San Francisco Employment Lawyer Blog

California law is very protective of pregnant employees. The California Fair Employment and Housing Act (FEHA) provides protection. If a pregnant worker in CA requests reasonable time off for pregnancy leave, the employer must grant the leave. A “reasonable” time off is considered to be the period of time where the woman is disabled due to pregnancy, childbirth, or similar medical condition.

Employers’ Duties to Accommodate Pregnant Women
An employer has various duties that he/she owes a pregnant employee. If a pregnant employee, with the advice of her doctor, asks her employer for a less dangerous or strenuous position, the employer is obligated to allow her to change positions if the change will not be “unduly burdensome” to the employer.

Pregnancy and Discrimination
If you are a pregnant Bay Area employee you should know that your employer may not discriminate against you based on your pregnancy. Pregnancy discrimination is illegal under FEHA and Federal Law under Title VII. Pregnancy discrimination also includes not only discrimination based on pregnancy, but also discrimination based on potential pregnancy, childbirth and related medical conditions.

If you live in Northern California and have experienced pregnancy discrimination or a violation of your right to pregnancy leave, contact experienced employment attorneys, Greenberg & Rudman, LLP, at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. We are here to help you! You can also visit us at www.discriminationattorney.com to learn more.

Many Bay Area residents suffer from obesity. Obesity is defined as a condition when the percentage of body fat in an individual reaches a point where it becomes linked to health issues and increased mortality. A body mass index of 40 or higher, is often considered severely or morbidly obese.

If you are obese due to physiological reasons, and your condition meets several criteria, it may constitute a medical disability. In order to constitute a medical disability, you must be able to show that your obesity has resulted in physical limitations, that you can still perform the essential tasks of your occupation, and that your employer has taken an adverse action against you on the basis of your obesity.

Examples of “adverse actions” that an employer may take against you based on your obesity may include firing, or not hiring, you because of your condition. Other examples of discrimination include your employer not allowing you to take time off of work to seek exercise therapy, or not providing you with reasonable at-work accommodations for your condition.

If you are an obese resident of Northern California, you should know you are not alone. If you believe that your obesity is a medical disability, and that your employer has discriminated against you based on your obesity, call Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you!

Santa Clara, California is home to one of the many California missions scattered across the state. This city is uniquely situated in the heart of Silicon Valley, and is also where Santa Clara University is located. Santa Clara is a city filled with many people from various ethnic and racial backgrounds, and has many black, Hispanic/Latino, and Asian residents.

With a socially and culturally diverse population, conflicts may arise in the workplace. However, discrimination based on your religion, race, ethnicity, national origin, sexual orientation, age, or gender is illegal.

If you believe you have been a victim of discrimination, call Greenberg & Rudman, LLP. Call us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are a group of highly skilled discrimination attorneys that can help you protect your rights at work.

In 2007, the Equal Employment Opportunity Commission (EEOC) received 12,510 allegations from employees claiming sexual harassment. 16 percent of the charges were filed by men. Although most people think of the “harasser” as being male, and the “victim” as female, women can be guilty of harassing men. Harassment also can occur when a member of one sex harasses a member of the same sex.

Harassment is defined as unwanted sexual advances, verbal conduct of a sexual nature, unwelcomed touching or physical contact, or other behaviors that create a hostile, offensive, or intimidating workplace environment.

If you are a male, or female, and have been a victim of sexual harassment at work, you should know that it is illegal. Protect your rights and call Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

A hostile work environment exists when an individual has been harassed by an employer, supervisor, co-worker says or does something that makes the victim feel uncomfortable because of his/her sex. This creates an uncomfortable workplace environment.

In order to have an employment claim, the conduct must be “offensive.” Courts have found that offensive joking, images, physical contact, leering, and unwanted requests for dates, may be sexual harassment. These unwanted behaviors can lead to the “hostile work environment.” The harasser may be between people of the same sex, or of opposite sexes. A woman can be a harasser to a man.

The harassment must also be “severe and pervasive.” This means that a single, isolated instance of an offensive comment may not constitute sexual harassment. However, sexual harassment is evaluated on a case-by-case basis.

If you believe that you have been a victim of sexual harassment, and have been suffering through a hostile work environment, please call Greenberg & Rudman, LLP, at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you!

Brian Quintana, a co-producer of “Superman: Man of Steel” is suing another co-producer Jon Peters for sexual harassment. Quintana alleges that there were several occasions when he was physically and sexually harassed by Peters. The harassment included being groped by male individuals on Peter’s behalf, as well as allegations that Peters would wrestle Quintana in a sexual manner, and that Peter’s would fondle himself in front of Quintana.

Sexual harassment does occur in the workplace, and it is illegal. The harasser may be someone of the same or opposite sex. If you have been a victim of sexual harassment at your job, you should know that you are not alone. Greenberg & Rudman, LLP is a team of skilled and experienced lawyers that can help you protect yourself. Call us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help.

A $2.1 million settlement was reached in a suit brought by a class of African American restaurant employees and applicants who asserted that the operator of Spenger’s Fresh Fish Grotto excluded African Americans from certain jobs and punished them more severely than other employees. The restaurant was located in Berkeley, California.

The court determined that $1.1 million would be distributed among the plaintiffs. $90,000 was allocated to start an administrative and monitoring fund, and $900,000 would go to attorneys fees.

Discrimination on the basis of race is illegal. If you have been discriminated against based on your race, you may have an employment law claim. Contact Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to protect your rights.

In Sullivan v. Oracle Corporation the court held that CA labor code applies to nonresidents that have done work in CA. The case was brought by three workers alleging failure of overtime pay. The employees were residents of Arizona and Colorado who worked in California training Oracle customers to use the software.

If you are an out of state resident, working in CA, and you have been denied overtime, you may have an employment claim. Call Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

A federal judge recently ruled that two former brokers for JPMorgan Chase & Co can sue over allegations that JPMorgan illegally denied them overtime pay. The former employees contend that they were awarded on a commission basis and that they were wrongly denied pay for hours worked beyond a 40 hour work week. The employees also argued that when customers challenged transactions executed by the brokers, JPMorgan Chase wrongly deducted the losses from the worker’s compensation. JPMorgan Chase was not available for comment.

Under federal law, certain hourly employees who work over 40 hours in one week must be paid at least one and one-half times his or her regular rate of pay for every hour worked over 40. CA has even more protective overtime laws for employees.

If you are worker in the Bay Area, and you believe that your employer is not paying you proper overtime, contact Greenberg & Rudman, LLP. We are a team of professional and skilled attorneys that can help you. Call us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

If you live in the San Fran Bay Area, you should know that discrimination at work on the basis of your sex is illegal. It is unlawful for an employer to discriminate against any worker or applicant on the basis of sex in reference to hiring, firing, training, compensation, promotion, or any term or condition of employment. It is also against the law for employers to discriminate on the basis of stereotypes about the characteristics or performance abilities of individuals of either sex. Discrimination through neutral employment policies that have disproportionate impacts on one sex that is not job related, is also illegal.

If you have been a victim of sex-based discrimination, you should know that it is illegal, and you are protected under the law. Call Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help protect your rights.

Discrimination at work on the basis of religion is illegal. Title VII of the Civil Rights Act of 1964 prohibits religious discrimination at work in hiring, firing, and other conditions. Title VII includes employers with over 15 employees, and also covers federal and state governments. Employees cannot be forced to participate, or not participate, in a religious activity as a condition of their employment.

In 2006, the Equal Employment Opportunity Commission (EEOC) received 2,541 charges of religious discrimination at work. The EEOC resolved 2,387 of these charges and recovered $5.7 million in monetary damages.

If you believe that your California employer has discriminated against you on the basis of your religion, call our experienced discrimination attorneys at Greenberg & Rudman, LLP. You can contact us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Panic Disorder is characterized as being a mental condition that involves intense and reoccurring panic attacks. Panic attacks are episodes of extreme anxiety. Panic Disorder can often be controlled through anti-anxiety medication or anti-depressant medication. Therapy is often involved in treatment. Other methods of dealing with Panic Disorder include journaling, and stress and time management classes.

Your diagnosis of Panic Disorder may constitute a medical disability if your case has resulted in physical limitations, you can still perform the essential functions of your position at work, and your employer has taken adverse action against you based on your Panic Disorder. Adverse actions by your employer may include your employer not allowing you to take time off work for medical appointments, not allowing you reasonable time off work, not allowing you to take time off for therapy or counseling sessions, and/or not providing reasonable accommodations at work for your disability.

If you believe that your employer has discriminated against you based on your Panic Disorder, contact Greenberg & Rudman, LLP. You can call us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are a team of experienced attorneys that are here to help you!

Berkeley, California is located just east of the San Francisco Bay and is the home to over 105,000 residents. The prestigious university UC Berkeley is also located within this city. Berkeley is home to many people with unique backgrounds. 16 percent of its population identifies as black, 11 percent identifies as Asian, and 10 percent as Hispanic/Latino. 4 percent of Berkeley’s population identify as more than one race.

With a very large and diverse population, conflicts may arise at the workplace. It is illegal for your boss to discriminate against you based on your religion, race, ethnicity, national origin, sexual orientation, age, or gender. If you believe you have been a victim of discrimination, call Greenberg & Rudman, LLP. We are a team of experienced employment attorneys that can help you through this process. Call us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Anthony Kite, an independent hospital consultant, accused the Saint Vincent Health Center of inflating its Medicare reimbursements from 2001-2003. The health center increased its average charges for many of its most common treatments between 40 and 120 percent in 2002. Kite’s attorney claimed that this allowed the hospital to send a higher percentage of claims to Medicare.

Saint Vincent will pay $1.9 million to settle the whistle-blower lawsuit. Kite and his attorney will receive 27 percent of the settlement. The Hospital has not admitted fault or wrongdoing. It maintains that it acted appropriately, legally, and ethically at all times.

“Whistle Blowing” is when a worker reports an employer’s breaking of the law to an agency or law enforcement. Employees who blow the whistle on their employer are protected under the law. If they are fired, or discriminated against, they can sue.

If you believe you have been discriminated against by your employer based on your whistle-blowing, then you may have an employment claim. Call Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

In the last year, at least 53 mentally disabled patients in Texas facilities died from preventable conditions. A report issued by the Department of Justice found that the facilities violated residents’ rights and referred to the number of injuries to patients “disturbingly high.” This is the third time in three years that the Department of Justice has investigated Texas for similar problems.

Medical Disability discrimination is real. California protected people with disabilities under the FEHA (Fair Employment and Housing Act). Under this act, an individual is considered disabled if they are limited in a major life activity. Under FEHA, “work” is always considered a major life activity. Discrimination at work based on your medical disability is illegal. In order to have a claim, you must be a “qualified individual with a disability.” Thus, you must be able to do your job.

If you believe you are a victim of medical discrimination, call Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to fight for your rights!

Wal-mart was sued in a class action for allegedly cutting worker’s break time and not preventing employees from working off the clock. The class action includes around 100,000 present and former Wal-mart employees who worked for the company between 1998-2008.

Wal-mart maintains it is committed to paying its workers for all time worked and for making sure they received proper breaks for meals and rest. Wal-Mart has faced 76 similar class actions across the country since March. In the present case, Wal-Mart said it will pay up to $54.25 Million to settle the lawsuit.

If you are a CA employee, and you believe that your employer has not been allowing you proper meal/rest breaks, or has not been compensating you for the hours worked, contact Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are a group of experienced employment attorneys and we are here to help you.

Dr. Michael Martinucci, radiologist, sued Kaiser Permanente after leaving the company. Martinucci claims he was forced to quit after he complained about the work standards and patient care.

The doctor was hired in 2003, and resigned three years later after a human resource employee accused him of racism and sexual harassment. The CA jury awarded Martinucci $7.5 million in punitive damages and $3.9 million in compensatory damages.

It is illegal for an employer to discriminate against an employee for “blowing the whistle.” This means that if the employee believes the employer is acting illegally, and the employee reports this behavior to an agency or law enforcement, it is illegal for the employer to retaliate against the employee.

If you believe that you have been retaliated against for “whistle blowing,” you may have an employment claim. Contact Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. We are here to help you. You can also visit us at www.discriminationattorney.com to learn more.

Sexual orientation discrimination is illegal. Your employer may not discriminate against you based on your sexual orientation or your perceived sexual orientation. In other words, if your employer believes that you are gay, and discriminates against you based on that belief, the discrimination is illegal, regardless of whether or not you are actually gay.

Statute of Limitations on Sexual Orientation Discrimination at Work:

• If you believe that you have been discriminated against based on your sexual orientation, you MUST report it to the California Labor Commission no longer than 30 days after the discrimination occurred.

Potential Damages for Sexual Orientation Suits:

• Sexual Orientation Discrimination laws are relatively new, so it is not clear the type of damages that may be awarded. However, it looks like employees may recover lost wages, benefits, emotional distress damages, and punitive damages.

If you are a CA worker and believe that you have been discriminated against based on your sexual orientation, call Greenberg & Rudman, LLP. We are here to guide you through this process. Call us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us on the web at www.discriminationattorney.com.

Sacramento, California’s capital city, and home to Sacramento State University, is home to a very large population. With over 446,000 residents, Sacramento is filled with people from various backgrounds and cultures. Over 14 percent of residents are black and 17 percent are Asian.

Sacramento’s diverse group of people may result in work-related conflicts. If you live in Sacramento, California, you should know that discrimination in the workplace on the basis of your religion, race, ethnicity, national origin, sexual orientation, age, or gender is against the law.

If you believe you are a victim of discrimination at your place of work, contact Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are ready and eager to assist you.

The “Glass Ceiling” is a type of discrimination in the workplace based on who is, and is not, chosen for promotions. The Glass Ceiling may be described as follows. First, a company is made up of various individuals in positions of power: Chairman of the Board, President, Executive Vice Presidents, Senior Vice Presidents, Vice Presidents, Mangers, Directors, etc. The “Glass Ceiling” exists whenever a member of a protected class is never able to rise above a certain level within the business. Protected classes may include women or individuals based on race, etc. Proving the existence of a “Glass Ceiling” is primarily done by looking at statistics within a company.

If you are a member of a protected group, and believe that you have been fighting a “Glass Ceiling” at your place of work, contact Greenberg & Rudman, LLP. We are a team of experienced employment attorneys that are here to help you. Call us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Sunnyvale, California is home to many of the top technology companies in Silicon Valley. Sunnyvale is composed of a diverse group of residents. Over 43 % of Sunnyvale’s population is foreign born, and over 50% speaks a language other than English at home.

With such a varied population, conflicts may arise in the workplace. If you live in Sunnyvale, CA, you should know that discrimination in the workplace is illegal. It is against the law for your employer to discriminate against you based on your religion, race, ethnicity, national origin, sexual orientation, age, or gender. If you believe you are a victim of discrimination at your place of work, contact Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you!

Individuals with schizophrenia typically have difficulty with perceiving and expressing reality, and may have social and occupational inabilities. People with Schizophrenia may have hallucinations, delusions, or disorganized thinking. While there is no cure for this condition, it may be treated with medication and psychotherapy. If you have Schizophrenia, your condition may constitute a medical disability if your case has resulted in physical limitations, you can still perform the essential functions of your position at work, and your employer has taken adverse action against you based on your Schizophrenia.

If your Schizophrenia is categorized as a medical disability, your employer may not discriminate against you based on your condition. Discrimination on the basis of your Schizophrenia may include your employer not allowing you to miss work for medical appointments, not allowing you reasonable time off work, and/or not providing reasonable at-work accommodations for your Schizophrenia.

If think you may be a victim of discrimination based on your medical disability, call Greenberg & Rudman LLP at (1-800-ALAWPRO or 1-800-252-9776). We can meet with you for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you.

Shingles is a skin condition that is caused by a virus. The virus leads to painful blisters on the skin, and treatment for Shingles is often in the form of anti-viral drugs. Symptoms of early-stage of Shingles include headache, rash, pain on rash site. The Shingles virus may lead to nervous system problems, meningitis, and/or swelling of the spinal cord.

If you have been diagnosed with Shingles, your case may constitute a medical disability if: (1) your case has resulted in physical limitations; (2) you can still perform the essential functions of your position at work; and (3) your employer has taken adverse action against you based on your Shingles condition.

If your Shingles diagnosis constitutes a medical disability and employer does not allow you to miss work for medical appointments, take reasonable time off of work, and/or does not provide reasonable on-site accommodations for you at work, you may be a victim of discrimination.

If you believe you are a victim of discrimination based on your medical disability, call us at Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. We are a group of experience attorneys that are here to help! You can also visit us at www.discriminationattorney.com to learn more.

California’s capital city, Sacramento, boasts a population of over 450,000 residents. What people might not know, however, is that this city is very diverse with over 62,000 people that identify as black, 67,000 that identify as Asian, and 26,000 residents identifying as more than one race.

With such a diverse population, there may be a cause for concern of discrimination at work. If you are a resident in Sacramento, CA, you should know that discrimination at your place of employment based on religion, race, ethnicity, national origin, sexual orientation, age, or gender is illegal. If you believe you are a victim of discrimination at your job, contact Greenberg & Rudman, LLP. Call us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are a team of experienced discrimination attorneys and are here to help you.

Last year, the Equal Employment Opportunity Commission received 5,587 charges of pregnancy discrimination. If you are a Bay Area employee who is pregnant, or is planning on becoming pregnant, you should be aware of your protections under the law.

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act. Under this Act you may not be discriminated against by your employer on the basis of pregnancy, childbirth, or related medical conditions. The Act applies to employers with 15 or more workers. Employers include state/local governments, employment agencies, labor organizations, and the federal government.

Below are some examples of pregnancy related rights in the workplace:

• In regards to hiring, an employer may not deny a position to a pregnant woman because of her pregnancy related condition, or because of prejudices of other workers, clients, or customers.
• A pregnant employee must be permitted to work as long as they are capable of performing their jobs. If a worker has been on leave due to a pregnancy related condition, and recovers, the employer may not require her to remain on leave until the birth of the child.
• An employer must hold a job open for pregnancy leave, as they would do for other types of medical leave.
• If an employer offers pregnancy related benefits, they cannot be restricted to married individuals.

If you believe that you have been a victim of pregnancy discrimination, contact Greenberg & Rudman LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We can help you protect yourself at work.

The Civil Rights Act of 1964 protects people against discrimination in the workplace based on race. The Act protects against intentional discrimination, as well as policies not related to the job or business needs that appear neutral but have a disproportionate impacts on a certain race. The Act applies to employers of 15 or more individuals. Employers include state and local governments, the federal government, employment agencies, as well as labor organizations. According to the Act, employment may not be denied to an individual based on his/her race or perceived race, racial characteristics, or marriage or association of the individual with someone of a particular race. The Act applies to all races.

In the hiring process, an employer may have job requirements which are applied unevenly to persons of different races. If a job requirement is applied consistently, but if it is not important for job performance or business needs, and excludes persons of a certain race significantly more than persons of other races, it may be found unlawful. Pre-employment questions about race can imply that race will be used as a basis for making decisions, if there is no legitimate purpose for the questions.

Within the workplace, the Civil Rights Act protects employees against racial/ethnic slurs, jokes, or offensive comments. In order for this conduct to be illegal, it must be severe and pervasive, and unwelcome and offensive. Employers are expected to take steps to prevent unlawful racial harassment, and employees are responsible for timely reporting harassment.

If you believe that you have been a victim of race discrimination at your place of work, you should know that race discrimination is illegal. Contact Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We can help you fight for a safe, non-threatening work environment.

Linguistic differences are an integral part of national origin, and national origin discrimination in the workplace is unlawful. In general, employees cannot be discriminated against based on accent. Workers are protected by Title VII of the Civil Rights Act.

According to this act, it is unlawful for an employer to discriminate based on accent unless the accent “materially interferes” with the individual’s ability to perform the job. A merely discernible accent is not grounds for discrimination. However, a discrimination based on an accent that interferes with communication skills necessary to perform a job may be legal. Some examples of jobs that may require effective English communication skills may be teaching, customer service, and telemarketing.

If you are a Silicon Valley worker and believe that your accent does not materially interfere with your job position, but that you have nonetheless faced discrimination because of it, you may be a victim of discrimination. Call Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

The Equal Employment Opportunity Commission received 17,734 charges of disability discrimination in 2007 alone. Disability discrimination is a reality, and CA workers should understand their rights under the American with Disabilities Act (ADA) of 1990. An individual with a disability is defined as someone who has a physical/mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having an impairment.

According to this act, employers (including private, state/local, employment agencies, labor unions) may not discriminate against qualified individuals with a disability in applications, hiring processes, promotions, salaries, training, etc. Employers may not ask job applicants about the nature or severity of their disability. Applicants, may, however, be asked about their ability to perform specific job functions. The ADA applies to employers with 15 or more employees.

If you are an employee with a medical disability, and you believe that you have been a victim of discrimination, contact Greenberg & Rudman LLP for a free consultation at (1-800-ALAWPRO or 1-800-252-9776). You can also visit us at www.discriminationattorney.com to learn more. We are here to help.

Employers may require their workers to sign agreements with non-competition clauses. These types of agreements are often found in the intellectual property field. Silicon Valley workers should be aware of these agreements when they are signing employment contracts.

Non-competition clauses usually involve the employee agreeing not to go into the same type of business as the employer within a specific geographical area for a certain specified term. However, the rights of the employer for protection must also be balanced with an employee’s right to work. The easiest place for employees to find new jobs is within the same field, doing the same type of work.

California law protects employees and their right to work. California Business and Professions Code § 16600 states that any agreement that restrains an individual from working is unenforceable under the law. CA courts, therefore, may choose not to enforce a restrictive non-competition covenant. However, courts are likely to protect employers against unfair competition and misappropriation of trade secrets.

If you are a Silicon Valley employee who has a conflict with a non-competition agreement, contact Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are a team of experienced attorneys who are here to help you.

Hayward is an East Bay California city boasting over 140,000 people. This city has a very diverse group of people living and working within its boundaries. Over 34 percent of Hayward residents are Latino/Hispanic. 11 percent of residents are black and 9 percent are Filipino. With such a diverse and large population, residents of Hayward, CA should be aware of their rights in the workplace.

According to Federal and California laws, employees may not be discriminated against based on their religion, race, ethnicity, national origin, sexual orientation, age, or gender. If you believe that you have been a victim of discrimination in your place of work, you may have an employment claim. Contact Greenberg & Rudman LLP for a free consultation at (1-800-ALAWPRO or 1-800-252-9776). You can also visit us at www.discriminationattorney.com to learn more. We are a team of experienced discrimination attorneys and are here to help you.

Two inspectors were fired from the Inspector General’s Office at the Texas Education Agency (TEA). The inspectors allege they were fired for trying to investigate fraud and waste in the TEA. The two employees are seeking unnamed damages and wish to be reinstated at their positions. The workers allege they are protected under Texas’ Whistleblowing laws and the state constitution.

The TEA contends they had reasonable grounds to terminate the worker’s employment. Both men were fired over the summer after they had discussed their concerns with a state representative and the attorney general’s office. In the lawsuit, the workers allege misconduct on the side of the TEA including falsification of attendance records, contractors who “may have been influenced to overcharge TEA,” a “suspect” contract involving the commissioner of education and an education service center, and illegality in regards to job openings.

If you have reported illegal activities at your place of work to the government or the authorities, and you believe that you have been fired or retaliated against by your employer, you may be a victim of wrongful termination. CA also has whistleblowing laws that protect you. Contact Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation, or visit us online at www.discriminationattorney.com. We are here to answer your questions and help you determine if you have an employment claim.

Thirty-Four Police officers in the San Francisco area filed a lawsuit this week against their department. They allege that they were passed over for promotions due to their age. All 34 veteran officers had been on a waiting list for promotions after passing their inspector’s exam in 1998.

Instead of promoting these officers, the department chose to promote several younger, sergeants to the inspector position at the investigation bureau. Those promoted were less qualified and had never taken the inspector’s exam. The police department’s spokesperson would not comment on the allegation of discrimination.

If you are a Bay Area worker over 40, you should know that age discrimination is against both CA and Federal law. If you believe that you have been subject to age discrimination at your place of work, please contact Greenberg & Rudman, LLP. You can call us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation, or visit us online at www.discriminationattorney.com. We are here to help you!

Gender discrimination in the workplace is illegal. Federal law prohibits gender discrimination which is defined as treating an employee or several employees differently because of their gender. If this discrimination affects the “terms or conditions of employment,” it is against the law. “Terms and conditions” constitutes anything that relates to a person’s job. This includes salary, position at work, vacations, etc.

Judith Tucker, a former employee had worked at the Fresno DA’s office investigating high profile cases. Tucker was employed by the DA’s office for over 29 years. Tucker quit last year after she was denied several promotions. The DA’s office contends they were lawful in denying Tucker promotions.

If you believe that you have been a victim of gender discrimination where you work, you are not alone. Call Greenberg & Rudman, LLP for a free consultation at (1-800-ALAWPRO or 1-800-252-9776). You can also visit us at www.discriminationattorney.com to learn more. We are here to help you fight for your rights in the workplace.

Sizzler agreed to pay a former cook $300,000 to settle a harassment case that alleged the employee was forced to deal with sexual harassment, inappropriate touching, and physical threats. Patricia Huizache, the former employee that filed the suit, alleged that a fellow coworker would often comment on her body. She also claimed that this coworker also stated that Mexican women are “stupid and only good for sex.” The Equal Opportunity Employment Commission (EEOC) filed the complaint on her behalf.

In the settlement agreement, Sizzler has also agreed to revise its anti-harassment policies, and to provide anti-harassment training to all of its managers and employees. Sizzler has admitted no liability.

If you are a resident in the Silicon Valley area and have been a victim of sexual harassment in the workplace, you should know that it is illegal. Contact Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation, or visit us online at www.discriminationattorney.com. We are a team of lawyers that has extensive experience in the field of employment law.

56 year old Deborah Boyajian filed suit against Starbucks for age discrimination. Boyajian alleged a manager at Starbucks ignored company policy prohibiting age discrimination, and refused to hire Boyajian for a barista position due to her age.

Starbucks refutes the claim, alleging that Boyajian was not hired due to mistakes in her application, her personality, and behavior towards Starbucks employees. Boyajian applied several times to Starbucks between 2005 and 2006 and was never hired. The 19 employees the manager hired were all under 30.

Age discrimination is illegal. If you are over 40, and have been discriminated against at work based on your age, you may be a victim of age discrimination. If you believe that you are a victim of age discrimination, call Greenberg & Rudman LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to protect your rights in the workplace.

California employees are protected from being discriminated against based on their sexual orientation. California Civil Code § 12920 and others provide state protection. A recent study released by UCLA shows that the laws that are established to protect discrimination in the workplace against people on the basis of sexual orientation are used as frequently as laws that are in place to protect women and people of color from discrimination based on sex and race. According to the study, there are currently 20 states, California among them, that prohibit sexual orientation discrimination in employment. The study also shows that in eight states the number of sexual orientation employment claims exceeds the number of sex-based discrimination claims.

If you are a worker in Northern CA and you believe that you have been the subject of discrimination at your place of work, you should know that it is illegal. Call Greenberg & Rudman, LLP at Call us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation, or visit us online at www.discriminationattorney.com. We are a team of experienced discrimination attorneys and we are here to help you.

The Family Medical Leave Act (FMLA) will be seeing changes come January 16, 2009. FLMA applies to all private and public employers with 50 or more employees. In order for an employee to leave under this act, the employee must have been working at his/her workplace for at least a year, and worked at least 1,250 hours during the year before they wish to take the leave.

Some of the new changes to FMLA include the following:

• Employee’s privacy will be increased, as an employee’s direct supervisor will not be allowed to contact a health care provider for medical certification.


• Employers will now be able to consider FLMA leave when determining bonuses and incentive-based rewards.


• Employers have been given permission to require evaluations of “fitness-for-duty” to make sure that employees who took FLMA leave will be capable to return to their specific positions.


• Employees with chronic medical conditions will be required to certify that they visit a doctor at least twice a year for that condition. The worker must also warn their employer that they are likely to miss work “absent unusual circumstances.”

Although changes are coming to FLMA, employees are still protected under this act to take time off from work for certain life events. Under FLMA, a qualified employee may be given up to twelve weeks off of unpaid leave for the birth, adoption, or foster placement of a child, during the first year of the child’s arrival. Qualified employees are also allowed to take time off of work to care for children under 18 who are ill or injured, children over 18 who are unable to care for themselves due to a physical or mental disability. Workers are also able to take time off of work for health problems that affect the employee, his/her spouse, or parents. Unmarried partners and in-laws are excluded from this provision.

If you believe that you have not been giving your rights under FLMA, contact Greenberg & Rudman, LLP. Call us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation, or visit us online at www.discriminationattorney.com. We are here to fight for you and your family.

If you are a worker in the Bay Area with sleep apnea, you should know that your condition may be considered a medical disability. However, not all cases of sleep apnea would constitute a medical disability. In order for your diagnosis to be considered a disability, you must show that your sleep apnea resulted in physical limitations, that you can still perform the essential functions of your job, and that your employer has taken an adverse action against you based on your sleep apnea.

Sleep apnea is a condition that results in pauses in breathing during sleep. If is often first discovered by someone witnessing a sleeping individual pausing breaths or it may be suspected by a doctor due to affects on the individual’s body. If you have been diagnosed with sleep apnea, and your case fits the definition of a medical disability, your employer may not discriminate against you based on your sleep apnea.

Common forms of discrimination in the workplace include your employer not allowing you to miss work to attend medical appointments, your employer does not allow you to take a reasonable time off of work, or your employer does not provide reasonable work accommodations for your disability.

If you believe your sleep apnea has lead to discrimination at your workplace, contact Greenberg & Rudman, LLP for a free consultation at (1-800-ALAWPRO or 1-800-252-9776). You can also visit us at www.discriminationattorney.com to learn more. We are here to help!

http://www.discriminationattorney.com/lawyer-attorney-1287342.htmlA California Court awarded a police officer $3.6 million dollars after he was demoted from his position and suffered retaliation for protecting a sexually harassed colleague. Officer Bender was thrown out of the canine bomb unit and demoted after he protected the only woman in the unit from being the subject of obscene jokes and innuendos, and being excluded from training sessions. Bender lost almost half of his pay after the demotion, and had to refinance his house. This, sadly, is not an isolated incident. In September of this year, another police officer was awarded $3.1 million. He was penalized for reporting a superiors’ use of racial epithets and possible embezzlement.

Retaliation in the workplace is not uncommon. If you have been a “whistle blower” at work, and have reported an employer’s illegal behavior to the government or to law enforcement, your employer may not retaliate against you.

If you believe that you have been the subject of retaliation at work, and would like to know if you have an employment claim, contact Greenberg & Rudman, LLP. Call us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation, or visit us online at www.discriminationattorney.com. We are experienced attorneys and we will fight for you!