Are you a Bay Area employee that has been fired in spite of a written employment contract? Does your employment contract say that you would not be fired unless there is ‘good cause,’ and you have done nothing warranting a termination? If so, you may have an employment claim against your employer.

If you have a written employment contract, the contract likely states what is defined as ‘good cause.’ Your employer, however, may not include unreasonable clauses in the contract. If you believe that you have not done any of the things defined as ‘good cause’ for termination, you may be able to sue your boss. In this case, you are likely arguing that your employer has breached the written contract because the contract said that you would not be fired without good cause, there was no good cause to fire you, and you were fired anyway.

If you believe that you fit the above description, your employer may have breached your employment contract. If this is true, in California you can sue for lost wages and benefits and potentially form of future wages. You may not sue for emotional distress. If you think that you have a claim against your boss, call Law Offices of David H. Greenberg at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We will help walk you through this process.

California is an ‘at-will’ employment state. This means that if you do not have an employment contract guaranteeing your job for a period of time, you can be fired for any reason at any time. However, there are some cases where a firing may still be illegal. Your employer may not fire you because of your race, gender, national origin, sexual orientation, or because you belong to another protect class.

However, your termination may also be illegal if your employer breached an ‘implied’ employment contract. An ‘implied’ contract is typically created by circumstances that ‘imply’ that an employment contract exists and oral statements. There are several factors that may create an ‘implied’ contract. The more factors that exist, the better chance you have for bringing a suit against your employer. These factors include: (1) Length of Service, (2) Progressive Discipline Policy, and (3) Employee Benefit Programs.

• Length of Service: The longer you have worked for an employer, the more likely that you have an ‘implied’ employment contract. If you have just started working for your boss, it is not likely that you have an ‘implied’ contract.
• Progressive Discipline Policy: Many companies have these types of policies that state that an employee will not be fired the first time the make a mistake. These policies often include a system for dealing with employee mistakes or inappropriate behavior which include warnings, second warnings, and eventually termination of employment. If your place of work has a policy like this, you may have a stronger case for an ‘implied’ contract.
• Employee Benefit Programs: These programs include retirement programs, 401K’s, and other systems that show that an employer expects an employee to work long enough to partake in these programs.

If you believe that you have an ‘implied’ employment contract, and that you have been fired without reason, contact employment attorneys Law Offices of David H. Greenberg at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are a team of experienced lawyers that can help you fight for your job!

California is an ‘at-will’ employment state. This means that if you do not have an employment contract guaranteeing your job for a period of time, you can be fired for any reason at any time. However, there are some cases where a firing may still be illegal. Your employer may not fire you because of your race, gender, national origin, sexual orientation, or because you belong to another protect class.

However, your termination may also be illegal if your employer breached an ‘implied’ employment contract. An ‘implied’ contract is typically created by circumstances that ‘imply’ that an employment contract exists and oral statements. There are several factors that may create an ‘implied’ contract. The more factors that exist, the better chance you have for bringing a suit against your employer. These factors include: (1) Length of Service, (2) Progressive Discipline Policy, and (3) Employee Benefit Programs.

• Length of Service: The longer you have worked for an employer, the more likely that you have an ‘implied’ employment contract. If you have just started working for your boss, it is not likely that you have an ‘implied’ contract.
• Progressive Discipline Policy: Many companies have these types of policies that state that an employee will not be fired the first time the make a mistake. These policies often include a system for dealing with employee mistakes or inappropriate behavior which include warnings, second warnings, and eventually termination of employment. If your place of work has a policy like this, you may have a stronger case for an ‘implied’ contract.
• Employee Benefit Programs: These programs include retirement programs, 401K’s, and other systems that show that an employer expects an employee to work long enough to partake in these programs.

If you believe that you have an ‘implied’ employment contract, and that you have been fired without reason, contact employment attorneys Law Offices of David H. Greenberg at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are a team of experienced lawyers that can help you fight for your job!

Deafness is a condition that causes people to have a lack of sensitivity to sound. The degree of severity depends on each individual. Some people have hearing loss in only one ear, while others have impairments in both ears. If you employer has discriminated against you based on your deafness, you may have a claim against your boss. However, in order to bring a suit, you must be able to show that your deafness has resulted in physical limitations, that you can still perform the essential tasks of your jobs, and that your employer has discriminated against you based on your deafness. Some examples of how your employer may have discriminated against you include your employer not allowing you to miss work for doctors’ appointments, your employer not allowing you to take a reasonable time off work, your employer not providing you with reasonable at-work accommodations for your disability, and your employer not providing you with a sign language interpreter.

If you believe that you have an employment claim against your boss because he or she has discriminated against you based on your deafness, contact Law Offices of David H. Greenberg at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. Our team of skilled attorneys is here to help you!

San Leandro, California is part of Alameda County, and is also part of the greater Bay Area. San Leandro, CA is home to a very diverse population of individuals, and the residents of San Leandro are from various ethnicities. The city is 29.2 percent Asian, 21.3 percent Hispanic/Latino, and 11.8 percent black.

Diverse populations often face difficulties in the workplace. However, it is illegal if your employer discriminates against you based on your race, religion, ethnicity, national origin, sexual orientation, age, or gender.

If you are living in San Leandro, and you believe that you have been discriminated against based on your race, religion, age, etc., you may have an employment claim against your boss. Don’t hesitate to act. You have a right to a non-hostile working environment. Call Law Offices of David H. Greenberg at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you!

National Origin harassment is against the law. Many Bay Area residents have faced discrimination because of their race or national origin at work. This behavior is illegal, and often linked to harassment based on national origin. The Equal Employment Opportunity Commission has settled a case against Wheeler Construction for $325,000 on behalf of Mexican employees. These employees allege that they faced national origin harassment at work. This harassment included a supervisor calling the employees derogatory names and telling Hispanic workers to ‘go back to Mexico.’ This types of harassment is wrong and illegal. Do not stand for this type of behavior. Contact Bay Area employment lawyers today. Law Offices of David H. Greenberg can be reached at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help!

Have you been refused a position because you have a disability? If the answer is ‘yes,’ you may have a legal claim against the company who discriminated against you. The Americans With Disabilities Act (ADA) protects individual with a disability from being denied a job because of their disability. Disability discrimination is not something that should be tolerated. If you think you have been a victim, you are not the only one. Recently a company known as Advanced Auto Parts, agreed to settle a Disability suit brought by the Equal Employment Opportunity Commission (EEOC). Advanced Auto Parts agreed to pay $50,000 to settle the case. The company refused to hire Jeffery Scott Sanders in 2004 because he had cerebral palsy. The EEOC alleged that the company refused to hire Sanders, and hired a less qualified individual in his place.

If this has happened to you, call Law Offices of David H. Greenberg now! Contact us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. Our lawyers have been dealing with discrimination cases for years, and we have the skills and determination to protect your rights!

People of all ages can be victims of sexual harassment. Sexual harassment is against the law, and should not be tolerated at work. You may have faced one, or both, types of sexual harassment during your employment. The first type of sexual harassment is ‘quid pro quo’ harassment. This is the type of sexual harassment that occurs when your boss offers to trade work benefits (or job security) for sexual favors. A second type of harassment is known as the ‘hostile work environment.’ Under this type of harassment, a person is made to feel uncomfortable on the basis of sex as a result of offensive behavior that is severe and pervasive.

If you have experienced either, or both, types of sexual harassment you are not alone. Recently an 18 year old teenager sued Burger King for sexual harassment at work. Burger King agreed to settle the case for $85,000. The teen alleged that the general manager harassed her through unwanted touching, sexual advances, and requests for sexual favors.

If you have been a victim of sexual harassment, call SF employment lawyers Law Offices of David H. Greenberg at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We can help protect your rights at work!

Racial discrimination at work is against both federal and California law. It is illegal to discriminate in the ‘terms and conditions of employment’ by race or color. ‘Terms and conditions’ includes things such as salary, vacation time, promotions, demotions, title, etc. ‘Race’ is often defined as an individual’s ancestry or ethnic characteristics.

Unfortunately, racial discrimination is all too common in the workplace. Recently, a company called N-M Ventures has agreed to pay $457,500 in order to settle a racial discrimination suit brought by the Equal Employment Opportunity Commission (EEOC) on behalf of eight black employees. It is alleged that these employees were forced to deal with racial epithets and insults on several occasions.

All individuals are protected by Title VII of the Civil Rights Act that prohibits racial discrimination. If you have been a victim of this offensive and unacceptable behavior, contact Law Offices of David H. Greenberg at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help!

On November 17, 2008 the federal Labor Department revised the Family and Medical Leave Act (FMLA). If you are leaving work to care for a family member with a serious health condition, you should know if you are covered under FMLA and the California Family Rights Act (CFRA). In regards to establishing the need to care for a family member with a serious health condition, the new regulations have affected FMLA. The new requirements call for an employee to clarify that ‘incapable of self-care because of a mental or physical disability’ is determined at the time FMLA leave starts – not after. The Americans with Disabilities Act (ADA) has also been amended to make it easier to establish a disability, thus allowing more conditions to be considered ‘disabilities’ when deciding who qualifies for FMLA leave.

Under the CFRA, the regulations provide that an employee may take time off for a family member who is covered when the family member’s serious health condition ‘warrants the participation of the employee.’ Under CA law, a ‘serious health condition’ may be an ‘illness, injury, impairment, or physical or mental condition.’

If you need to take time off to care for a relative, and you are unsure if you are covered by FMLA or CFRA, contact employment lawyers, Law Offices of David H. Greenberg at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We can help you protect your family!