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Top 6 Tips For Hiring The Right Employment Lawyer
Do you know what is the top 6 tips for hiring the right employment lawyer? Deciding to pursue a lawsuit can be a serious decision within itself but choosing who will represent you in your suit is an even greater choice. Employment law issues are usually handled in civil law. This factor merely narrows your search to lawyers who practice civil litigation. Where do you go from there? So many factors need to be taken into account in choosing an Employment Lawyer. Any firm or Employment Lawyer can put together a website but having a website is not the telltale sign of a good lawyer. Below are some points to consider in your search for legal counsel.
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Who's side are you on?
Although there are many candidates in choosing an Employment Lawyer, it is imperative to select an Employment Lawyer who is best suited for your particular case. Firstly, you need to find out if your case is actually an employment case, meaning the issue pertains to something that happened at work or between you and your employer. Secondly, you need to figure out whether you need a defense lawyer on the employer side or a lawyer who represents employees on the plaintiff side. So if you are an employee, who needs representation in a claim against your employer, you will need an Employment Lawyer who works on the plaintiff side. If you are being sued by an employee you will need a defense lawyer.
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This ain't my first rodeo
What is the nature of your case? The lawyer you choose needs to have experience in your particular claim. Employment law firms focus on certain areas of employment law. Some firms consider themselves a general practice. Other law firms have handled more cases in a particular area of employment law than other firms. Taking all of this into account, it is in your best interest to find an Employment Lawyer who has had experience as well as success in cases similar to your situation. For example, if you are being sexually harassed at work you should seek an Employment Lawyer who focuses on sexual harassment cases. If you are of a certain race and you feel that your boss picks on you and writes you up for bogus reasons because he does not care for your race, then you want to look for an Employment Lawyer who has handled many cases in discrimination law. Alternatively, you may need a wrongful termination lawyer if you reported illegal activity like patient abuse but as a result, your employer fired you from your job. There are also employment lawyers who exclusively fixate on wage claims which have to do with employee payment. Some lawyers have experience in leave of absence cases such as employees who take a leave due to a severe illness.The laws that regulate employment law are vast, therefore you need to find a lawyer who has handled cases in the past that are similar to your case.
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Get a free consultation
Because you are searching for the right lawyer for you, you should seek out firms and/or an Employment Lawyer who offers a free consultation. This means you get to go into the firm and have a sit-down with an actual lawyer to discuss the facts of your case without any fees attached to the service. This allows the lawyer to examine your unique circumstances and tell you whether or not he or she is confident you have a case. In addition, this face-to-face will allow you to decide whether you even want this particular firm or lawyer to handle your case. Lastly, visiting multiple firms that offer a free consultation will allow you to make a more educated decision on what firm you should choose.
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Get more bang for your buck
No recovery no fee! Some employment law firms or employment lawyers offer a contingency fee for their service. This means that the Employment Lawyer will only charge the client if they win or settle the case. Firms that run their practice this way are diligent in their work for their client and will usually take on cases that they are confident about. This provides some security for you as the client in that you won't feel you are being taken advantage of in billable hours. Also, employment law firms that offer a contingency fee for their services recognize that some potential clients may not have the financial stability to hire an attorney but their rights as an employee in California have been violated and are entitled to representation.If you are unsure if a firm offers no up-front fees, call and ask if the firm takes cases on a contingency base before you agree to come into the law office.
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Are they a litigation practice?
Even if a law firm ticks a few boxes on your list, you should still be wary in that the firm may not be willing to take your case to trial. In employment law, not all cases go to trial, they settle. But if a case does not settle, the next step would be to go to trial and not all employment lawyers or firms are willing to provide this service, leaving your case unresolved. In order to avoid this from happening, before signing a retainer agreement you should ask the lawyer you are considering whether or not they are willing to go to trial if the case does not settle.The legal representation in which you select needs to be committed to taking the case to trial if down the line it does not settle. This will help you to not waste your time with a lawyer who will leave your case unresolved and you having to hire new representation.
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Don't be an eager beaver
As mentioned previously, deciding to pursue legal proceedings is not a trivial choice. Deciding to take legal action against a company or employer is a commitment for you as a client and a commitment for the lawyer whom you choose to hire to represent you. That being said, do not be eager to sign a retainer agreement online. Some firms may ask you to sign a retainer agreement online and with that there are risks. Signing a retainer online will deprive you as the client from having the facts of your case carefully considered by a lawyer.
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What are the 8 Main Disability Discrimination Questions? California is an at-will employment state. As an at-will employee in California, an individual may be terminated for any reason or no reason at all unless terminated for an illegal reason. Per California Government Code § 12940 an employer's decision to terminate an employee may be characterized as illegal if the reason is based on an employee's religion, race, color, national origin, gender, ancestry, age, military or veteran status, sexual orientation, gender identity, and or disability. Although this is not an exhaustive list, these are considered as protected classes and if an employee belongs to one of these classes and is terminated based on belonging to one of these classes there are remedies available. Specifically, employees with a disability, whether he or she is mentally or physically impaired are protected. In order to make a claim, the employee would need to contact a Disability Discrimination Attorney.1- What constitutes a physical disability? A physical disability includes a disease, disorder, condition, cosmetic disfigurement, or anatomical loss or health impairment (§ 12926 (m)(1). The disability of this kind must also impact the employee both in a body system and limit a major life activity. Affecting a body system includes but is not limited to special sense organs, neurological, musculoskeletal, reproductive, digestive, and respiratory. The particular system affected would need to limit major life activities socially, physically, mentally, or while working (§ 12926 (m)(1)(B)(iii).2- Are mental disabilities recognized? Mental disabilities that limit major life activities are considered protected and include mental or psychological conditions, which range from emotional or mental illness to specific learning disabilities (§ 12926 (j)(1)). Mental disabilities that limit major life activities includes the impairment hindering the efficiency and execution of everyday physical, mental, and social functions (ibid). Further details can be provided by a Disability Discrimination Attorney.3- How does an employee know if they are being discriminated against in the workplace based on their disability? Discrimination within the workplace takes on various forms which may foreshadow an unlawful termination. Forms of discrimination in the workplace are demonstrated through name calling, singling an individual out, passing an individual up for promotion or opportunities, demotion, failing to accommodate a request for reasonable accommodation, involuntary transfer or reassignment, bullying, constructive discharge, and denying benefits. Although not an exhaustive list, discriminatory behavior takes on various forms and is determined on a case by case basis. For further enquirers regarding this type of situation, call a Disability Discrimination Attorney.4- What is expected of an employer? Pursuant to the California Code of Regulations, title 2, section 11069, the employer should endeavor to facilitate an interactive process between themselves and the employee with a recognized disability. This interactive process is built on open communication between the employer and employee in order to maintain up to date knowledge of the circumstances. By maintaining this interactive process, the employer is on notice and subject to accountability for being aware of the employee's needs for accommodation. In addition, this process promotes the exchange of ideas to reach a set of reasonable accommodations that are appropriate for the individual.5- What kind of accommodation should an employer provide? An employer should provide reasonable accommodation. Reasonable accommodation provided to an employee entails adjustments and modifications of the employee's position that enables the employee to have an equal opportunity as their peers to carry out tasks. Some circumstances may require the employer to suggest transferring the employee to a more practicable position, ensuring the job-site facilities are accessible to the employee, permitting a service animal to accompany the employee at work, supplying the employee with a reader or interpreter, providing a modified schedule as well as part-time work, providing accommodation for training or tests or additional training, and providing any other reasonable modifications to the employee's work-site and or environment. For more clarification on what kind of accommodation should be provided, ask a Disability Discrimination Attorney.6- What does it mean to be retaliated against? Once an employee makes a complaint against their employer or against any practice within the organization regarding their recognized disability, the employee could be mistreated by means of retaliation. This situation arises when the employee makes a complaint against certain unlawful practices that violate FEHA regulations being conducted within the workplace. In response to the complaint(s), the employer or organization takes adverse employment action against the employee. For example, an employee with a hearing impairment makes a formal complaint to their human resources department regarding his or her supervisor refusing to hire a sign language interpreter for a required training seminar. Shortly after the complaint is made, the employee is demoted to a lower paying position that does not require attending the training session. Here, the organization's response to the complaint may be characterized as discriminatory and retaliatory based on the employee's protest against their supervisor's refusal to provide reasonable accommodation.Even if the employee's specific request for accommodation is not granted, the employee is still under the protection of FEHA in that they can both be discriminated or retaliated against for making the request in the first place. Such circumstances need to be evaluated by a Disability Discrimination Attorney.7- What is considered unlawful employment practices? If an employee falls under one of the recognized protected classes, specifically in this case the employee possesses a physical or mental disability, and an employer mistreats the employee based on having a disability may be considered unlawful. The FEHA and California Government Code § 12940(a) qualify unlawful treatment as being demonstrated through hiring practices, path to promotion selection, distribution of work benefits and privileges or compensation.As previously mentioned, an employer is required to provide reasonable accommodation for an employee with a recognized disability. It is considered unlawful under FEHA for an employer to refuse to implement reasonable accommodation(s) requested by the employee as well as not consider recommendations made by the employee's licensed physician. Also, for further assistance on the matter, discuss the matter with a local Disability Discrimination Attorney.8- How to prove an employee has an action in disability discrimination against their employer? There must be a direct link between the employee's disability and the reason for termination. In other words, the employee must prove that they were fired based on their recognized disability. For example, an employee is diagnosed with a condition in which their vision is significantly impaired and shortly after their employer is put on notice of this, the employee is let go from their position "because they can't see". This would demonstrate a causal link between the employee's disability and the decision to terminate. Alternatively, the employee may need to prove that the connection between the disability and the termination was demonstrated through unequal treatment or failure to make adjustments or modifications were necessary to do so.If an employee wants to know if they have a case concerning these issues they need to reach out to a Disability Discrimination Attorney. votre commentaire
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What are the 3 Types of Sexual Harassment at the workplace? California's Constitution protects employees from being harassed within the workplace. Employees and employers should be familiar with the Fair Employment and Housing Act and the California Government Code § 12940(j)(1), which makes it illegal to harass an employee. Harassment isn't always physical and it is not always directed at a particular employee but it may still offend that employee. Employees may be targets of harassment based on their gender, gender identity, the way in which they express their gender, or based on an employee's pregnancy, childbirth, or related medical conditions (Cal Gov Code § 12940(j)(4)(C)). However, sexual harassment remains the most prevalent in the workplace above all other forms of harassment. Sexual harassment can come in the form of physical, verbal or visual acts.What is expected of the employer and or organization?It is not always an employer who is sexually harassing the employee, sometimes it can even be other employees sexually harassing an individual, however, this does not absolve the employer from being responsible for the occurrence of the harassment (Gov. C. § 12940(k)). Under FEHA regulations, employers are held accountable for not taking reasonable steps to prevent harassment from taking place. Reasonable steps taken by employers to ensure a safe and sexual harassment-free work environment includes providing prevention training. Employers are also expected to provide a copy of the California Fair Employment and Housing fact sheet to all employees upon being hired.If an employee feels unsafe in their own workplace, it is important to discuss their potential claim with a Sexual Harassment Lawyer.1- Physical Sexual Harassment
Physical sexual harassment is the most obvious and well-known form of sexual harassment. It is exercised through unwelcome touching such as rubbing up against a person or physically interfering with another's movements or preventing another from completing their work. Examples of unwanted touching would be if employee A placed his arms around employee B and employee B felt uncomfortable with this and asked employee A to stop. Another example would be if employee A would block employee B with his body from leaving the copy room, preventing employee B from leaving that area without having to touch employee A. An employee who has been subjected to physical sexual harassment should discuss the matter with a Sexual Harassment Lawyer.2- Verbal Sexual Harassment
Remarks or comments that are disrespectful insults or slurs may also be considered as verbal harassment towards an individual. Under FEHA regulations, an employee may identify their experience with verbal comments as "harassment" even through nicknames, labeling, or titles. Examples of this would be employee A nicknaming employee B "Hot Stuff" or "Big Butt Balinda". These kinds of nicknames or titles are offensive and comment on an individual's anatomy and also have a sexual connotation.Although the workplace is a space for professionals who are employed by an organization, some employees today are subjected to feeling uncomfortable and endure unwelcome interactions while at their place of employment. This can be distracting for a victim of this behavior, leaving him or her afraid to go to work. The Fair Employment and Housing Act regulations recognize verbal harassment as a form of harassment and specifies "romantic overtures" as a type of verbal harassment. But what exactly does that even mean? Put simply, this means romantic or flirtatious gestures from person A to person B in an attempt to progress a platonic or formal relationship to a romantic level. These attempts as in plural, are continuous and consistent.In order to give rise to a claim, romantic or flirtatious remarks are still considered harassment whether the remarks are subtle or obvious. Subtle verbal overtures may be an invitation to go on a lunch or dinner date. In this scenario, although an invitation to lunch or dinner may be a way in which friends interact with one another, depending the particular circumstances this may be construed as harassment. An obvious verbal overture may be a comment such as "we would make beautiful babies together" or "I wonder what it would be like if we dated". These comments are obvious in an attempt to escalate a relationship into a romantic and or sexual realm.An individual who has this issue at their place of work would need to contact a Sexual Harassment Lawyer to see if they have a claim against their employer.3- Visual Sexual Harassment
The Fair Employment and Housing Act recognizes that sexual harassment may come in the form of visual harassment (2. Cal Gov. Regs. § 11019(b)(1)). At first glance "visual harassment" by definition may seem obvious in that one individual is exposing themselves to another individual who does not appreciate the exposure. However, visual harassment comes in other forms that are not as blatant as perhaps a fellow employee exposing themselves. Visual harassment can be demonstrated through cartoons or drawings that are considered offensive and or insulting to the victim. For example, a male employee may draw a character of a fellow female colleague in which her breast size is exaggerated. In that scenario, the female employee is being sexual harassed based on the visual of herself which could be construed as sexual in nature while also making her feel uncomfortable.More commonly, in an age of technology, one employee showing a video or picture to another employee in the workplace in which that individual finds the visual offensive or insulting, may be considered as visual harassment even though it does not involve that particular employee who is offended. For example, a female or male employee may show or attempt to show another coworker a video of herself or himself having sexual intercourse with his or her partner. In this scenario, although the video does not have anything to do with the employee who is being shown the video, this act is still considered as visual harassment because it is sexual in nature, offensive, and unwelcome.Visual sexual harassment is also exercised through posters displayed within the workplace. Posters that would fall under this category of visual harassment as mentioned above, would contain visuals that are offensive in their sexual nature and offend the particular individual.Lewd gestures are also recognized under the Fair Employment and Housing Act as visual harassment. This could be interpreted to cover an array of acts being performed by one employee that offends another particular employee. For example, one employee may gyrate or perform pelvic thrusts towards another employee. Although the employee carrying out the act is not touching this particular employee nor are they even conducting themselves in that way in reference to that particular employee, it is still considered visual harassment.An employee who is experiencing this type visual harassment should call a Sexual Harassment Lawyer. votre commentaire
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How to deal with sexual harassment outside of the workplace? It is well-settled law in California under the Fair Employment and Housing Act as well as the California Government Code § 12940(k) that an employer owes a duty to their employees to prevent harassment within the workplace. But what if an employee is sexually harassed off-site yet within a work capacity? This may be a situation where an employee is not at work but he or she is carrying out tasks or participating in functions that are work-related. More importantly, are employees the only individuals who are covered by the law in this area? What about applicants? In a heavily populated State such as California, the job market can be fierce and highly competitive, making it difficult for job-seekers to get their foot in the door. As a result, these applicants seeking jobs are vulnerable to illegal hiring processes which promote discrimination and sexual harassment. In these situations, employers are liable for the acts of their own employees who posses hiring power and abuse this power. When issues such as these arise, reaching out to a local Sexual Harassment Attorney is the best way to find out if further legal action should be taken.An employer or organization is responsible for and held accountable for the acts of their employees whom they have delegated hiring power to within the workplace. The Court in the case Doe v Capitol Cities, 50, Cal. App. 4th 1038 had to address this issue of just how far an employer's liability extends in these "off-site" situations. In that case, the plaintiff was an actor who was applying, or rather auditioning for a role which took place on a Sunday at the casting director's home. During this encounter, the plaintiff alleged that he was drugged and gang raped by the casting director as well as four other men. The plaintiff brought an action against the employer of the company, inter alia, for violating the California Government Code § 12940 (h). Under that regulation, it is illegal for an employer or organization to retaliate against an applicant or employee because the applicant or employee made a complaint against the employer or organization for unlawful practices. The action was brought against the employer who oversaw the casting director because it was ultimately the employer's responsibility to ensure that the workplace was harassment-free. In this case, the Court of Appeal decided that the plaintiff did have a case if he could provide evidence that his allegations were true, then as a result, strict liability would be placed upon the employer. This meant that the plaintiff in this case only had to prove that the acts actually took place and that the employer was responsible for the casting director's acts, and it did not matter what the employer knew or was supposed to have known about the casting director's tendencies. Today, if an employee was in a similar situation when attempting to apply for a position and was subjected to such treatment, they should reach out to a Sexual Harassment Attorney to discuss their case.But how could the employer be held liable for what happened at the casting director's home and on a Sunday? The Court reviewed the facts and evidence of the case and was able to conclude that the casting director was acting within his capacity as an employee because he was locating, discovering, training, and acquiring actors, just as he did to the plaintiff. Therefore, even though the incident did not occur at the actual work-site, nevertheless the casting director was acting as an agent for his boss. Importantly, the Court did take into account that the incident took place off-site, and it also occurred outside of work hours. However, the Court found that because the casting director's acts were so closely related to his position of employment that it did not absolve the employer of responsibility. Lastly, it is significant to take note that the plaintiff, in this case, was not an actual employee of the company when the incident took place. The court also took this into account that the plaintiff was not an applicant yet decided that this did not matter and the employer of the company remained liable for the casting director's behavior. This was because the plaintiff was in pursuit of employment which placed both the plaintiff and the casting director in a work-related context.Here in California, under the Fair Employment and Housing Act, an employer's liability for sexual harassment extends to managers, supervisors, and controllers who foster a hostile work environment. Per Title VII, a manager is seen as acting for the employer when generating this hostile work environment, therefore the employer can be held vicariously liable. Under the California Government Code § 12926(t) and the Fair Employment and Housing Act, the definition of "supervisor" is much broader and considers this title to be anyone who has hiring power, a power to transfer an employee, fire an employee, demote an employee, or even a power to reward an employee.Liability at the federal level is slightly different. In a particular federal case, an employee was a lifeguard and employed by the city. She brought a suit against her employer because she felt that she was being subjected to a sexually charged as well as hostile work environment which was created by her supervisors. The environment at issue was considered hostile because the supervisors were causing the particular employee and other employees to experience unwanted touching. Here the employee made a claim under Title VII of the Civil Rights Act 1964, 42 U.S.C.S. § 2000e et seq for these acts and the environment imposed on her as an employee. The Court, in this case, found that the employee who brought the action had a claim against her employer by extending the employer's liability to cover the supervisor's acts Faragher v City of Boca Raton (1998) 524 US 775, 807, 118 S. Ct. 2275, 2292-2293. A Sexual Harassment Attorney would be able to evaluate an employee's case for free if they have a similar problem at work and may be able to file suit against the company. votre commentaire
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What is Religious Discrimination and How to Stop Religious Discrimination
What are my rights as an employee to practice my faith and can my employer impose their religious values on their employees?
One of the greatest rights we have as citizens of the United States is the freedom to
practice any religion. It is a fundamental right that is protected by the First Amendment of our Constitution. As a citizen, we are allowed to practice (or not practice) any religion we choose without government interference. However, where do we draw the line in the workplace in terms of voicing our religious beliefs and values? Is our employer allowed to impose their own religious beliefs on us?
In California, religious discrimination is illegal and protected by California’s Fair Employment and Housing Act (“FEHA”). It is illegal for an employer to treat employees any differently based on our religious backgrounds or require employees to change their religious values in order to remain employed. While the concept of treating others who practice a different religion seems like common sense, religious discrimination is still a fairly serious issue in the United States. According to the U.S. Equal Employment Opportunity Commission (“EEOC”), there were 3,825 religious discrimination complaints filed with the EEOC in 2016. As a result, there was $10 million paid out in the settlement as a result of religion-based discriminatory acts by employers. The number of religious-based complaints reported to the EEOC has more than doubled from 1997 to 2016.
There are two different types of religious discrimination that are very similar to sexual harassment: quid pro quo and hostile environment. An example of quid pro quo harassment based on religious discrimination is refusing to give a promotion to an employee unless the employee attends church on Sundays. Another example of quid pro quo harassment based on religious discrimination is making an employee take off a hijab if he or she wants to work in the front of workplaces and be seen by clients. The other type of harassment based on religious discrimination is creating a hostile work environment. Some examples of this can be making fun of the practices of a particular religion that employee practices or treating an employee differently after he or she asked for a reasonable accommodation to take a day off to observe a religious holiday. Another example of creating a hostile work environment can be teasing someone because he or she does not eat pork based on religious beliefs. In some cases, an employee who constantly speaks of his or her religious faith with the intent to “convert” other employees can also be seen as creating a hostile work environment. Further, employers are prohibited from forcing workers to engage in religious activities as a requirement for employment.
The California Workplace Religious Freedom Act of 2012 (WRFA) requires that employer must provide reasonable accommodation to employees to practice their religion. Such accommodation could be allowing an employee to wear a hijab at the workplace even though baseball caps or hats are prohibited. Another accommodation could be allowing an employee to switch shifts with a colleague if the employee needs to observe a certain holiday or allow employees to wear articles of clothing or jewelry affiliated with their religious practice. The accommodation is reasonable as long as it does not cause an undue burden on the employer, cause a lack of staffing, or impose a financial hardship. An example of an unreasonable accommodation can be requesting an employer to allow certain religious attire if the attire causes safety issues in the workplace. The reasonableness of an accommodation can be argued in a variety of ways.
An employer is responsible for ensuring that harassment based on religious discrimination does not occur in the workplace. If you feel that you have been a target of religious discrimination, you should make a written complaint to your human resources department or management. Many incidents of religious discrimination go unreported because employees fear retaliation from their employers, such as losing their job, being demoted, being treated differently by their coworkers, or having the perpetrator discover that the employee complained and having to face further abuse or possible sabotage from the perpetrator. Retaliation is against the law in our country. Therefore, employees cannot be legally fired, disciplined, or demoted for filing a formal complaint with human resources for any incident of religious discrimination. Even if the employee is unsure of whether or not the act was one of religious discrimination and writes a formal complaint, he or she is protected from any sort of retaliation. If retaliation occurs, the employee should contact an experienced employment law office to learn about his or her rights.
Despite the fact that employees are not able to be discriminated against by their religious practice (or lack of religious practice), some religious organizations are exempt from the rule. If the organization or business is primarily religious, it is able to restrict its employment to those who are of the same faith as the organization or business or share the same values. This type of discrimination is called the “Bona Fide Occupational Qualification.” It is only legal if the job description requires that the individual be of a certain religion, such as a pastor or minister. While some religious organizations may try to use this defense to ensure all employees share the same religious beliefs as them, not all job positions require that a person be of a certain faith in order to be employed with the religious organization. As an example, a gardener or a janitor does not have to be Christian in order to work at a Christian church. The religious organization must show that practicing a certain religion is essential to performing the job duties of that position.
There are many different types of remedies that an individual who has been discriminated against can seek, such as back pay, being reinstated, front pay, punitive damages, compensatory damages, attorneys’ fees, and/or court costs. Religious discrimination is a serious offense and should not go unaddressed. If you feel that you may be a victim of religious discrimination, you should contact an experienced religious discrimination lawyer. votre commentaire
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