Harassment is a very serious issue, and it should not be taken lightly. Just this month, a case involving 14 female police officers from Hayward, California was settled. In the case, the victims alleged they faced continual harassment based on their gender or sexual orientation. The plaintiffs argued that the discrimination dated back to 1982. The case was settled for $5 million.

Sexual harassment occurs not only in the police force, but in every job sector. There are two basic type of harassment. Both types of harassment are illegal. The first type of sexual harassment is quid-pro-quo harassment. This is the type of harassment that occurs when someone asks you for sexual favors in exchange for job benefits. If your employer asks you to sleep with him in order for you to receive a promotion or to not be fired from your job, these are both examples of quid-pro-quo harassment.

The second type of sexual harassment is the ‘hostile work environment.’ In this type of harassment, an individual is made to feel uncomfortable because of his/her sex. The type of activity that makes the individual feel uncomfortable must also be severe and pervasive. Therefore, if a co-worker makes an inappropriate sexual joke only once, this may not be considered a ‘hostile work environment.’

If you have been a victim of sexual harassment don’t hesitate to call the experienced attorneys at 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!

If you reported illegal activities at your place of work, and you were fired as a result, you may be protected under ‘Whistle Blowing’ statutes. ‘Whistle-blowing’ occurs when an employee reports an employer’s illegal behavior to a government or law enforcement agency. In order to be protected by ‘whistle blowing’ laws, you must have reported the illegal behavior to someone outside the company. If you reported something you thought was illegal, and was not, you still may be protected by ‘whistle-blowing’ laws, if you were fired for reporting the behavior.

If you have blown the whistle on your boss, laws protect you from being ‘retaliated’ against. This means that your boss may not fire you, demote you, or otherwise penalize you for reporting the activity. If your boss does retaliate against you, you may have a claim against him.

A recent whistle blowing lawsuit was settled for $40 million. The individual who brought the action was a former employee of Healthways, Inc. The former worker was fired from his marketing job at after he filed a claim under the United States Civil False Claims Act. The employee alleged that the company violated the Anti-Kickback Statute by paying kickbacks to over 200 physicians in the country. Approximately $28 million of the settlement will go to the United States government, and $12 million will be paid in the worker’s attorney’s fees.

If you have faced a similar situation, and have found yourself demoted or laid off, you may be able to sue your employer. Don’t hesitate to call the highly skilled employment attorneys at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

When you started your job, did you sign an employment contract? Did your contract guarantee you would only be terminated for ‘good cause’? If you have an employment contract, or a union contract, and have been laid off you may have an employment claim. In order to have a claim, your employer must have breached the terms of the employment or union contract.

If you have an employment contract that guarantees you not to be fired without ‘good cause,’ you may be able to sue. If you believe that your employer had not legitimate reason to fire you, you think he fired you without ‘good cause.’ However, if your employer has a good reason to terminate your employment, you may not have a claim. For example, if your performance at work was poor your boss may have had ‘good cause’ in terminating you.

If you live in the Bay Area, and if you believe that your employer has violated your employment contract, get help now! Contact the experienced employment lawyers at 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 fight for your rights!

An Implied-in-fact employment contract is a non-written employment contract. If proven to exist, an implied contract ensures the employee the right to be terminated only for ‘good cause.’ California is an ‘at-will’ employment state. This means that generally without an implied contract, or a written contract, an employee may be fired for any reason at any time.

When a court examines a case to determine if an implied contract exists, it looks to three factors. First, the court examines the length of service of the employee. Therefore, if you were just hired a week before termination, you likely do not have an implied contract. However, if you were employee for your company for 20 plus years, you may have a stronger case for an implied contract. Second, the court examines the company’s employee policies. If the employer has a progressive discipline policy, it is more likely that there is an implied contract. A ‘progressive discipline policy’ is a policy that requires the employer to give the employee warnings and probation periods prior to termination. Lastly, a court will look to see if the employer offers an employee benefit program. If an employer provides employees with 401Ks, and/or retirement programs, this makes it more likely that there was an implied contract.

If an implied contract is found, the employer may not terminate the employee unless they have ‘good cause.’ ‘Good cause’ may be defined in an employee handbook. ‘Good cause’ generally means that your employer had a good reason to fire you. For example, your performance at work was consistently poor, or you consistently acted in an unprofessional manner.

If you believe that your boss has given you an implied understanding of continued employment, and you were recently laid off, you may have an employment claim. Contact the experienced employment lawyers at 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 for you!

Did you know that non-competition clauses are illegal under California law? However, sometimes California employers require employees who have direct contact with customers, clients, or protected information to sign these agreements. California Business and Professions Code §16600 asserts that any agreement that restricts an employee from working is unenforceable by law. Thus, if your California employer required you to sign a non-competition agreement, this agreement is unenforceable.

There is a clear policy behind California’ approach to non-competition agreements. The main philosophy is that when the employer’s desire for protection, and the need for the employee to get another job after leaving the employer, by necessity the employee needs to work for a competitor to utilize his skills and knowledge. For example, if you are a software engineer in the Silicon Valley and were recently laid off, it would be easiest for you to get a job doing the same type of work in the software field.

If you have been recently laid off from your California job, and you were forced to sign a non-competition agreement, this agreement is illegal. If you find yourself in this, or a similar position, contact the highly skilled team of attorneys at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Autism is a type of developmental disability that is caused by an issue in the central nervous system. Autism is typically diagnosed by evaluating communication skills and social interaction development. Autistic individuals often have distinctive personality characteristics that are not typical in non-autistic individuals. For example, someone with Autism may not respond to one’s name, may be unable to explain what they want, may have poor eye contact, or may speak slowly.

If you are an Autistic individual, and you believe that your employer has discriminated against you because of your autism, you may have an employment claim. In order to bring a claim, your Autism diagnosis must meet the definition of a medical disability. In addition, you must be able to show that your disability results in physical limitations, that you can still perform the essential tasks of your job, and/or your boss has discriminated against you based on your disability.

If you believe that your boss has treated you differently solely because you are Autistic, and if you believe you may have an employment claim, contact the experienced team of attorneys at 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.

San Rafael, California is nestled in Marin County. This northern California city is home to over 54,700 residents. San Rafael has a large Hispanic/Latino population comprising over 24.6 percent of the residents. Sadly, diversity in the workplace can often lead to racism and discrimination. However, if you live in the San Rafael area you should know that discrimination at work is illegal. It is against the law for your boss to discriminate against you based on your race, religion, ethnicity, national origin, sexual orientation, age, and/or gender.

If you have been a victim of discrimination at work, don’t remain quiet. This activity is against the law. If you have faced the pain of differential treatment at work based on your race, national origin, gender, etc, don’t hesitate to call the highly experienced attorneys at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

The American Civil Liberties Union (ACLU) has filed a suit on behalf of Sinan Fazlovic alleging religious discrimination. The suit was filed against the Maricopa County Sheriff’s office. The alleged victim claims that he lost his job because he refused to shave his beard for religious reasons. The worker alleged that his beard was not an issue when he was hired, but became a problem when he was in the training academy. He alleges his supervisors made him shave his beard in order for a self-contained breathing apparatus to properly fit his face. Officers sometimes have to wear this devise in emergencies.

Religious discrimination is prohibited under both Federal and California law. An employer may not discriminate against a worker based on their religion in relation to any of the ‘terms or conditions’ of employment. ‘Terms and conditions’ include things such as salary, vacation time, promotions, termination, hiring, etc.

If you believe that your employer has treated you differently than another employee due to your religion, you may have an employment claim. If you believe your rights have been violated, contact the experienced lawyers at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

If you are a pregnant California worker, you should be aware of the differences in your rights under the Federal ‘Family Medical Leave Act’ (FMLA) and the ‘California Family Rights Act’ (CFRA). Pregnancy is covered under the Federal Family Medical Leave Act as a ‘serious health condition.’ However, it is not covered as a ‘serious health condition’ under the California Family Rights Act. Yet, California still provides ample protection to pregnant employees.

Under the California Family Rights Act, a pregnant employee is entitled to take disability leave for ups to 4 months. In order for this right to be enforceable, the employer only needs to have five or more employees. There is no eligibility period for workers to take advantage of this benefit. Eligible workers may also take 12 weeks off under the CFRA for time to bond with a new baby.

If you are a California worker who has been denied your rights under either the FMLA or CFRA acts, act now! Contact the highly skilled attorneys at Law Offices of David H. Greenberg. You can reach us 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 attorneys is here for you!

Quid-Pro-Quo sexual harassment is illegal. If you have faced sexual harassment at work, you know first-hand how painful this experience can be. Don’t hesitate to seek help. The highly skilled attorneys at Law Offices of David H. Greenberg are here to help you. You can reach us at 1-888-204-1014 for a free consultation.

‘Quid-pro-quo’ is a Latin term that means ‘this for that.’ This type of harassment is based on the concept of a trade. Therefore, when your employer asks you to sleep with him in order for you to get a raise, or promotion, this is ‘quid-pro-quo’ harassment. This type of harassment is against the law. ‘Quid-pro-quo’ harassment also works in the reverse. Therefore, if your employer threatens you to sleep with him or you will be fired, this is also illegal quid-pro-quo harassment.

If you have faced this type of sexual harassment at work, don’t isolate yourself. Seek help! Contact the Bay Area employment lawyers at Law Offices of David H. Greenberg. You can reach us 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 for you!