, or oversleeping

Appetite and/or weight loss or overeating and weight gain

Thoughts of death or suicide; suicide attempts

Restlessness, irritability

Persistent physical symptoms that do not respond to treatment, such as headaches, digestive disorders, and chronic pain

Fortunately, there is help for you if you suffer from depression. This includes psychotherapy and counseling as well as anti-depressant medication. If your depression is shown to be a disability, an experienced employment lawyer can help you make sure that your employer does not discriminate against you. If you live in California and you feel your employer has discriminated against you as a result of your depression by not allowing you to take time off work for counseling sessions or medical appointments, or not providing you with reasonable on-site accommodations for your disability, call the experienced employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment attorneys may be able to help you. Your call is completely confidential, and we are here to help.

EMPLOYEES IN LONG BEACH, CA CAN DEFEND THEMSELVES AGAINST DISCRIMINATION IN THE WORK PLACE.

2008-07-15T10:01:06Z

According to a recent USA Today survey, Long Beach, California is the most ethnically diverse large city in the United States. Because Long Beach is such an ethnically and racially diverse city, an employee may end up being the victim of racial, national origin, religion, or gender discrimination. Title VII, a Federal law, specifically prohibits intentional discrimination, as well as neutral job policies that disproportionately affect employees of a certain race or color and that are not related to the job and the needs of the business.

With a population of over 460,000, Long Beach is also one of the largest cities in Los Angeles County. Residents of Long Beach, known for the Port of Long Beach, are entitled the same rights as an employee as a resident of a smaller town. An experienced employment lawyer who is familiar with Long Beach will be able to help you ensure that your needs as an employee are being taken care of.

If you live in Long Beach, California, and you feel like you have been the victim of any type of discrimination in your workplace, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO). Our experienced employment attorneys understand the law and know your rights. Call now for a free consultation regarding your legal rights and to hear how one of our knowledgeable employment lawyers may be able to help you.

DRUG USE OUTSIDE THE WORKPLACE- CAN YOUR EMPLOYER HOLD YOUR CURRENT OR PREVIOUS DRUG USE AGAINST YOU?

2008-07-15T05:54:28Z

In a recent court case, a New Mexico judge ruled that a woman who had admitted to her employer that she had smoked marijuana could not be fired or discriminated against as a result of her drug use and awarded her $25,000 in damages. The woman, a 911 employee, informed her employer that she had smoked marijuana two years before. Along with two other employees, she was fired for admitting her drug use. The two other employees were given the opportunity to appeal their termination. The New Mexico woman was not given the same opportunity.

The woman claimed that her employer, the Mesilla Valley Regional Dispatch Authority, had singled her out because of complaints she had made about a supervisor. Or, in other words, the woman stated that she had been retaliated against by her employer. Retaliation is illegal both in California and throughout the United States.

Retaliation occurs when an employer takes an adverse (such as termination, refusal to hire, or demotion) against a covered individual because he or she engaged in a protected activity. A covered individual is an employee who has opposed unlawful practices, participated in proceedings, or requested accommodations related to employment discrimination based on race, color, sex, religion, national origin, age, or disability. In this case, the protected activity was filing a lawful complaint against her employer/supervisor.

Do you believe you have been discriminated against or retaliated against for admitting your past drug use? Experienced employment lawyers might be able to help you recover damages for any pain, suffering, or lost wages you may have incurred as a result of retaliation. Call our employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation in California regarding your legal rights and to hear how one of our experienced employment lawyers may be able to help you.

DOES YOUR EMPLOYER ALLOW YOU TO TAKE MEAL BREAKS AND REST PERIODS? CA LAW REQUIRES THEY MUST.

2008-07-12T19:14:21Z

In CA, it is the law that your employer allows you to take a 30 minute meal break for every 5 hours you have worked, if your work day is longer than 6 hours. Even if your work day is less than 6 hours, you must agree to waive your right to a meal break with a written agreement between you and your employer. The California Labor Code also requires that employers permit employees to take a rest period lasting at least 10 minutes for every 4 hours worked. There are very few exceptions to the California meal break and rest break rules and an experienced lawyer will be able to help you make sure your rights as a CA employee are being protected.

Additionally, the law in CA provides that if you qualify for a meal period and your employer fails to provide you with one, your employer owes you one hour of pay at your regular rate of compensation for each work day that the meal period is not provided. The law in California is very protective of your rights as an employee, which include the right to take meal and rest breaks. It is illegal in CA for your employer to ask you to waive your meal break or to make you take your meal break at the beginning or end of your shift. For example, if your shift is 8 hours, your employer cannot demand that you take your meal break after 7.5 hours of work, and then send you home. The law clearly states that for certain employees, a meal break is required after 5 hours of work. An experienced employment attorney will help you determine if your meal break and rest period rights are being violated.

Talk to your employer to ensure that you are receiving the meal breaks and rest periods you are entitled to as a CA employee. If you feel like your employer is not providing you with the appropriate breaks, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights in California and to hear how one of our experienced employment attorneys may be able to help you. Your call is completely confidential, and we are here to help.

WALMART ORDERED TO PAY OVER $6 MILLION FOR NOT COMPENSATING ITS EMPLOYEES FOR OVERTIME HOURS WORKED

2008-07-12T05:13:22Z

A judge found Wal Mart guilty of breaking over 2 million labor laws, including requiring hourly employees to work off-the-clock during training and denying its employees full rest or meal breaks, in a very recent court case. Both federal and California state laws require that an employer pay its employees for overtime based on a certain number of hours the employee works each week. An experienced employment attorney can help you determine if you are not being paid for the hours you are working over time. A California employment lawyer can also make sure you are receiving the meal and rest breaks you deserve.

This is the latest of several court cases in which WalMart has been found guilty of not protecting the interests of its employees. Wal Mart is no different from any other employer in that it is up to an employer to make sure he has you, the employee’s, best interests in mind and provides you with a secure and law-abiding work environment. This might include compensating you if you have worked overtime and providing you with meal and rest periods.

If you believe that your rights as a California employee have been violated because you are not being compensated for hours you worked overtime or you are being prevented from taking meal and rest breaks, the California law offices of Greenberg & Rudman LLP are here to help. To speak with one of our experienced employment attorneys and hear how we might be able to assist, call Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation now regarding your legal rights.

EMPLOYEES HAVE A RIGHT TO PRIVACY REGARDING THEIR TEXT MESSAGES EVEN WHEN SENT ON A MOBILE PHONE PROVIDED BY AN EMPLOYER, AS RULED BY CALIFORNIA JUDGE

2008-07-10T09:12:07Z

In a recent California case, the court determined that an Ontario, California police officer had the right to expect his text messages would be private and not read by his employer, even though he was using a cell phone provided by the Ontario police Department. According to the Fourth Amendment of the US Constitution and the CA Constitution, an employee has a reasonable expectation of privacy in his text messages. The CA Appellate Court decided this was the case even though the City, the police officer's employer, had informed the officer that he should have no expectation of privacy or confidentiality when using these resources. Additionally, the officer signed a form stating he understood that the City reserved the right to monitor and log all network activity including e-mail and Internet use, with or without notice. Still, the CA court determined that the employee's rights were violated by this unlawful search.

While emails sent using the company's server are not usually protected by the Fourth Amendment, the text messages you are sending on your company's phone might be protected from your employer's eyes. This means your employer cannot fire you, discriminate against you, or mistreat you because he has (probably unlawfully) read your text messages. An experienced California employment lawyer will help you determine if your rights are being violated.

Has your employer been reading your text messages? Has she also been treating you differently or discriminating against you as a result? If you live in California and you feel like your privacy has been violated or that you have been discriminated against as a result of your privacy being violated by your employer, call us at now at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) in CA for a free consultation regarding your legal rights and to hear how one of our experienced employment attorneys may be able to help you. Your call is completely confidential, and we are here to help.