Categories
Discrimination

Termination Due To Age Discrimination

It’s not uncommon for employees to experience age discrimination.  In California, no employer is allowed to discriminate against employees based on their age. As such, the law prohibits discrimination of employees at least 40 years old or more.

Termination for age discrimination occurs when an employer takes an unlawful employment action because the employee engaged in a protected activity due to age.

If your employer fired you because of complaining about age discrimination, you could choose to have a wrongful termination lawyer in Orange County to help you determine whether your termination is illegal.

 

When You Are Terminated

If you have been fired, then it behooves you to learn whether such termination is illegal. California law is lenient to ensure employees are protected from age discrimination.  As such, an employee can file a claim against their employer.

Filing such a claim requires that you first understand whether the law protects you. For example, the Age Discrimination in Employment Act (ADEA) requires that all employers with 20 or more employees should not discriminate against employees ages 40 years or more. Therefore, you would find it worthwhile to file a claim against your employer if you reasonably complain about your employer illegal action based on age, but he/she took an adverse action.  For instance, your employer may have failed to promote workers aged 40 or above, claiming the new position required vibrant, young-looking workers.

In most cases, it’s challenging to spot age discrimination or any adverse action being taken because you complained about age discrimination at the workplace. A good lawyer can help you identify signs of age discrimination. This evidence will be required when awarding damages.

 

Filing A Termination Claim

Every state has its laws when it comes or discrimination about age. This provides a clear fact-finding procedure for any employee to understand when there is any unlawful discrimination from their employers.  As such, employees are aware of their rights and responsibilities. So if you complained about an employee who was retaliated against because of age, or you are an employee aged 40 or older who have been discriminated for illegal purposes, your case may be valid as long as:

  • You have a valid reason which is in good faith, to believe that the practice of discrimination is illegal.
  • You are against such practice as it’s against the law and such law protects you from retaliation.

The law on discrimination must be clear on what you’re complaining about. For example, your employer should not punish you because you filed a discrimination claim based on age.

 

 Contemplating About Legal Representation?

You may have reasonably complained about age discrimination and your employer took an adverse employment action. In this case, the best way would be to look for an experienced employment lawyer to help you file a wrongful termination claim.

Your lawyer can help you understand what is needed to file your age discrimination claim. If your case is successful, there are tons of damages to collect. Again, your lawyer should advise you on how much damages to recover as such differ by state and the rules governing that state.

However, to get damages, you will have to prove that the discrimination will affect your career life and earning capacity, employment benefits, among others.

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
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.

Categories
Discrimination

What To If Your Employer Has Denied Your Request For A Reasonable Accommodation

It’s illegal to discriminate against an employee based on their disability. As such you are supposed to request your employer for a reasonable accommodation. Though this is an employee’s right, you may find that most of the employers may refuse even valid requests.

Categories
Discrimination

Suing For Promotion Discrimination In California

If you have been denied a promotion at work, it may not be easy to take the thought off. Despite an employee having stellar qualifications, some employers pass them over while promoting others. This feels like a slap on the face that may leave you with so many questions. The fact is that promotion discrimination happens every time. This is apparent when another employee with lower qualifications compared to yours gets promoted. At times, the employer may also promote an employee based on color, race, or religion, among other protected classes. If you believe in having a valid discrimination claim, you need top employment law firms to help you gather up the right evidence for your case.

Categories
Discrimination

What Can I Do If My Employer Is Discriminating Me Against Mental Disability?

While some of the California workplaces promote and help support employees with disabilities, others do nothing about this. Those who support these employees are likelier to increase productivity. Unfortunately, most employees with disabilities are not always easily detectible. And in most of the case, these employees may suffer. Worse enough is when they are discriminated against because of their mental condition. If your employer has fired or demoted you against your mental disability, you may have a legal claim against your employer. Mental disability cases are very complex; it only disability discrimination attorneys can help one file a successful claim. It’s always advisable to understand what qualifies as a mental disability and what steps to take if you are discriminated against by your employer for having a mental disability.