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Employment Laws

Protection Of California Employees With A Medical Condition

According to FMLA, no employer should fire an employee because of a medical condition. Even though the law protects you, you need to know your legal rights when navigating your claim based on your medical condition.

If your employer has terminated you after learning of your physical or mental condition, you have a right to file a wrongful termination claim. But some cases are complicated and require one to hire a wrongful termination attorney to fight back and help them hold the employer liable.

Job Applicant Or Employee With A Medical Condition

Having a medical condition doesn’t mean the law will protect you. You must be eligible. The fact is that if you have been missing work due to your medical condition, then you may be on the verge of losing your job. The basis on which you may be dismissed is crucial in understanding how to go about your legal claim. The law requires that protected employees be granted medical leave for their medical conditions. Such reasons may include taking care of your illness or any other family health issue.

If you cannot perform essential duties, then your employer has no obligation to dismiss you. Instead, where necessary, he/she should provide reasonable accommodation to ensure you can carry out your duties with ease as long as your condition doesn’t place a significant burden on your employer. Your employer has no obligation to:

  • Refuse to hire you based on your medical condition. In California, every employer must evaluate prospective applicants without regard to their medical condition (actual or perceived).
  • Demoting, firing, or failure to promote.
  • Fail to provide reasonable accommodation if it will not cause undue hardship to the business.

If you have a medical condition, the only concern would be how you will carry out your duties. Your employer can ask questions only if:

  • Your employer has the notion that you will not complete your assigned tasks due to your medical condition.
  • Your employer needs documents related to your condition to ensure he/she provides a reasonable accommodation.

Dealing With Actual And Perceived Medical Condition

Some employers take adverse employment actions based on what they perceive. For instance, if your prospective employer fails to hire you because of signs that resembled a contagious disease and later comes to find it was not true, such an employer will have violated the laws. He/she can be held liable for discrimination based on your perceived medical condition.

Even if your employer may have known of your condition, under no basis should they discriminate against you? For instance, an employer who demotes an employee based on their genetic condition, with the notion that they will need time off work to attend clinics, may violate the law.

Under such circumstances, an employer has no right to conduct a medical test if other applicants or employees are not undergoing such tests. Again, the test must be job-related. Where interview questions seem to be direct to your medical condition, this may also be a sign of a potential discrimination claim.

Suppose your employer seems to discriminate against you based on your medical condition. In that case, you need to act swiftly to contact an experienced employment lawyer who can advise you on whether you may have a claim.

Categories
Discrimination

How Can I Prove Sex Discrimination?

While there seem to be fewer instances of less prejudice among workers in California, some sex stereotypes stills show some employees are still disadvantaged.

Whether your employer was involved in sex discrimination knowingly or unknowingly, you may still have a discrimination claim. In some cases, it becomes hard to determine whether you have a case. In such a situation, you may consider looking for a top employment law firm to offer guidance.

What Is Sex Discrimination At Workplace

Sex discrimination is the unfair treatment of a man or woman in the workplace. It can be direct or indirect as follows:

  • Direct discrimination:This is where your employer treats you worse than what someone else in your situation is being treated simply because of your sex. For instance, your employer may have set a certain sales target for both male and female employees. If an adverse action such as demotion is only taken to female employees or vice versa, it can be direct sex discrimination.
  • Indirect discrimination:When a company has policies meant for all employees, but such policies seem to put you at a disadvantage, this could be indirect discrimination. For example, the policy may require employees who work on shift to change their working hours. Such policy may be a disadvantage to women or men who take their kids from school.

How To Prove Sex Discrimination

Any proof depends on the facts and circumstances surrounding each case. However, one core thing for any proof is that it always boils down to your employer’s intent when exercising sex discrimination. In any given case, you may be required to prove that:

  • You belonged to a protected class.
  • Your employer promoted other employees with whom you shared the same qualifications.
  • Your employer advertised a position and hired someone who is not in your protected class.

Your employer will have all the reasons to prove that your claims are invalid. But with an experienced lawyer, you can surpass all these disagreements and come up with a good argument to show that your employer acted on gender when making employment decisions. For instance, your employer may have argued that you could not work during the night shift because you were a woman; the argument could be based on gender.

Filing A Sex Discrimination Claim

It’s challenging to bring up a sex discrimination claim due to the fact that no one may be able to grasp what your employee had in mind or their intent in any action they took. That’s why you need to have circumstantial evidence to prove that, indeed, your employer had ill intent. For instance, if your employer never mentioned that he doesn’t like promoting female employees, this would be direct discrimination and easy to prove. However, such comments are rare.

You will have to prove that the adverse action was taken against you because you were a man or a woman. Having an employment lawyer would greatly help explain to the jury how your employer’s business made you suffer.

Categories
Employment Laws

Top Benefits of Hiring Construction Cleaning Services Provider

You might be struck by how much dirt, rubble, and dust are left after the workers have left after a boatload for a home or a company remodels or new construction in your company or home. Suppose you hire a professional construction cleaning company to handle the final touches. In that case, the stress and final presentation can become less stressful, and you will immediately be proud to reveal to family, friends, or customers.

In the sense that dust and dirt are free, construction sites are generally not associated with cleanliness. However, a building site should be organized and without waste and debris to be a safe environment. It is necessary to safeguard your staff and visitors on site. Tools should be put in the right place, and waste should always be placed in the correct container.

Every remodeling or building project is unique and needs several additional cleanups works to clean, organized and short, “picture-perfect” for your new home or company. Let us examine the relevance and the advantages of construction cleaning after construction.

  • Make safety the highest priority.

Like hazardous goods, machinery and tools should be stored appropriately. Risks in a workplace should be reduced and clearly defined. There should be an area for hazards and a location where street wood containing clots can be discarded. It might be a brilliant idea to have a dump on site. If a building site is orderly, staff operate more effectively. You may want to enroll cleaning professionals if you find it too difficult to maintain a construction site clean.

  • Create more convenient conditions

With dumpsters at the facility, a better order will be created, and staff will be encouraged to be aware of waste. Apart from getting hard hats worn by both staff and tourists, dangerous places should be identified. Continued maintenance may decrease the likelihood of injuries.

  • Assign cleanup tasks

Clearing experts, when called in, will never take what seems to be a monumental challenge for the entire crew to keep things tidy. For example, someone could be responsible for disposing of toxic waste, while somebody could put equipment away at the end of the day. The revolving assignment of these tasks ensures that they are completed.

  • Let the area clean thoroughly

It is necessary to leave the site as smooth as possible after the last nail has been hammered in and the last piece of lumber has been sawed. You’re talking about how you quit a workplace and your credibility impacts. You want your customers to be satisfied with your own work and not just the task itself. Vacuuming or sweeping, washing some surfaces, cleaning windows, and other similar tasks may be included in a final cleaning. The impression is fine, and the best publicity is word of mouth.

Suppose there are too many different solutions to ensure that a building company is too small to handle construction and cleaning and lack a proper certification. Leasing a subcontractor for construction cleaning is an excellent option. However, you can only and exclusively employ them to clean up your garbage.

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Employment Laws

Do I need A Labor Lawyer?

If your employer has committed an illegal action against you, the law protects you from the unlawful action. Most employers do this because they believe employees are powerless. While you may be involved in a serious employment dispute, your employer should not intimidate you. The state and federal laws protect employees from such actions. It’s virtually impossible to succeed in an employment lawsuit without a lawyer. A qualified lawyer knows the information needed, how to get it, and how to use fair tactics to win the case. Most of them have the experience and resources needed to handle such claims. Conversely, if you represent yourself, you might end up even paying your employer expenses incurred while trying to self-defend your case.

How Soon Do I Need The Labor Lawyer?

Any case that requires legal representation requires an individual to talk to labor lawyers in Orange County, Ca, as soon as possible. You may wonder about employment lawyer costs; this shouldn’t make you worry since most of them work on a contingency basis. Others work on flat rates or hourly rates. Some situations need quick action, and we encourage one to speak with an attorney fast. Delaying could make your chance to prove the illegal misconduct elapse. You may have a concern about how your employer is treating you. Some cases that require you to contact a labor lawyer include:

  • Being harassed, retaliated, or discriminated against by your employer
  • You were terminated or fired with no good reason, and there is evidence.
  • You have been discriminated against because of age, race, or gender
  • You’re being forced to sign an agreement that waives your rights.
  • Your employer has refused to negotiate with you regarding some pay, such as overtime pay.
  • Your employer has violated rights that protect employees in your workplace, and you know that other employees have the same claim as yours.
  • You have not received benefits in your employment contract.

If you have suffered from any of the above employment-related cases, you need to contact an employment lawyer to get help.

How to Find a Labor Lawyer

Once you have determined that you need legal representation in your case, you need to find a qualified lawyer. You should consult a lawyer who has specialized in employment labor law. Your lawyer may interpret the contract you signed more than you could do. It’s your duty to prove an illegal motive. Any other lawyer, no matter how competent he/she may be, will not have the experience needed to prove your claim. You should look for the one who has represented employees with such issues. To get the best, you must document any evidence that relates to your claims. Again, have witnesses to confirm your fact. Remember that your employer may have unlawful tactics to make your case fail. But you need not worry; your lawyer can advise on what is needed in defending your claim. An experienced lawyer will help you understand what is required to assist you in solving the legal dispute.

Categories
Employment Laws

Class Action For A Defective Product Injury

Though there is always regulation in manufacturing companies, defective products make their way out into the hands of consumers. When a consumer buys a product and believes it is defective, they should save the product and keep it intact as it can be used as evidence in any lawsuit.

If you use a product and it fails to deliver to your expectations, it can be said to cause an injury. Where a defective product has injured you as a group of consumers, you can file a lawsuit with the help of class action lawsuit lawyers who understands faulty product cases.

Injuries From Defective Products

It’s so devastating to buy a product that later injures you. That’s why one should seek compensation to hold the potential defendant liable for losses suffered. For instance, you may buy baby stuff that is easy to break, and this could be dangerous to your baby. If you notice that the product lacks some essential features, this could lead to a product liability claim. When a number of consumers have bought the same product, which later harms them, they can join together to file a class-action lawsuit.

How Do I Identify The Potential Defendant

If a defective product has injured you, you can identify a potential defendant with the help of an experienced lawyer. This is the first step to obtaining damages. Your lawyer can:

  • Scrutinize the chain of distribution. This is the path taken by a product from manufacturing to distribution, including manufacturers, retailers, and distributors.
  • Check whether the product was defective. You have to show that the product was defective by showing the manufacturing or design defects. Besides, you also provide evidence that the product lacked a warning.
  • Evidence of the injuries suffered. To be compensated for damages suffered, you must show how the defective product injured you. You can show medical reports to show you received medical treatment. Also, you can hire a medical expert to link your injuries with the defective product.

If you have a valid case, your employer can help show how the parties in the chain of distribution may have joint liability. Note that even if the product you were using was bought by someone else, you might still have a valid case. You don’t have to be the buyer or the product user to qualify to file a product liability case. You can either choose to file your won case or join up a class action.

Filing Your Class Action Lawsuit

To file a class-action lawsuit, it must be proven that:

  • Consumers have been affected by a particular product and have the same problem
  • The class representative must have similar problems

Note that a class action notice is only sent to anyone suffering from the same product injury; this is the only way a class action lawsuit can proceed successfully. Once aware of the product liability, each member is notified of the legal action underway. Class action procedures require the help of experienced class-action lawyers. Once there is a settlement, each member receives a portion of the damages.

Categories
Employment Laws

Who has a Stake in your Worker’s Comp Award or Settlement?

It is often assumed that since the provision of worker’s compensation is designed to benefit the employee, a worker’s compensation claim will be cut and dry. However, it must be noted that employees who file worker’s compensation claims for an on-the-job injury or work-related illnesses may have to go through appeals, settlement negotiations, and a lot of time before actually and finally resolving the case. Once they go through the whole process and are awarded benefits or a settlement, they may be shocked to realize that not all the money they have received is theirs. This article will discuss who has a stake in your worker’s compensation settlement or award.

Once you have received your worker’s compensation award or settlement, it is important to note that, unfortunately, not all the money received is yours. There are a number of people or entities entitled to it. Some of the persons or entities that have a stake in your worker’s compensation award or settlement include the following:

  • Attorneys – in most states, worker’s compensation attorneys charge a contingency fee. This is a form of payment to the lawyer at a specific percentage of your award or settlement; however, no money is paid if you do not win your case. In addition to the contingency fee, you will also need to reimburse payments made by your lawyer for expenses in the course of your case. This may include fees for copying medical records, hiring expert witnesses, and hiring court reporters. Generally, lawyers will deduct these costs before attorney fees are calculated.
  • Unpaid medical bills– if a worker’s compensation claim was denied and you win on appeal, the judge may order the insurance company to pay your medical bills this added to the award. If you paid your own medical bills, then you will keep the money marked for such costs. However, if your doctors agreed to postpone payment until you received the award, this money pays outstanding bills. In most cases, the settlement includes a lump-sum set aside for medical bills.
  • Permanent disability advances– in California, insurance companies are generally required to start making permanent disability payments within 14 days of the last payment for temporary disability, according to the California Labor Code. Permanent disability advances will be deducted from your settlement or award if received.
  • Unpaid child support – any overdue child support that you owe will be taken from part or all your worker’s compensation award or settlement to pay what you owe.
  • Taxes – in general, no state or federal taxes are paid on your settlement or award. However, there is an exception to this rule if you are also receiving benefits through Social Security Disability Insurance (SSDI). If the total of your worker’s compensation award and SSDI benefits are high enough, your benefits may be offset, and you may have to pay taxes on the offset amount. In addition, your settlement or award may directly affect whether you qualify for tax credits as they may be seen as income.

To learn more about the worker’s compensation process, awards and settlements, contact a labor employment attorney today.

Categories
Discrimination

How To File A Discrimination Claim Based On Sexual Orientation

If you are being treated differently because of your sexual orientation (real or perceived), the law protects you. Sexual orientation in the workplace is common in Orange County. As such employees are always encouraged to look for labor employment attorney who can fight for their legal rights.

Understanding Sexual Orientation Discrimination

Discrimination based on sexual orientation occurs when an employer subjects an employee to negative employment actions. Employers are known to discriminate against sexual orientation when making employment decisions. For instance, an employee cannot fail to hire a job applicant because he has a same-sex partner or segregates gay from customer contact. Here are other common examples that could lead to an employee filing a sexual orientation discrimination claim:

  • Failure to provide an employee with resources that are being provided to other employees simply because the employer perceives or knows their sexuality.
  • Denial of employment, pay raise, promotions while others with the same qualification receive such.
  • Being harassed or retaliated against for helping employees with complaints about sexual orientation

How To Protect Your Legal Rights

For you to file a claim, your situation must be so severe to interfere with how you perform your job. For instance, your boss may be making rude comments; this may not be enough to constitute harassment. Such comments must be made regularly. For any harassment based on sexual orientation, the employee must be subjected to a hostile working environment, such as having offensive pictures posted or slurs. For any claim to be valid, the conduct must be:

  • Unwelcomed by the employee
  • Sufficiently severe to lead to an unconducive working environment

Where the conduct seems to be egregious, one act may be enough to constitute a harassment claim. However, in most situations, one may be required to show a pattern of behavior.

Look For An Employment Lawyer

Are you being discriminated against sexual orientation because you complained about sexual orientation discrimination or participated in an investigation that could result in a sexual orientation claim? It would be best if you consider looking for an employment lawyer. Your lawyer will tell you whether you have a valid claim. He/she will also guide you through obtaining the right strategy for seeking justice.

Whether you are a lesbian, gay, heterosexual or bisexual, you have rights at the public or private workplace, and if these rights are infringed, the law is there to protect you. Sexual orientation discrimination can affect your job status and other major issues in the workplace. If you feel you have been discriminated against based on a real or perceived sexual orientation, you can look for an employment lawyer who has dealt with similar cases and has a record of success. There are tight deadlines concerning when one can file a lawsuit. However, you will have to file a case with the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit. An experienced lawyer can help you will all legal facts and ensure to enforce your rights.

Categories
Discrimination

Dealing With Disability Discrimination in The Workplace

Any worker with a disability has a right to work in California. If you are an applicant or an employee who is being retaliated against due to your disability, you have to enforce your rights as soon as possible. According to the Americans with Disabilities Act (ADA), anyone with a disability should have a reasonable accommodation from their employer to ensure they can work with ease as long as this will not cause undue hardship to the company. If your employer has discriminated against you because of your disability, take the necessary steps to protect your rights, you may choose to have a labor employment attorney help you file a claim.

Who Is Covered By The Americans with Disabilities Act?

Whether you are an applicant or an employee, ADA will cover you as long as:

  • You have a disability: This includes a mental or physical impairment that restricts you from performing one or more major life activities.
  • You have a history or record of impairment.
  • Others perceive you as having an impairment. If your employer has discriminated against you against an incorrect belief that you have a disability, you may be protected under the ADA.

If your employer has more than 15 employees, he/she must provide qualified workers with equal disability benefits opportunities available to others. For instance, there are certain questions that cannot be asked to applicants with disabilities before a job offer is made.  If you are a job applicant with a disability, you have the right to request a reasonable accommodation from your employer.

There are certain requirements for one to be protected under the ADA. They include:

  • Possess all the employer’s requirements that every job applicant must have, such as education, work experience, etc.
  • You must be capable of performing the fundamental duties with or without reasonable accommodation. However, no employer should fail to hire you simply because your disability prevents you from performing tasks that are not necessary for the job.

You don’t have a right to ask that a certain requirement be removed to ensure you have reasonable accommodation.  Again, unless the disability is obvious, you must request a reasonable accommodation as your employer doesn’t have all the time to determine who has a disability in the workplace. Reasonable accommodation should not create an undue hardship to an employer. To determine whether a reasonable accommodation will create an undue hardship, the below may apply:

  • The cost of accommodation and the costs already incurred at the workplace
  • The financial position of the business. A small business may not have much to set aside for reasonable accommodation.
  • The nature of the business

Talk With An Employment lawyer.

You may be a job applicant who has been discriminated against, or your employer has retaliated against you because you raised a complaint about having reasonable accommodation to you and other employers. In such a case, you can consider looking for an experienced employment lawyer who will help you learn of your legal rights. A violation of the ADA is not taken lightly; your employer may face harsh penalties for such actions.

Categories
Discrimination

Can I Sue For False Advertising?

As a consumer, you have a right to sue if you have relied on false advertising. Normally, any misleading information results in too many consumers relying on fake information and hence purchasing the goods or service.  If you have bought a product after relying on misleading information, you can join other consumers who have suffered the same injuries to get compensated. To make the process of recovery easier, you can consider looking for class action lawsuit lawyers who know the laws that prohibit all types of false advertising. If you are a victim of deceptive advertising, it pays to learn the basic laws whether you are to file a lawsuit or not. The information can also be useful for your health being.

Types Of False Advertising

False advertising involves publishing advertisements that contain untrue information with the intent to promote sales. People who have suffered injuries from false advertising have the right to file a lawsuit. The lawsuit is to recover monetary loss due to the business or company misleading consumers into buying their goods and services. Two leading illegal practices done by businesses regarding false advertising include:

  • Deceptive advertising on pricing:Businesses are fond of making incorrect price comparisons. Besides, they also offer what supposedly seems to be free but have hidden costs.
  • Deceptive advertising on consumption or misleading health claims:Consumers get satisfied that some products or services have health benefits, which increases consumers’ expectations, while it’s not true.

Other forms of false advertising include:

  • Manipulation on terms. For instance, a seller can describe health supplements as 100% organic without having the right ingredients.
  • Oversize packaging and fillers tend to increase the weight of what the consumer thinks he/she is buying
  • Inconsistent comparisons with other products in the market. Companies always compared goods to other companies, which is not illegal if the product has the right characteristic. To take action in such a case, one may need to prove that the product left detrimental characteristics though it was termed as “better.”

If an advertiser deliberately makes false advertisements, consumers can bring in legal action or bring the advertiser into compliance with the Federal Trade Commissions (FTC). The law allows consumers to sue for monetary damages they have suffered due to such an advertisement.

Are You A Victim Of False Advertising?

Advertisements often contain exaggerated information to try to elicit an emotional response from consumers. Meaning, not every advertising may be illegal or false. It requires the right lawyer to determine whether the adverting relied on by consumers was false

If you have relied on false advertising, you need to recover your monetary loss. Since several consumers may be affected by the same violation, you may choose to hire a class action lawyer who can seek compensation for all claimants. He/she will guide you on whether you are to first submit your claim to a local agency and then later file a civil lawsuit. The lawyer can evaluate your case and determine the best path forward to obtain a recovery.

Categories
Discrimination

Are Your Facing National Origin Discrimination In Your Workplace?

California’s Fair Employment and Housing Commission have continued ensuring there is protection against national origin discrimination. A good number of lawsuits have been filed in connection with such discrimination. However, this has not stopped some employers from discriminating against applicants or employees based on their national origin. If you feel like you are experiencing national origin discrimination, you can seek legal advice from top employment law firms. Below is some information to help you understand national origin discrimination.