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August 2018 Archives

What is 'retaliation' in the context of an employment law claim?

In the employment law field, "retaliation" generally refers to an adverse action by an employer to punish an employee for lawful actions. The retaliation is often committed against an employee who exercises their legal rights. Courts tend to interpret retaliation as a highly unlawful action that ultimately serves to frighten employees into "putting up with" or "enduring" an employer's wanton disrespect for their rights.

Is a class action lawsuit appropriate given your situation?

When you notice a serious issue at your place of employment, you may first think that you do not have the correct information. For example, if a paycheck is smaller than you expected, you may think that you simply miscalculated your hours or perhaps did not have the right dates for the pay period. However, you may still have a sneaking suspicion that something is not quite right.

2 important workplace discrimination questions

Every worker should be on alert – no matter your race, gender or national origin – to the threat of discrimination. In fact, it's the complacent employees who never expect that they will become victims who often suffer the worst consequences because they never even realize it happened, and they don't take action in court to defend their rights.

Are you a victim of religious discrimination at work?

If you have a deep devotion to your religion, you are like many in California and across the country. You likely find direction and comfort in your faith, and the precepts upon which it is based permeate many areas of your life. Far from being something you must keep secret, your freedom to worship as you choose is protected by the laws of the nation.

What women should understand about pregnancy discrimination

Women in the workplace can face various forms of workplace discrimination and challenges that make it difficult to succeed in their careers. While there are many laws in place that protect the rights of women and prohibit employers from treating them unfairly, discrimination in California workplaces still happens. In fact, pregnancy discrimination is one of the most common forms of this type of illegal and unacceptable treatment.

2 types of evidence in a workplace discrimination case

If you're being discriminated against at work, and you want to stand up for your legal rights in court, you're going to have to prove your case. Similar to when someone gets accused of criminal behavior when the burden of proof is on the prosecution, the burden of proof in your discrimination lawsuit will be on you as the accuser. Therefore, it's important to start gathering evidence.

Would hiring more women reduce instances of sexual harassment?

California employers must be careful to hire from both sexes equally. Men and women must receive equal opportunity at the workplace, hiring should not be based on sexual bias and employers cannot make promotion, pay rate or termination decisions based on the sex of an individual. That said, it seems that numerous California workplaces have in unequal number of males in positions of authority -- and men often make more money compared to women performing similar job functions.

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