Posted On: October 19, 2009

MORGAN HILL, CALIFORNIA EMPLOYMENT ATTORNEYS. WE CAN HELP YOU, IF YOU HAVE BEEN A VICTIM OF HARASSMENT OR DISCRIMINATION.

Morgan Hill is a city in the southern part of Santa Clara County. This city was named after Hiram Morgan Hill, a wealthy man from San Francisco, who decided to build a country home there. Years ago, this city use to be home to many ranchers are farmers. Now, it has evolved into a commuter city for many people involved in the High Tech industry. While Morgan Hill has a large Caucasian population, 12 percent of its residents are Black/African American and 14 percent are Latino/Hispanic.

Even if you are a minority in a community, you still should know that you are protected from discrimination under California and federal law. Under the law, it is simply illegal for your employer to discriminate against you based on your race, gender, disability, religion, sexual orientation, and/or age (over 40 years). In addition, not only is sexual harassment barred in the workplace, but your boss is prohibited from discriminating against you based on any of the above mentioned characteristics. This means that your boss many not harass you because you are Latino or Black.

If you think that you may have been a victim of discrimination or harassment, or if you would like a free consultation about a potential claim, contact the skilled team of attorneys at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014. You can also visit us at www.discriminationattorney.com to learn more.

Posted On: October 18, 2009

THE PICTURE PEOPLE SUED FOR HARASSMENT AND DISCRIMINATION BASED ON DISABILITY.

The Picture People, Inc., a chain of photography stores, was recently sued for discriminating and harassing a deaf individual. The deaf employee was hired to fill a photographer position. Not only was the employee denied her request to be provided with an American Sign Language interpreter for mandatory training and staff meetings, but she was also isolated from the public. Eventually, her hours were eliminated entirely.

If you are a disabled individual, you are protected under both California and federal law. California’s Fair Employment and Housing Act applies to employers with 5 or more employees and forbids disability discrimination. In addition, the federal Americans with Disabilities Act (ADA) applies to employers with 15 or more employees. The ADA prohibits disability discrimination against a ‘qualified individual’ with a disability. A qualified individual is a person who is able to perform the essential tasks of the job with or without reasonable accommodation. Under the ADA, a person is considered disabled if they have a physical or mental impairment that substantially limits one or more major life activities, record of such an impairment, or are regarded as having such an impairment.

If you are a disabled individual, you should know that you are protected by the law. Don’t stand for discrimination at your workplace. Contact the skilled team of lawyers at Law Offices of David H. Greenberg. You can reach us 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 stand up for your rights.

Posted On: October 17, 2009

GENDER DISCRIMINATION LAWSUIT AGAINST WAL-MART ENDS WITH $1 MILLION IN PUNITIVE DAMAGES. CALL SF BAY DISCRIMINATION ATTORNEYS IF YOU HAVE BEEN PAID LESS THAN YOUR OPPOSITE SEX CO-WORKERS FOR THE SAME QUALITY AND TYPE OF WORK.

Cynthia Haddad, a former Wal-Mart pharmacist, sued the corporation for gender discrimination in 2005. Haddad alleged she was fired for complaining that her pay was unequal to male colleagues. The court recently approved the $1 million punitive damage award. In addition to the punitive damages, she also received over $700,000 in future wages lost.

Gender discrimination is against both California and federal law. Under California law, a boss may not discriminate on the basis of sex in relation to any of the ‘terms and conditions’ of employment. ‘Terms and conditions’ include things such as hours worked, schedules, vacation time, pay, title, etc. There are two basic type of sexual harassment. The first type of harassment is known as ‘disparate treatment’ harassment. This is a straight-forward type of discrimination that involves an employee being treated different from other employees on the basis of his/her sex. The second type of discrimination is ‘disparate impact’ discrimination. This type of discrimination occurs when a company policy tends to exclude a certain gender from a certain position or promotion. The policy was not intended to have this effect, it was solely the unfortunate result.

Wal-Mart.jpg If you have been paid less than co-workers of the opposite gender, you may be able to sue. To find out if you have a case against your boss contact the skilled team of attorneys at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. Our team of attorneys will fight for you.

Posted On: October 16, 2009

IF YOU HAVE BEEN A VICTIM OF DEFAMATION BEFORE OR AFTER YOU LOST YOUR SILICON VALLEY JOB, YOU MAY BE ABLE TO RECOVER LOST WAGES AND DAMAGES.

Defamation includes both libel and slander. The California Civil Code defines libel as ‘false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye … which has a tendency to injury [any person] in his occupation.’ Slander is similar to libel, but involves oral words that falsely injure a person. Defamation may be connected with wrongful termination or another employment-type lawsuit. A claim for defamation, if it can be substantiated, provides a wronged employee with the opportunity to seek general, emotional distress, and punitive damages.

In addition to damages, the employee may be able to recover lost wages. A recent case, Rodriguez v. North American Aviation, held that the employee-plaintiff would be able to recovery for lost earnings because damages for defamation did not result from the loss of employment, but rather from the loss of employability. Another case, O’Hara v. Storer Communications, Inc., also supported an employee’s right to obtain lost wages. The court in this case said that a defamed employee would be able to recover damages because the loss of employment resulting from emotional instability caused by the defamation results in a loss of property.

If you have been defamed at work, talk to the experienced attorneys at Law Offices of David H. Greenberg. You don’t have to fight this battle alone. Let our attorneys help you try to recover damages and/or loss wages. You can reach us 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 stand up for your rights.

Posted On: October 15, 2009

AFTER YOU WERE FIRED, DID YOUR BOSS BAD-MOUTH YOU TO A FORMER COWORKER? IF SO, YOU MAY BE ABLE TO SUE FOR DEFAMATION.

If you have been forced to deal with your boss spreading false criticism about you, you may be a victim of defamation. Defamation includes both libel and slander. California law defines libel as a ‘false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye … which has a tendency to injury [any person] in his occupation.’ Slander is defined as ‘a false and unprivileged publication, orally uttered … which tends directly to injury [any person] in respect to his office, profession, trade or business … by imputing to him general disqualification in those respects which the office or other occupation particularly requires.’

The most common form of defamation in employment occurs when a former employee is forced to deal with the publication of false criticism that alleges incompetency, dishonestly, or a false reason for termination. It is important to remember, that you may only bring a lawsuit for defamation if what was said about you is false. Therefore, if you had been performing poorly at work you would be unable to sue for defamation if your boss telling co-workers about your poor performance. However, the publication does not need to be to an outside third party. Defamation still occurs if an employer defames the employee to a former co-worker within the company.

If you think that you may have been a victim of defamation at your place of work, get help by calling 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. We can help you stand up for your rights.

Posted On: October 14, 2009

A GROUP OF 16 LATINO POLICE OFFICERS SETTLES RACIAL DISCRIMINATION LAWSUIT FOR $18 MILLION.

Just recently, a group of 16 police officers from the city of South Gate settled a lawsuit for racial discrimination and harassment. The lawsuit alleged that the group of police officers faced racial slurs, false internal affairs investigations, unfair discipline, and were passed up for promotions. The case was settled for $18 million.

Racial harassment is a serious issue in the workplace. The Equal Employment and Opportunity Commission (EEOC) received over 33,900 allegations of race-based discrimination in 2008. Under both California and federal law, it is illegal for an employer to discriminate against an employee on the basis of their race in relation to any of the terms and conditions of employment. ‘Terms and conditions’ include things such as schedules, salary, title, vacation time, etc. ‘Race’ is generally defined as a person’s ancestry or ethnic characteristics.

Not only is illegal for an employer to discriminate against a person because they are of a certain race, but it is also illegal for an employer to discriminate against a person because of their ‘color.’ For example, this means that an employer may not favor a ‘light-complexioned’ Latina individual with ‘Caucasian features’ over someone with darker features. In addition, an employer may not discriminate against someone on the basis of their associations with people of a certain race.

Policeman.jpg If you have been a victim of racial discrimination, get help today. Call the experienced team of attorneys at Law Offices of David H. Greenberg. You can reach us 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 stand up for your rights.

Posted On: October 13, 2009

WEST COAST WINERY SUED FOR SEXUAL HARASSMENT. CALL EMPLOYMENT LAWYERS IF YOU HAVE BEEN FORCED TO QUIT YOUR NORTHERN CALIFORNIA JOB DUE TO INAPPROPROPRIATE SEXUAL HARASSMENT.

The Frenchman Hills Vineyard, a west-coast winery, was recently sued by the Equal Employment and Opportunity Commission (EEOC) for sexual harassment. The lawsuit alleges that a Latina worker was repeatedly harassed by the highest level manager at the vineyard. According to the suit, he isolated and intimidated her, asked her personal and crude questions, made inappropriate comments about her body, and subjected her to inappropriate touching. The harassment escalated to such a scale, that she was forced to resign. Forcing an employee to resign is known as ‘constructive termination.’

There are two basic types of sexual harassment. Both types of sexual harassment are illegal. The first type of harassment is known as quid-pro-quo harassment. ‘Quid-pro-quo’ is a Latin term meaning ‘this for that.’ This type of harassment occurs when an employer offers to trade a work related benefit for sexual favors. The second type of sexual harassment is known as the ‘hostile environment.’ Hostile environment sexual harassment occurs when a manager or co-worker engages in offensive conducts that makes an individual feel uncomfortable because of his or her sex. The conduct must also be severe or pervasive. Therefore, a manager who makes a one-time sexual joke likely is not guilty of hostile environment harassment.

If you think you may have been sexually harassed, you are not alone. Sexual harassment can involve words, inappropriate touching, unwanted sexual advances, and many other behaviors. Contact the attorneys at Law Offices of David H. Greenberg to find out if you have a claim. You can reach us 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 stand up for your rights.

Posted On: October 12, 2009

HAVE YOU BEEN HELD BACK AT YOUR NORCAL JOB BECAUSE OF YOUR DWARFISM? CALL SAN FRANCISCO EMPLOYMENT LAWYERS TO GET HELP.

Short Stature is a condition where an individual is below the expected height. Shortness does not have an exact definition, and it is often context dependent. Shortness in elderly people is often caused by collapsed vertebrae from osteoporosis or kyphosis of the spine. Severe shortness can also result from family genes, or it may be caused by malnutrition, disease of a major organ system, hormone deficiency, and birth defects. While there is no treatment for short stature, an individual’s life may be made easier with accommodations such as lower kitchen sinks, lower bathroom amenities, and car amenities.

If you are a person of short stature, you may be a victim of discrimination without realizing it. Some examples of ways in which your boss may have discriminated against you include your employer not allowing you to miss work for medical appointments, your employer not accommodating your need to take a reasonable amount of time off work, your employer not providing you with reasonable on-site accommodations for your short stature, and your employer not providing you with on site accommodations to allow someone of your height to do their job.

Dwarfism.jpg If you have been discriminated against because of your short stature, you may be able to sue. In order to bring a lawsuit, you must be able to show that you have a disability, that your disability resulted in physical limitations, that you can still perform the essential functions of your job, and that your employer took an adverse action against you. An ‘adverse action’ includes termination, demotion, not hiring, etc. If you believe that you are a victim of discrimination because of your short stature, call the skilled attorneys at Law Offices of David H. Greenberg. You can reach us 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.

Posted On: October 11, 2009

MENLO PARK, CALIFORNIA DISCRIMINATION EMPLOYERS.

Menlo Park is a well-to-do city in San Mateo County. This city is home to over 30,000 residents. This city also houses of many venture capital and private equity companies, along with several major law firms. Regardless of if you are employed in a major law firm, or if you work for a smaller company, you are still protected by labor law.

Under California law, your boss many not discriminate against you based on your race, gender, disability, religion, sexual orientation, and/or age (over 40 years). It is also against the law for your employer to harass you based on any of these characteristics. If you have been a victim of discrimination based on any of these characteristic, you may be able to sue. Don’t hesitate to protect your rights.

If you think that you may be a victim of discrimination or harassment, get help now. Contact the highly skilled attorneys at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Posted On: October 10, 2009

WERE YOU DENIED A SF RESTAURANT POSITION BECAUSE OF YOUR AGE? IF YOU ARE OVER 40 YEARS OLD, YOU MAY BE ABLE TO SUE. CONTACT DISCRIMINATION LAWYERS FOR HELP.

The large restaurant chain, Ruby Tuesday, was recently sued by the Equal Employment and Opportunity Commission (EEOC) on behalf of a class of older job applicants. The lawsuit alleged that the restaurant violated the Age Discrimination in Employment Act (ADEA) by denied jobs to older qualified applicants.

Age discrimination is real, and it is illegal. Both the California Fair Employment and Housing Act (FEHA) and the federal ADEA protect workers over the age of 40 from age discrimination in the workplace. It is important to note that people under the age of 40 years cannot sue. For example, if a person who is 39 years old is denied a restaurant job because of her age, she is not able to sue for age discrimination. However, if a person who is 40 years old is denied a job because of her age, she is able to sue.

However, special packages to encourage early retirement for older workers are not illegal. Sometimes these packages are known as ‘golden handshakes.’ However, if it can be proven that the purpose of offering these packages is to get rid of older workers because of their age, this is illegal.

Ageism7.jpg If you are over the age of 40 years and if you have been denied a restaurant position, lost your job due to your age, or otherwise been a victim of age discrimination, you may be able to sue. To find out more, contact the knowledgeable attorneys at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014. You can also visit us at www.discriminationattorney.com to learn more.