Posted On: July 31, 2009

WERE YOU PROMISED CONTINUED EMPLOYEMENT? CALL SF EMPLOYMENT LAWYERS TO FIND OUT IF YOU HAVE AN IMPLIED EMPLOYMENT CONTRACT

If you have recently been fired after receiving assurance of continued employment, you may be able to sue. In certain situations, an employee without a written employment contract may have an ‘implied contract.’ An implied contract is a contract that is created by both circumstances and oral statements. However, even if you have an implied contract for continued employment, your boss may fire you for good cause.

There are several factors to examine when determine if an implied contract has been created. First, a court will look at the employee’s length of service. The longer the time an employee has been working for a company, the more likely it is they have an implied contract. Therefore, if you were fired after only been working for a company for two weeks, you likely do not have an implied contract. Second, a court will look at the company’s progressive discipline policy. If a company has a policy that institutes several warnings and probation periods before firing, it is more likely that an implied contract exists. Third, courts will also look at employee benefits programs. These types of programs include retirement programs and 401K programs. The presence of these programs may help to prove an implied contract.

If you have recently lost your job after repeated assurances of job protection, and you feel that your employer has no good reason to fire you, you may have an implied contract. Don’t hesitate to call for help. Call the attorneys at Law Offices of David H. Greenberg for a free consultation! 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.

Posted On: July 30, 2009

ARE YOU A PREGNANT EMPLOYEE WHOSE DOCTOR HAS ADVISED YOU TO ASK FOR A LESS STRENUOUS POSITION? IF YOUR EMPLOYER HAS REFUSED YOUR REASONABLE REQUEST, YOU MAY HAVE AN EMPLOYMENT CLAIM

If you are a pregnant employee, you are protected under California and federal law from pregnancy discrimination. California’s pregnancy discrimination prohibition arises from the Fair Employment and Housing Act. This act applies to most employers with at least 5 workers. Federal law, Title VII, also protects pregnant employees from discrimination. This law applies to employers with 15 or more employees.

If you are a pregnant employee, you should know that your employer may not discriminate against you based on your pregnancy, childbirth, potential pregnancy, or related conditions. In addition, your employer has several obligations towards you. Employer must transfer you to an available position that is less strenuous or hazardous if your doctor advises it. If your employer does not have an available position, he must create one for you, unless he would be ‘unduly burdened.’

Pregnancy discrimination may arise in a variety of situations. For example, your employer may not refuse to hire you because of your pregnancy, pregnancy related condition, or because of prejudice of co-workers, clients, or customers. In addition, your boss may not single out workers with pregnancy-related conditions that need to go through special procedures to determine whether they will be able to work. If you are unable to work because of your pregnancy, your employer must treat you like any other temporarily disabled employee.

If you have been a victim of pregnancy discrimination, get help today! Last year, the Equal Employment and Opportunity Commission recovered over $12.2 million in damages for plaintiffs who faced discrimination based on their pregnancy. Get help now! Call the 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.

Posted On: July 29, 2009

HAS YOUR SAN FRAN EMPLOYER TREATED YOU LESS FAVORABLY THAN OTHER EMPLOYEES BECAUSE YOU ARE GAY? GET HELP FROM SAN FRANCISCO DISCRIMINATION LAWYERS TODAY

While homosexual individuals may face painful discrimination from society, discrimination based on sexual orientation is against the law when it occurs in the workplace. If you are a gay or lesbian employee, your employer may not treat you differently because of your orientation. Don’t remain silent, get help now! California law protects homosexual individuals by prohibiting discrimination against an employee because of their sexual orientation or their perceived sexual orientation. This means that if your employer treats you badly because they think you are gay, but you are not, this is still illegal.

It is very important for individuals to realize that there is a statute of limitations on sexual orientation discrimination claims in the workplace. A statute of limitations is basically a deadline for filing a sexual orientation discrimination lawsuit. In this case, an employee who has been a victim of sexual orientation discrimination must report the discrimination to California Labor Commission no more than 30 days after she was discriminated against. Therefore, if you were denied a job because of your sexual orientation, you must file a complaint with the California Labor Commission within 30 days of the date of the denial.

If you have been discriminated against because of your sexual orientation, don’t wait to get help! Call the experienced attorneys at Law Offices of David H. Greenberg for a free consultation. You can reach us at 1-888-204-1014. You can also visit us at www.discriminationattorney.com to learn more. Our team is here for you!

Posted On: July 28, 2009

HAS YOUR BOSS BEEN UNDER-PAYING YOU FOR YOUR HOURS WORKED? CALL SAN FRANCISCO LAWYERS TO SEE IF YOU HAVE AN EMPLOYMENT CLAIM

If your employer has not been paying you for the hours you have worked, you may have an employment claim. Did you know that California minimum wage is currently $8 per hour? If you are an hourly employee and your employer refuses to pay you minimum wage, he is in violation of California law. In addition, your employer is required to pay you in the form of cash or a type of legal compensation. It is against the law for your employer to pay you in the form of a coupon or token that can only be spent at a store run by your employer. In addition, employee discounts do not count towards the minimum wage requirements.

Your employer must also pay you and co-workers of the opposite sex similarly for similar work. Specifically, if male and female employees perform jobs that require substantially equal skill, effort, and responsibility, in similar working conditions, the employer must pay the employees similarly. If you think that you have been denied wages owed to you, don’t remain quiet. Get help now!

Money.jpg Wage-based employment claims are not uncommon. Recently, a judgment in a class-action wage-based lawsuit was entered. The judgment ordered a state to pay $42 million to former workers who were allegedly consistently underpaid for their work. If this story sounds familiar, contact the 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.

Posted On: July 27, 2009

HAS YOUR SAN FRANCISCO EMPLOYER DEMEANED YOU BECAUSE OF YOUR SEX? CALL SAN FRANCISCO EMPLOYMENT ATTORNEYS

Under both California and Federal law, your employer may not discriminate against you based on your gender. California’s Fair Employment and Housing Act protects employees from this type of discrimination. Under federal law, Title VII protects against sex discrimination at work. Title VII applies to most employers with over 15 or more employees. This includes state governments, local governments, employment agencies, labor organization, and the federal government. Employees receive more protection under California law as the Fair Employment and Housing Act applies to employers with 5 or more employees.

Sex-based discrimination is treating an employee differently than another employee because of their gender. This type of discrimination becomes illegal when it affects the ‘terms and conditions’ of employment. ‘Terms and conditions’ include things such as salary, hours worked, schedules, vacation time, etc. There are two basic types of gender discrimination: disparate treatment and disparate impact. Disparate treatment discrimination is clear-cut discrimination. It occurs when an employee is treated differently because of their gender. Disparate impact discrimination occurs when a company policy tends to exclude on gender or the other from a promotion. The policy, however, was not intended to have that effect.

Recently, a doctor was sued in a gender discrimination case. The lawsuit alleged that he subjected female employees to abusive and demeaning treatment. If you have been a victim of either disparate treatment gender discrimination or disparate impact gender discrimination, get help today! Call the experienced 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.

Posted On: July 26, 2009

ARE YOU A MIDDLE EASTERN WORKER WHO HAS BEEN ENDURING RACIAL SLUR AND OFFENSIVE COMMENTS IN YOUR SILICON VALLEY WORKPLACE? CONTACT HARRASSMENT ATTORNEYS NOW

While you may know that it is illegal for your employer to discriminate against you because of your country of national origin, did you know that it is also illegal for your employer to harass you based on your national origin? National origin discrimination is illegal. Examples of national origin harassment may include the use of racial slurs and derogatory comments. National origin discrimination is against the law, and it violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with over 15 or more employees. National origin discrimination is treating an employee less favorably because he or she comes from a certain country. If you have been a victim, you are not alone.

Recently, the Equal Employment and Opportunity Commission (EEOC) brought a case against The Sahara Hotel and Casino in Las Vegas. The lawsuit alleged that the hotel subjected an Egyptian employee to national origin harassment and discrimination. The harassment included offensive comments, slurs, and graffiti. He was called repeatedly called ‘Bin Laden,’ ‘Taliban,’ and told to ‘go back to Egypt.’

Middle%20Eastern%20Businessman.jpg If you have been forced to endure racial slurs, comments about your ethnicity or accent, or have been treated less favorably than people of other races by your employer, you may have been a victim of national origin discrimination and/or harassment. If you have been a victim, or if you need more information, call the experienced attorneys at Law Offices of David H. Greenberg. We can help you through this experience! Call us at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Posted On: July 25, 2009

HAVE YOU BEEN SUBJECTED TO INAPPROPRIATE TOUCHING AT YOUR SF JOB? YOU MAY BE A VICTIM OF SEXUAL HARASSMENT

Sexual harassment is a serious issue. The Equal Employment Opportunity Commission (EEOC) has received a growing number of sexual harassment complaints over the years. In 2007, the EEOC received 12,510 allegations of sexual harassment. This number rose to 13,867 to 2008. There are two types of sexual harassment. If you have been a victim of either type of sexual harassment, you can get help!

The first type of sexual harassment is ‘quid-pro-quo’ harassment. This type of harassment occurs when your employer or supervisor asks for a sexual favor in exchange for a work-related benefit. For example, if an employer offers to give you the job if you sleep with him, this is harassment. In addition, sexual harassment may arise in the form of the ‘hostile workplace environment’. This type of harassment occurs when your boss, supervisor, or co-worker makes you feel uncomfortable because of your sex. The conduct that makes you feel uncomfortable must be offensive and severe and pervasive. Therefore, if a co-worker and you enjoy exchanging sexual jokes, this would not be considered harassment. However, if a co-worker continual tells you sexual jokes that you find offensive, this may be sexual harassment.

Sexual%20Harrassment6.jpg The EEOC has recently settled a case with Luby’s Restaurant. The lawsuit was brought on behalf of a class of female employees who were allegedly subjected to a hostile work environment for several years. According to the lawsuit, the women were forced to endure repeated unwanted sexual touching, sexual comments, inappropriate gestures, and sexual innuendo. If you have also faced sexual harassment, call our team of 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.

Posted On: July 25, 2009

HAS YOUR SAN FRANCISCO EMPLOYER REFUSED TO LET YOU RETURN TO WORK EVEN WITH YOUR DOCTOR’S APPROVAL? IF YOU HAVE A DISABILITY, YOU MAY HAVE BEEN A VICTIM OF DISABILITY DISCRIMINATION

Under the Americans with Disabilities Act (ADA), it is illegal for your employer to discriminate against a ‘qualified’ individual because of their disability. A ‘qualified’ individual with a disability means that the applicant must be able to do the job with or without reasonable accommodation. ‘Reasonable accommodation’ includes things such as making existing facilities readily accessible to people with disabilities, modifying schedules, modifying equipment or devices, etc. A person is considered disabled if they have a physical or mental impairment that substantially limits one or more major life activities, has a past history of such an impairment, or is regarded as having such an impairment.

If you think that you have been a victim of disability discrimination, you are certainly not alone. In 2008 alone, the Equal Employment and Opportunity Commission (EEOC) received over 19,453 charges of disability discrimination. Recently, the EEOC brought a suit against a food service company, AVI Foodsystems, Inc., on behalf of several employees with disabilities. The lawsuit alleged that the company refused to allow employees with disabilities to return to work even with a no-restrictions doctor’s release. AVI Foodsystems agreed to settle the case by paying more than $90,000 and provide jobs to the plaintiffs in the case.

If you have also been a victim of disability discrimination, get help now! Contact our team of 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.

Posted On: July 24, 2009

DOES YOUR COMPANY HAVE AN UNWRITTEN POLICY OF ONLY PROMOTING MALES? CALL BAY AREA DISCRIMINATION ATTORNEYS

Did you know that it is illegal for your employer to favor males when promoting employees? Gender discrimination is against the law. Sex discrimination is defined as treating workers differently because of their gender. When this treatment affects the ‘terms and conditions’ of employment, it is illegal. ‘Terms and conditions’ include things such as vacation time, salary, title, scheduling, etc.

There are two basic types of gender discrimination. First, there is ‘disparate treatment.’ This type of discrimination is straight-forward discrimination that involves an employer treating an employee differently because of their gender. The second type of discrimination is ‘disparate impact.’ This type of discrimination occurs when a company policy tends to exclude one gender from promotions or opportunities. The policy wasn’t designed to have this effect, it was just the unfortunate side-effect. Aside from these types of discrimination, it is also illegal for an employer to refuse to pay men and women equally. Under the Equal Pay Act, men and women who perform jobs that require substantially equal skill, effort, and responsibility, in similar working conditions, must be paid similarly.

Diverse%20Business16.jpg Recently, Dell Inc., a large computer company agreed to settle a gender discrimination lawsuit for $9.1 million. The lawsuit alleged that Dell had discriminated against its female employees in relation to compensation and promotions. If you have faced similar discrimination, get help now! Call the 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.

Posted On: July 23, 2009

HAS YOUR AMNESIA BEEN A SOURCE OF CONFLICT IN THE WORKPLACE? CALL SAN FRANCISCO DISCRIMINATION LAWYERS

Amnesia is a medical condition that affects a person’s memory. Amnesia may be caused by brain damage, trauma, disease, or psychological conditions. Amnesia is characterized by an individual been unable to recall past events, being unable to make new memories, or having difficulty imagining the future. If you are suffering from amnesia, you are not alone. Your employer also has a duty to treat you in an non-discriminatory manner.

If you have amnesia, and your employer has discriminated against you because of your amnesia, you may be able to sue. In order to have a claim, you must be able to show that your amnesia has resulted in physical limitations, that you can still perform the essential tasks of your job, and that your employer has taken an adverse action against you. An ‘adverse action’ includes termination, demotions, etc. Your employer may have discriminated against you based on your amnesia in several ways. For example, discrimination includes your employer does not allow you to miss work for medical appointments, not accommodating your need to take a reasonable time off work, not providing you with reasonable on-site accommodations for your amnesia, and not retraining you after the onset of amnesia so that you may continue your employment.

If you have faced discriminated based on your amnesia, know that you have options! Stand up for your rights at work and call 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.