A former worker for American Apparel, Roberto Hernandez, sued the company in a California court for wrongful termination. Hernandez asserts that he was fired one week after he refused to pad American Apparel’s balance sheet and to make the company appear more appealing to investors. The company contends that it fired Hernandez for ‘legitimate reasons.’

California is an ‘at-will’ state. This means that your employer can fire you at any time, for any reason. However, your employer may not discriminate against you for reporting your employer’s illegal behavior to authorities. ‘Retaliation’ occurs when an employer fires an employee for engaging in a legally protected activity.

In order to support a claim for retaliation, you must be able to show three things: (1) You took part in a legally protected activity, (2) Your employer negative acted against you; (3) Your behavior was what caused your employer to act.

If you believe that you have been wrongfully terminated, or a victim or retaliation, contact Law Offices of David H. Greenberg, LLP. Call us at (1-888-204-1014) for a free consultation, or visit us online at www.discriminationattorney.com. We can help you protect your employment rights.

If you are a Bay Area employee with Tourette Syndrome, you should know that you may be considered medically disabled. However, not all medical issues are disabilities. In order for your Tourette Syndrome diagnosis to be considered a medical disability you must show that the syndrome resulted in physical limitations, that you can still perform the essential functions of your job, and that your employer has taken some type of adverse action on the basis of your disability.

Many people are aware that Tourette Syndrome may cause people to shout obscene and inappropriate words and phrases in public. However, there are many milder versions of Tourette Syndrome that have more subtle effects on the individual. Tourette Syndrome is a brain disorder that often develops early in a person’s life. The syndrome causes physical and vocal tics. Tics are involuntary, sudden, repetitive movements involving muscle groups. These tics can often be controlled with therapy and/or medication.

If you are a Northern California resident and your case of Tourette Syndrome fits the definition of a medical disability, you should know that your employer may not discriminate against you based your condition. Employer discrimination often takes the form of your employer not allowing you to take time off work for your appointments, not allowing you to take a reasonable amount of time off work, or not allowing you to take time out of work for therapy sessions. If you believe you are a victim of medical discrimination, call Law Offices of David H. Greenberg, LLP. You can reach us at (1-888-204-1014) for a free consultation, or visit us online at www.discriminationattorney.com. We are here to help.

Almost 40 percent of residents in Santa Rosa speak a language other than English at home. Santa Rosa is the fifth most populous city in the Bay Area. Part of California’s wine country, Santa Rosa is home to some very serene natural beauty.

As Santa Rosa is home to so many people, it is important that workers in the area know that they have the right to be protected in the workplace. If you are a resident in Santa Rosa, you should know that your employer may not discriminate against you based on your race, ethnicity, religion, sexual orientation, age, nationality, or gender. You are also entitled to a work environment free of harassment.

If you are living in Santa Rosa and you believe that you are the victim of harassment or discrimination, contact discrimination attorneys at Law Offices of David H. Greenberg, LLP at (1-888-204-1014) for a free consultation. We are here to help you. You can also visit us at www.discriminationattorney.com to learn more.

NY Hospitals St. Joseph’s Hospital Health Center and Crouse Hospital were sued in class action lawsuits and charged with not giving their hourly employees pay for missed or interrupted lunch breaks. According to a lawyer at the firm that brought the suit, it is not uncommon for healthcare workers to have lunch breaks that are frequently interrupted or missed.

According to federal law, however, employees are protected from missing their lunches. The federal law states that an employer typically does not have to pay an employee for meal periods that are 30 minutes or less. However, during the meal break, the employee must be completely relieved form work responsibilities. If this requirement is not met, the employee must be paid.

Over 180 individuals are involved in the two class actions. If you believe that your employer has not given you your required breaks, or if your breaks have been continually cut-short, contact Law Offices of David H. Greenberg, LLP. We will meet with you for a free consultation. Call us at (1-888-204-1014) for a free consultation about your legal rights or visit us at www.discriminationattorney.com to learn more.

The State Compensation Insurance Fund (SCIF) announced that it will raise its premiums 8.9 percent for 2009. SCIF is a San Francisco non-profit enterprise fund that acts as a mutual insurance carrier. This rate increase could affect SF area employees that have been injured, or are later injured on the job. SCIF insures over 200,000 employers in California. The organization generated over $2.3 billion last year in premiums.

Premium increases typically affect some industries more than others. Construction, manufacturing, retail, and transportation are industries that may find it harder to meet the growing costs.

SCIF says that it increased its rates as a result of medical care inflation. Officials say that medical care has grown over 12 percent annually over the past two years. If you have been injured on the job, you should know that worker’s compensation programs are established to protect you. If you have been hurt at work, contact Law Offices of David H. Greenberg, at (1-888-204-1014) for a free consultation or visit us at www.discriminationattorney.com. Our experienced employment lawyers can help you navigate the complex and often confusing workers compensation system.

If you owe money to a creditor, and they obtain a court judgment against you, the creditor may collect by taking a portion of your paycheck until the debt is paid in full. This is called a wage garnishment.

This process starts when a creditor receives a judgment for payment. The creditor then delivers a copy of the judgment to the sheriff or marshal, and they deliver it to your employer. At this point, your employer must immediately notify you of the garnishment, begin withholding a portion of your paycheck, and give you information on how you can protest the garnishment.

In California, your employer may charge you $1.50 per paycheck for processing the wage garnishment. An employer, however, is also liable for any amount of child support payments that are not withheld or not forwarded with interest.

As an employee in California, you have the right not to be fired or discriminated against for being threatened with a wage garnishment. Under the Consumer Credit Protection Act, you are protected from having creditors take more than 25 percent of your net earnings through wage garnishment. If you believe that you have been treated unlawfully in relation to your rights and wage garnishments, please contact Law Offices of David H. Greenberg. We can help you determine if you have an employment claim. Call us at (1-888-204-1014) for a free consultation or visit us at www.discriminationattorney.com.

Women in Silicon Valley should be aware of their rights in the workplace upon return after pregnancy. Rights may vary based on the duration of pregnancy leave.

CA Women’s Pregnancy Leaves that are Four Months or Less
Bay Area women who have taken pregnancy leave of four months or less are entitled to return to the same position. An employer can only reinstate a woman to a comparable position if her position is no longer available. An example of when a position would no longer be available is if there was a layoff due to a plant closure. In this instance, the employer should offer the woman a position that is similar in pay, location, job type, and promotional opportunities. If the employer does not do this, he/she must be able to show that no comparable position exists. It is against the law for an employer to refuse to return a woman to her job if they prefer her replacement to her, or if during absence the employer identified inefficiencies in the woman’s job performance.

California Women’s Pregnancy Leaves Greater than Four Months
If you are a woman in Northern CA returning to work after a leave of greater than four months, you still have rights upon going back to work. If pregnancy disability extends beyond four months, or if a woman takes an elective leave that is not a California Family Rights Act (CFRA) leave, the woman is entitled to the same rights given to other employees who have taken non-pregnancy related leaves.

If you are a woman living in the Bay Area, and you believe that your rights upon returning to work after a pregnancy leave have been violated, please contact us at Law Offices of David H. Greenberg at (1-888-204-1014) for a free consultation or visit us at www.discriminationattorney.com. Our experienced employment attorneys can help you determine if you have an employment claim, and we will walk you through the process of protecting your rights.

Sexual harassment is against the law. Bay Area residents should know that they are entitled to a workplace free of harassment. According to the Department of Fair Employment and Housing (DFEH), sexual because of sex includes: sexual harassment, gender harassment, harassment based on pregnancy, childbirth, or related medical conditions.

Sexual harassment is defined as unwanted sexual advances, or any visual/verbal/physical conduct that is of a sexual nature. This definition includes many types of offensive activity and includes harassment of a person of the same sex as the harasser. The follow is a list of some examples of sexual harassment:

• Undesired sexual advances
• Offering employment benefits in exchange for sexual favors
• Threatening retaliation after a rejection of sexual advances
• Visual conduct such as leering, sexual gestures, displaying suggestive objects/pictures/cartoons/posters
• Verbal conduct including making or using derogatory comments, epithets, slurs, jokes
• Verbal sexual advances or propositions
• Verbal abuse of a sexual nature, comments about an individuals’ body
• Physical conduct including touching, assault, blocking movements

If you believe that you have been sexually harassed in the workplace, contact the lawyers at Law Offices of David H. Greenberg, at (1-888-204-1014) for a free consultation or visit us at www.discriminationattorney.com. We can help you fight harassment.

Owners of Delta Valley Convalescent Hospital in Stockton, CA were accused of discriminating against Karen Smith, an employee who was diagnosed with Aortoliliac Occlusive Disease and Femoral Artery Disease, which affect multiple parts of her body system.

When Smith talked to her employer about her diagnoses, her request for medical leave for surgery was denied and her employment was terminated. As part of the settlement, the hospital will pay $65,000 and the owners agreed to attend an annual training program emphasizing disability discrimination. Employers also agreed to display the Department of Fair Employment and Housing (DFEH) poster. The poster advises employees about their employment rights. Owners did not admit liability.

According to the DFEH, disability discrimination is prohibited by CA law. An employer may only discriminate against a person based on their disability if the employer can show that: (1) The person is unable to do the essential functions of the job, and that no reasonable accommodations exist that would enable the person to perform the essential functions of the position, or (2) The person would create an immediate danger to him/herself or others by performing the job, and that no reasonable accommodation would reduce that danger.

The DFEH also notes that an employer may not discriminate against an individual based on their disability because accommodating such individual would cause their insurance rates to increase. Also, the employer may not discriminate based on disability because there may be a potential future harm to the employee or other persons.

If you are a CA resident and you believe that you have been a victim of discrimination based on your medical disability, call Law Offices of David H. Greenberg, LLP at (1-888-204-1014) for a free consultation or visit us at www.discriminationattorney.com. We can help you protect your employment rights.

Just this month, a former San Francisco Muni bus driver has sued the city of San Francisco alleging that he was fired for complaining about harassment after reporting a senior bus driver was not doing his job properly. The driver, Mr. Wong, accidentally killed someone as he was driving his bus in 2002. After the incident, Wong was transferred to office duty. During his time working in the office, Wong contends he reported problems in the workplace and management failed to respond. After this, Wong alleges he was ‘singled out, threatened to ongoing verbal abuse by his co-workers and managers.’ Wong contends that managers ignored employees calling him a racist and lunatic.

Wong is seeking $70,000 a year position back and unspecified monetary damages over $25,000. While it is still unclear whether or not Wong was the victim of harassment, if he was, then it is against the law. If you believe that you are a victim of harassment, you should know you are not alone. Contact Law Offices of David H. Greenberg at (1-888-204-1014) for a free consultation or visit us at www.discriminationattorney.com. We can help you fight harassment.