Posted On: July 22, 2009

GILROY, CALIFORNIA EMPLOYMENT ATTORNEYS

Gilroy, California is part of the greater Santa Clara County. This town is home to over 46,900 residents. Gilroy is known for its garlic crop, and is lovingly called the ‘garlic capital’ of the world. If you live in this northern California city, you should know that you are protected by a variety of employment laws. Discrimination based on your race, gender, disability, religion, ethnicity, national origin, sexual orientation, and/or age (over 40 years) is illegal.

If you live in the Gilroy area, you should know that it is against the law for your boss to discriminate against you based on any of the previously mentioned factors. If you have been a victim of discrimination, you should know you are not alone. Stand up for your rights, and get help today!

Gilroy.jpg While you may know that it is illegal for your employer to discriminate against you, did you also know that your Gilroy boss may not harass you based on your race, gender, disability, religion, national origin, sexual orientation, and/or age? If you have been a victim of harassment or discrimination, contact the 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.

Posted On: July 11, 2009

CALIFORNIA EMPLOYEES SUE NORTHWEST MUTUAL LIFE INSURANCE COMPANY FOR DENYING OVERTIME PAY

A suit was recently filed against Northwest Mutual Life Insurance Co. on behalf of all sales and financial representatives at the company who were denied overtime compensation. The lawsuit is for $200 million. The company alleges the plaintiffs were not employees of Northwest Mutual Life and were only independent contractors. The two California plaintiffs alleged they were forced to work more than 40 hours per week but were paid less than the California minimum wage, which was $8 per hour at the time.

If you have been denied overtime pay for the overtime hours that you have worked, you many have a claim against your employer. California employees are protected by both California and federal wage laws. California has a higher minimum wage than that is required by federal law. Typically, California law is more protective of employees in comparison to federal law. However, overtime laws do not apply to exempt employees. Exempt workers include managers and assistant managers. However, classification as a ‘manager’ or ‘assistant manager’ does not necessarily place you in an exempt category.

If you believe you have been denied overtime, or if you have questions about wage law, you should contact our experienced team of employment attorneys at Law Offices of David H. Greenberg. Stand up for your rights at work! Contact 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 10, 2009

HAS YOUR BAY AREA BOSS FIRED YOU FOR USING A CANE OR HAVING DIFFICULTY WALKING AT WORK? THE AMERICANS WITH DISABILITIES ACT (ADA) MAY PROTECT YOU

Are you living in the Northern California area? Has your boss fired you, or made you feel inferior because you use a cane or have difficulty walking? Many individuals have difficulty walking due to disabilities and injuries. Disability discrimination is illegal under both California and Federal law. Under federal law, disabled individuals are protected from discrimination under the Americans with Disabilities Act (ADA). This act makes it illegal for a boss to discriminate, or fire, a worker because they are disabled. Under California law, a disabled employee is protected under the Fair Employment and Housing Act (FEHA). This act is similar to the ADA, but is more protective of employees.

However, if you have suffered disability discrimination at work you may only bring a claim under either the ADA or FEHA if you are a ‘qualified individual with a disability.’ This means that you must be capable of doing the job. For example, a blind individual is likely not qualified for an air traffic controller position at an airport because the sense of sight is necessary to perform the job. If you have trouble walking, but do not need to do a lot of walking for your position, an employer may not refuse to hire you, or fire you, because of your disability.

Cane.jpg Recently, Kmart was sued by the Equal Employment and Opportunity Commission (EEOC) on behalf of Alonzo McGlone. McGlone was a greeter as Kmart and alleged he was discriminated against because he was not allowed to use a cane at work. McGlone had difficulty walking due to his spinal stenosis. If you, like this worker, have been discriminated against because of your disability, you should contact employment attorneys today! Get in touch with the skilled discrimination 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 09, 2009

HAVE YOU SUFFERED FROM BEING THE BRUNT OF RACIAL COMMENTS AT YOUR NORTHERN CALIFORNIA JOB? CALL SF DISCRIMINATION ATTORNEYS NOW!

Are racial comments and jokes common at your workplace? Do you feel uncomfortable, insulted, offended, or intimidated by reoccurring comments relating to your race or ethnicity? Racial discrimination is illegal under both California and Federal law. Regardless of your own race, you are protected from being discriminated based on your race, ethnicity, and national origin in relation to the ‘terms and conditions’ of your job. ‘Race’ is typically defined as a person’s ancestry or ethnic characteristics. ‘Terms and conditions’ include anything relating to your job, including vacation time, title, pay, hours worked, etc.

There are two types of racial discrimination: disparate treatment and disparate impact. Disparate treatment is the simplest form of race discrimination as it basically means treating someone differently because of their race. Disparate impact discrimination occurs when a company policy has the effect of excluding certain races from jobs or promotions, but was not intended for that purpose.

A lead network engineer for Starbucks sued the company for racial discrimination. The employee, Victor Washington, an African American alleged that the racial discrimination and retaliation was ‘so severe that it required him to take a medical leave of absence.’ He allegedly suffered from race-based comments including a co-worker who told him to ‘fetch’ [the co-worker's] umbrella and to tie his shoes. The case was recently settled, and Starbucks agreed to pay the former employee $120,000.

Diverse%20Business5.jpg If you have faced the painful experience of racial discrimination at work, call employment attorneys at Law Offices of David H. Greenberg today! 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 08, 2009

WORRIED ABOUT GETTING FIRED AFTER YOU REPORTED ILLEGAL ACTIVITY THAT OCCURRED AT YOUR SAN FRAN JOB? YOU MAY BE PROTECTED BY WHISTLE BLOWING STATUTES

Have you reported illegal behavior that was occurring at your job? Are you now in fear of losing your employment? You may be protected under Whistle-Blowing statutes. ‘Whistle-blowing‘ occurs when a worker reports an employer who is breaking the law to law enforcement or a government agency. In order to be protected by ‘Whistle-Blowing’ statutes, you must have reported the illegal activity to someone outside the company. If you fit this description, you may be protected under the Whistle-Blowing statutes.

Your employer does not necessarily have to have broken the law for you to be protected under Whistle-Blowing statutes. If you believed that the employer was engaging in an illegal activity, this is sufficient to protect you. Whistle-blowing statutes exist to encourage employees to report illegal happenings. If you have stood up for the right thing, and if you have been fired as a result you may be protected as a Whistle-blower, and your boss cannot fire you in retaliation. Even if you are protected, this does not mean that you cannot be fired for any reason. If you are not performing well at the job, your boss may still fire you legitimately.

If you are a Whistle-Blower and have recently been fired, you may have an employment claim. If you are not protected under Whistle-blowing statutes because you have reported the wrongdoing to someone inside the company, you still may be protected under other California or Federal law. Don’t hesitate to protect your right to work! Call the experienced 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 will help you through this trying time!

Posted On: July 07, 2009

HAVE YOU BEEN DISCRIMINATED AGAINST BECAUSE OF YOUR ATROPHY? CONTACT SAN FRANCISCO EMPLOYMENT ATTORNEYS FOR A FREE CONSULTATION.

If you have been discriminated at work based on your atrophy you may have an employment claim. An atrophy is the wasting away of a part of the body or tissue. This may be caused by poor nutrition, poor circulation, tissue disease, lack of mobility, and other reasons. Unless the atrophy is severe, it may be revised through exercise. Aside from exercise, other treatments may include whirlpool baths and heat application.

If you believe your boss has been discriminated against because of your atrophy, you may have an employment claim. In order to bring an employment claim for discrimination based on your disability, you must be able to show that your atrophy is considered a ‘disability’ under that law, that your atrophy results in physical limitations, that you can still perform the essential functions of your job (with or without reasonable accommodation), and that your employer discriminated against you based on your disability.

If you have been discriminated against because of your atrophy, you may be protected under the Americans with Disabilities Act (ADA) from discrimination based on your condition. If you have been a victim of discrimination don’t hesitate to call the experienced discrimination 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!

Posted On: July 06, 2009

SOUTH SAN FRANCISCO DISCRIMINATION LAWYERS

South San Francisco, a city in San Mateo county, is positioned just north of the San Francisco airport. This city is home to many people, over 61,600 residents. If you live in the South San Francisco area, you know that this town is very diverse. Over 32 percent are Hispanic/Latino, and over 34 percent are Asian. If you live in the San Francisco area, you should know that you are protected from discrimination and harassment in the workplace.

Under California and federal law, you are protected from discrimination and harassment at work. It is illegal for your boss to discriminate against you based on race, religion, ethnicity, national origin, sexual orientation, age, and/or gender. If you believe that you have been a victim of discrimination, don’t hesitate to get help.

If you have been treated differently from other co-workers based on your race, religion, ethnicity, national origin, sexual orientation, age, and/or gender, you may have an employment claim. Contact the highly skilled 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.

Posted On: July 05, 2009

ARE YOU A PREGNANT WORKER IN THE SILICON VALLEY WHO WAS FIRED BECAUSE OF YOUR PREGNANCY?

If you are a pregnant employee, you should know that you are protected from pregnancy discrimination by the Pregnancy Discrimination Act. The Act applies to employers who have 15 or more employees. The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act.

Under this act, it is illegal for an employer to discriminate according to pregnancy, childbirth, and related conditions. Under Title VII, an employer cannot refuse to hire a woman because she is pregnant, or because of concern that her pregnancy would bother clients, co-workers, or customers. Title VII also protects women in relation to taking leave from work. An employer must allow a woman to work as long as she is able to perform her job. If a woman takes pregnancy leave, the employer must keep her job open as long as they would hold a job open for employees on a leave for a disability or illness.

Pregnant%20Businesswoman9.jpg A woman who is receiving health insurance provided by an employer must cover pregnancy related conditions. However, an employer does not have to provide health insurance that covers the costs of abortions, except when the mother’s life is endangered. Also, your boss must provide spouses of female workers the same coverage as spouses for male workers. If you have been a victim of pregnancy discrimination, don’t hesitate to stand up for your rights. Call the experienced attorneys at Law Offices of David H. Greenberg now! 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 04, 2009

ARE YOU TREATED DIFFERENTLY AT WORK BECAUSE OF YOUR RELIGION? CONTACT SF DISCRIMINATION LAWYERS FOR A FREE CONSULTATION OF YOUR RIGHTS

Regardless of your religion, you are protected from discrimination based on your faith by the Civil Rights Act of 1964. The act applies to employer with 15 employees or more and forbids employers from discriminating against workers based on religion in the ‘terms and conditions’ of employment. ‘Terms and conditions’ of employment include things such as salary, hiring, firing, vacation time, promotions, etc.

Most people may know that the act protects employer from treating workers less favorably because of their religion. However, it is also illegal for employers to treat employees more favorably because they belong to a particular religion. In addition, your boss must reasonably accommodate your sincere religious beliefs. A ‘reasonable religious accommodation’ is an adjustment to the work environment that allows the employer to practice his/her religion. This may include things such as flexible scheduling, modification of grooming requirements, voluntary substitutions or swaps in work schedules, etc. While your boss is required to make ‘reasonable accommodations’ for your religious faith, an employer is not required to do this if it would be an ‘undue hardship.’ An ‘undue hardship’ includes adjustments that would cost more than average administrative costs, lessens work efficiency, etc.

Religious discrimination is not as uncommon as one may think. In 2008, the Equal Employment and Opportunity Commission (EEOC) received over 3,200 charges of religious discrimination. Out of these cases, over 2,727 were resolved, and $7.5 million were recovered in damages. If you believe you have been a victim of religious discrimination, contact the 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.

Posted On: July 03, 2009

HAS YOUR EMPLOYER RETAILATED AGAINST YOU FOR COMPLAINING ABOUT DISCRIMINATION OR HARASSMENT AT YOUR SAN FRANCISCO JOB?

Retaliation occurs when your employer fires, demotes, or otherwise punishes you for filing a charge of discrimination, participating in a discrimination proceeding, or standing up against discrimination. In order to fit a ‘retaliation’ claim, your employer must have taken an ‘adverse action’ against a ‘cover individual’ who engaged in a ‘protected activity.’ An ‘adverse action’ is any action that a boss takes to prevent or oppose someone who engages in opposing discrimination. Typical ‘adverse action’ includes firing, demotions, refusals to hire, threats, etc. A ‘covered individual’ includes anyone who have opposed unlawful employment activities, or participated in discrimination proceedings. ‘Protected Activity’ includes things such as complaining about discrimination, threatening to file a charge of discrimination, refusing to act in a discriminatory manner, etc.

Recently, the Equal Employment and Opportunity Commission (EEOC) had sued Ryan’s Steakhouse, a restaurant, for race/sex discrimination and retaliation. It was alleged that the females that worked for the company were repeatedly harassed because of their gender and black workers faced racial discrimination. The EEOC alleged that all of the plaintiff’s suffered from retaliation from reporting the harassment and discrimination.

If you have found yourself in a similar situation, don’t hesitate to get help! This behavior is unacceptable and illegal. Call the 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. We will fight for your rights!