In no way have there been so many tools for Joshua Tree employment lawyers to assist individuals recently fired to win damages for discrimination, to seek a much better severance package, which includes not only a longer period of pay advantages, but also other items, most critical of which can be a longer period of well being insurance rewards following the termination, or even to save the employee’s job.
If you’ve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile function environment, or paid much less than a individual of the opposite sex for the exact same work for no other valid reason, check out our web site at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers effortlessly found on our web site.
In Joshua Tree and all through California where private employers and government offices have laid off men and women in the hundreds and thousands, occasionally on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In areas such as the Joshua Tree area where unemployment and foreclosures are at their highest in the state, several workers who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now really feel they have absolutely nothing to shed.
Some employees are filing class action lawsuits based on every thing from age and sex discrimination to discrimination against veterans. Individual claims are becoming created for overtime pay that the employees in no way received and retaliation for whistle blowing or reporting harassment.
One of the very best tools for Joshua Tree employment lawyers is frequently the employee’s business manual and other memos of the company which frequently lay out glowing descriptions of how fair the firm will be in their employment practices. Such manuals frequently describe all of the types of actions which the company claims they will not tolerate which includes the different forms of harassment and how the organization will in no way take a retaliatory action against anyone blowing the whistle on harassment at the business.
Such manuals present a effective tool to the employee and the employment lawyer to show the firm exactly how they violated not only the law, but also the company’s own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such businesses to argue that they didn’t understand how they had been supposed to respond to an employee’s reports of harassment or that they didn’t know they couldn’t fire someone for producing such reports.
Employees must keep in mind that under California law, complaints alleging discrimination or retaliation should be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.
Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to becoming a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a child’s school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the genuine whistles), for becoming paid much less than employees of a distinct sex for the identical work unless based on a bona fide factor other than sex, or for complaining about safety or wellness conditions.
For Joshua Tree Employment Lawyers such as myself who are also Women’s Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a excellent injustice and supplied employment and women’s rights attorneys with yet one more tool in our arsenal to fight for employee’s and women’s rights.
Now ladies in California and the rest of the nation have a law that provides them the ability to redress the wrong suffered upon them by society in allowing men to receive far more income for the very same function from an employer and limiting the rights of females to bring a claim for pay discrimination.
In the past, girls were required to file suit within 180 days after very first becoming paid unfairly, even if the discrimination of becoming paid less than male workers in the identical jobs continued. And if a woman failed to discover that male workers had been becoming paid far more for the identical function, a woman still could not hold her employer accountable if she didn’t find out of the unfairness and take action inside 180 days of initial being paid the lesser rate.
Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with every single discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim inside 180 days of receiving any discriminatory paycheck, not just the initial 1, she is regarded as timely in bringing her claim.
An important aspect of the Act is that the successful date of the Act is retroactively set at Might 28, 2007, which will permit it to apply to all compensation discrimination claims that have been filed on or soon after that date.
Ladies can sue for back pay awards for up to two years just before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not alter the two-year back pay limit.
Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a individual becomes subject to the decision or practice, or when a person is affected by the decision or practice, such as every single time wages, advantages or other compensation is paid.
California also has it’s own version of the Federal WARN Act which in certain circumstances needs 60 days warning just before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or much more workers who have been employed for at least 6 of the prior 12 months, who layoff or relocated 50 or far more employees inside a 30-day period. There are also a variety of exceptions to the rule.
For the elderly employee laid off, an crucial ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer want to prove that an employer acted intentionally. It is sufficient that the employee can prove that the layoffs had a disparate effect on the elderly workers.
Layoffs of caregivers supplying care to sick family members members could also violate federal law.
And all of these tools are still in addition to the tools Joshua Tree employment lawyers have against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.
Visit our site at http://www.CaliforniaAttorneysLawyers.com and call us if you have been discriminated against or are the victim of retaliation by an employer in Joshua Tree or if you have been receiving much less pay than a person of the opposite sex for the exact same function by your employer for no other valid reason.
It is thus imperative that an employee becoming laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there weren’t violations of any of these laws and other people that can help the employee and his or her attorney to negotiate a bigger severance package.
If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in Joshua Tree by your employer, we invite you to call our workplace.