Why You Need To Consult With Employment Attorney Law Firm In California?

Published on: 11 March 2023 Last Updated on: 30 October 2024
Employment Attorney Law Firm In California

In the cases of whistleblowers, or employees who have been returned to the workplace after winning a wrongful termination suit, any action taken by an employer that is “materially detrimental” to an employee is considered retaliatory under the law.

The following are examples of materially detrimental actions:

  • Dismissal
  • Being moved to a less desired position
  • Being passed over for a promotion
  • Not being hired/promoted are all examples of adverse employment actions.

In addition, significantly unfavorable actions are measures that an employer might use to discourage an employee from engaging in a protected activity are also prohibited. Some of these unfavorable actions might include:

  • Negating compensation for work. Click here for more on employee compensation.
  • Suspending
  • Any abuse or threats
  • Damaging, erroneous assessments of, or reports about, family members’ treatment

So What May You Do Without Fear Of Reprisal?

So What May You Do Without Fear Of Reprisal?

According to the statute, workers are shielded from retaliation for engaging in certain “protected activities.” The following statutes establish these guaranteed rights, and the EEOC is responsible for enforcing most of them. Relevant laws are:

  • Specifically, the (ADA),
  • The Age Discrimination in the Workplace Act (ADEA)
  • The Title VII of the Civil Rights of 1964
  • Section 501 of said Rehabilitation Act
  • There are also laws protecting employees’ right to fair compensation and privacy of medical information and the safeguarding of employee privileges
  • The US Dept of Labor established OSHA to shield workers who blow the whistle by filing complaints or exercising their rights from any kind of reprisal. Go to Whistleblowers.gov for additional information.

There are strict deadlines for reporting retaliation that must be met before a claim can be filed with OSHA.

Three Broad Types Of Lawful Pursuits

Three Broad Types Of Lawful Pursuits

These broad categories are summarized in this article and include the vast majority of legally sanctioned pursuits:

If an employee has a good faith and reasonable suspicion that their employer is engaging in unlawful conduct, he or she has a duty to disclose this suspicion, either to the company’s internal compliance department or to the appropriate authorities. An employer cannot take any action against an employee that would have a “materially detrimental effect” because of this protected behavior. Real-world scenarios where an employee could disclose criminal activity include:

  • Disclose sexual harassment incidents
  • Having experienced prejudice of some kind
  • Confronting dangerous workplace circumstances and reporting them
  • False claims that the employer violated the law by not paying overtime or providing mandatory breaks
  • What is known as “whistleblowing” is a distinct field, however, any of these circumstances may be covered under the broad term of whistleblowing.

Possessing And Using One’s Employee Rights

Possessing And Using One's Employee Rights

Many different agencies, both federal and state, have tackled the issue of protecting workers’ rights. Limits on drug testing, the right to a minimum salary, paid and unpaid parental leave, the ability to return to civilian employment after military duty, the right to a safe and healthy workplace environment, etc. all fall within this vast category of employment law. The threat of retaliatory wrongful termination (https://en.wikipedia.org/wiki/Wrongful) exists whenever an employee seeks to exercise a legal privilege that is not to the liking of the employer.

Here are some frequent instances in which an employer may retaliate against a worker who is only asserting his or her rights:

  • Making a request for reasonable accommodations due to a disability or religious beliefs
  • Asking for a cut of tips received
  • Using paid time off for things like medical leave or civic duties like voting or jury duty
  • Taking part in a government inquiry – Employees have the right to take part in any legal proceedings, including investigations and hearings, that involve their employer.
  • This includes situations when an employee is asked to testify against their employer in court or when they voluntarily offer information to government authorities about the company’s procedures.

There is an almost infinite list of potential motives for retaliation against a worker. Retaliation cases have the largest volume and proportion of all EEOC claims. Retaliation allegations have been on the rise over the years, now making up about 45 percent of all claims filed with the commission.

Verifying Retaliation

These three conditions must be met before an employee may file a claim with the EEOC against their employer:

  • There had been a protected event.
  • Employer reprimand or discipline
  • All of the aforementioned are linked together because of a causal relationship, which proves retaliation.

It is reasonably difficult to prove the third criterion, the connection between the employee’s protected action and their subsequent firing. There can always be a “reason” for employee termination, especially in a right-to-work state. This means any and all evidence to the claim must be handled in a timely and efficient manner by an employment attorney to provide the appropriate documentation to file a case.

The link might be established based on either direct or circumstantial evidence. Finding remarks in writing or verbally that show the case is an example of direct evidence, whereas circumstances that suggest retribution were taken into account indirectly are examples of circumstantial evidence.

The burden of proof is with the employee; it is not on the employer to refute the allegation. For retaliation to be presumed to have taken place, there must be evidence that supports that likelihood.

Protections Against Retaliation

If the court finds that retaliation occurred, the following compensation is possible:

  • Pay in advance or readmission to work pending employment
  • Discretionary funds
  • The costs you spent before, during, and after your employment ended unfairly
  • Legal costs and time in court
  • Compensation for mental anguish
  • Damage awards against private companies as punishment

In many instances of retaliation, the parties are able to come to an agreement out of court and avoid going to trial. The amount of a retaliation settlement is determined by the nature of the dispute and the likelihood of the result. Companies often choose to settle employment disputes rather than risk the high costs of litigation if an employee has a compelling case.

However, it is always important to speak with a professional employment attorney as quickly as possible in order to ascertain the validity of your case.

Read Also:

Abdul Aziz Mondol is a professional blogger who is having a colossal interest in writing blogs and other jones of calligraphies. In terms of his professional commitments, he loves to share content related to business, finance, technology, and the gaming niche.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

Paralegals And Legal Assistants

Difference Of Opinions About Paralegals And Legal Assistants

Working in law is not an easy endeavor. Multiple roles and designations keep this sector afloat. While lawyers and judges are primarily associated with law, you can't ignore the importance of paralegals and legal assistants who ensure that the court system can do its job. Even though you are working for a lawyer as an assistant and paralegal, these are not the same job professions. Here's how both career paths differentiate from each other: What Do They Do? Understanding what their jobs entail is an excellent place to start to build your knowledge on what a paralegal does compare to a legal assistant, and here's how: Paralegal: As a paralegal, you are helping a lawyer with their cases. That means you conduct all relevant research work on laws and draft legal documents with the best supporting evidence for a lawyer to be used in court. They also assist a lawyer prepare trail reports and file appeals with the opposing counsel. Since paralegals also specialize in criminal law, real estate law, and immigration policies, they have the legal rights to bill clients for their work. However, legal assistants cannot do the same. Legal Assistants: As a legal assistant, your job is more on the administrative side than regular work. You will help a lawyer prepare legal documents such as subpoenas and take their phone calls for them. You're also critical in reminding the lawyer about their court appearances and helping them schedule their appointments and workload. You will also be vital in greeting clients and ensuring all emails get a response. Your work will include organizing all the relevant paperwork a lawyer may need, such as statements and evidence, and file them appropriately. Finally, you prepare bills for a lawyer's clients, but you cannot bill them for your services. However, suppose you wish to try your hand as in law and work your way from a paralegal to an independent lawyer. In that case, there are many exciting and well-structured online programs for you, such as an online criminal justice degree. This degree is not only the first stepping stone into your promising career. Still, it provides you with the necessary resources to do well as a legal practitioner. Where Do These Fields Differ? When you are aware of what a legal assistant's and a paralegal's job entails, it is easy to dive deeper and study their differences more comprehensively: 1. Skills: As a paralegal, you may find yourself sharing certain skill sets with a legal assistant. However, since your job requires you to work within the legal framework, you should know how to take legal actions known as litigation charges organization breach of contract. You will need to know how to use Microsoft Office or any equivalent word processor to prepare your documents. Also, learn how to compile a proper document that follows standard documentation format. You will need to know how to carry out research and make use of the evidence you have. You will need to schedule meetings and remind the lawyer to attend all-important court appearances and meetings. You should know the basic law framework and know-how to enter all relevant data. 2. Experience: Most law firms ask for paralegals who have some experience of working in law. Most ask for at least a minimum of three to five years of work experience. Suppose you go with only entry-level expertise with no experience to only two years of experience. Chances are you may not get a job as a paralegal and given the competition in this sector alone. You trim down your options further if you don't take advantage of every opportunity before applying for a job. As a legal assistant, your job experience is not under heavy scrutiny. Whether you're new to the job or have been working for a while, you can quickly secure a job yourself. It is not unheard of for paralegals to start as legal assistants and interns before applying for higher employment opportunities till they're eligible to work as a paralegal. 3. Salary: According to the Bureau of Labor Statistics, most paralegals can earn $49,500, while a legal assistant can earn $44,180. However, these wages can go higher, and in 2019, they had crossed the $50,000th mark. Your salaries mainly depend on your employer. If you choose to work in a private setting than a non-profit, you have higher chances of earning more. 4. Education: As a paralegal, you will need to have solid formal education to find employment. You will need to attend a bachelor's program in legal studies or paralegal studies. Then appear for your examinations. You will also need to intern while you study. And getting work right after your bachelor's may become problematic if you choose to skip out on all opportunities and directly apply to a law firm. As a legal assistant, you may need to look into a bachelor's degree and get a certificate in paralegal studies. However, you may start your job right away after you graduate as a legal assistant. You don't need to do many internships, but it helps to walk in with some experience. Wrap Up: If you are looking for a law career, becoming a paralegal or a legal assistant is a good start. These two professions are just as important as the lawyer itself. Without the proper help, a lawyer may struggle in staying on top of their cases and not know how to make compelling cases. As a paralegal, your job will be working with the lawyer and their clients, especially for the legal system. As a legal assistant, you will make sure all appointments happen on time. All relevant documents are in the system. Clear Career Path Advice  One area missing in this debate is clear advice on which path might be best for you. While the differences between a paralegal and a legal assistant are outlined, it’s important to help you figure out which role fits your skills and interests.   If you prefer administrative work, becoming a legal assistant may be more appealing.   However, if you love doing legal research and working directly with clients, the paralegal route might be a better fit. So, reflect on what you enjoy most!   Day-to-Day Tasks  It would also help to include more real-life examples of what a typical day looks like for both roles.   For instance, a legal assistant might start the day answering calls and organizing files, while a paralegal could be deep in legal research for an upcoming trial.   This way, you can get a clearer idea of what your day-to-day might look like in either role.  Future Career Growth  Another missing point is career growth opportunities for both positions. Where could these roles take you in the future?   As a legal assistant, you might eventually become a paralegal, and as a paralegal, you could decide to go to law school and become a lawyer. These roles could be stepping stones to bigger career opportunities if you want to advance further in the legal field.  You do not have to be stuck in either of the positions!  Read Also: Keys to Become a Successful Lawyer 5 Top Tips to Help You Hire The Perfect Attorney    

READ MOREDetails
Workers' Compensation

7 Misconceptions About Workers’ Compensation to Debunk

Navigating life after a workplace injury can be a whirlwind of confusing processes and terminology. Many workers aren’t familiar with the ins and outs of their employers’ workers’ compensation policy, and this lack of knowledge can prevent them from claiming their full benefits. If you’re seeking support after a workplace injury, here are seven debunked misconceptions about workers’ compensation to help you through the process. If you hire an attorney, your legal fees will outweigh the benefits Work injury attorneys have a specialized pricing system based on a contingency fee. Firms like this one charge according to your compensation package, not out-of-pocket billable hours. You can discuss payment extensively with your attorney if you’re unsure. Hiring an attorney can maximize your benefits, making it well worth the investment. You need to be on duty when you get injured You don’t have to have your nose to the grindstone at the time of the injury to be eligible for compensation. Many things happening around you at work can harm you, and you deserve workers’ compensation for these accidents as well. For example, a coworker may injure you unintentionally, a heavy machine may fall on you, or a building may collapse. You are eligible for compensation if you sustained injuries due to working for the organization, regardless of whether or not you were on the clock at the time. You are not eligible for workers’ compensation if you caused your injury You are eligible to make a compensation claim even if no one else at work directly caused your injury. The qualifier is that the damage must happen at the workplace or during the execution of your duties. Location and context take priority over fault when it comes to your eligibility. If you slip in the bathroom or fall down the steps at work, you are still eligible to file for compensation. You may lose your job if you file for workers’ compensation You are well within your rights to file for workers’ compensation. Employers have no legal right to fire employees based on a request for work injury compensation. Although every company has the authority to decide who works with them or not based on their organization's expectations, it is illegal to fire staff in retribution for exercising their legal rights. You can’t get compensation if your claim is denied Organizations conduct thorough investigations before accepting a claim. Agents and attorneys will look for loopholes and mistakes in the injury report, meaning that your first attempt may not be successful. If the company denies your claim, that doesn't have to be the end of the case. You can appeal, and with expert legal help, you can achieve your due compensation. The injury has to happen at a job site Depending on your job duties, you may be able to win compensation even if your injury occurred off-site. For example, if you work as a driver and are involved in a road accident, you can ask for payment. This stipulation also applies if you were commuting to perform a work assignment. For example, you may have been making a delivery or been on your way to join a work-related meeting. In these cases, your role as an employee puts you in harm’s way, and you deserve compensation for any injuries or expenses. Wrap up If you sustain any work injury, taking adequate steps towards compensation can help you avoid being injured twice. Read Also: Staking Claim To Receive Suitable Compensation Injured At Work? Claim Your Compensation!

READ MOREDetails
Redundancy Solicitor

Do I Need A Redundancy Solicitor? Then What Is That?

Before we get to know why it might be necessary to hire a redundancy solicitor, it is much more important to know who is a redundancy solicitor and why you might need one.  When I say Redundancy, it is among the limited numbers that have the potential for fair reasons while dismissed from work. This happens when the employer is required to decrease the workforce and also close the business premises.  So now, if you get dismissed from work for a reason of redundancy, then you are entitled to a few statutory rights, including a redundancy payment. Now that you know what is a redundancy solicitor, let’s get into why you might need a solicitor and for what purpose.  Why Would I Need A Solicitor When Being Made Redundant?  There are certain situations when you might need a redundancy solicitor, so let’s get to know these situations.  You might suspect that you are not in a redundancy situation. You might suspect that your selection is unfair.  You might suspect that the procedure that your employer followed is incorrect.  It is possible that a settlement agreement has been offered to you.  You might have been as to become a volunteer for redundancy.  You might not be sure whether you are getting the full redundancy package.  These are a few instances where the need for redundancy solicitors might be of great assistance.  Related: How A Solicitor Can Help You To Set Up A Business What Are The Circumstances Of A Genuine Redundancy? A redundancy is to be considered if the following are maintained:  Suppose the whole business is closing temporarily or maybe permanently.  It is possible that a particular workplace you are working in is either closing or maybe moving to another location.  Suppose the job you have ceased to exist or has diminished, or maybe you are expecting your job to cease to exist or diminish in the future. This will happen if your employer is considering certain restructuring in the workplace.   The redundancy is not to be considered to be genuine if the following happens:  Suppose your employer is replacing you with someone else, maybe with someone with someone who is willing to work for less amount.  It is possible that the business is about to transfer its ownership, and maybe the new owner is going to employ you on totally different employment terms.  It is more likely that the latter will become a Transfer of Undertaking (TUPE) situation. Before you apply for this, it is better to get legal advice, or you might be in trouble since it is a grey area.   An Employer That Has Not Followed A Fair Procedure In an ideal world, the employer’s redundancy process should have a set employment contract or handbook in place. Now what your employer should do is look for redundancies that can be avoided quite easily. Certain ways you can avoid redundancies are:  Your employer can ask you to volunteer for a redundancy or even opt for an early retirement.  The employer can also choose to lay off the employees who are self-employed. The employer can choose to ban or reduce any overtime.  Your employer can offer you to get alternative work.  Now if your employer still wants to proceed toward redundancy, then they should really identify the certain employees who are to be made redundant. But the selection should be made in a fair way.  While selecting the employees, there are a few characteristics that should not be considered as the selecting factors, they are such as gender, ethnicity, or any such discriminating factor.  The selection criteria that are to be considered fair and impartial are: Aptitude  Skills Qualifications Performance Record/Discipline Attendance    Now depending on these selection factors, the employer has to consult with these candidates; if they don’t, then the redundancy will be considered to be unfair as well. At least one meeting with the employer is important to discuss every aspect of this situation. Well, suppose your employer has selected over 20 candidates for redundancy, in that case, a special rule is applied that the candidates need to follow through.  You should also be given a proper notice period to prepare yourself. The notice period should be like this:  1 week notice if you have been working in the organization for between one month and about two years. 1 week's notice for each of the years the employee has worked in the company ranging between 2 to twelve years.   Lastly, 12 weeks of total notice period; if the employer has been working in the company for over 12 years.   Which Is Better, Being Offered A Redundancy Package Or A Settlement?  Well, now, suppose you have been working in a company or organization for over two years; then, you are entitled to a statutory redundancy payment as well. For this, the specific calculation goes something like this.  About 5 week’s payment is given to employees who have worked a full year after their 41st birthday.  About a week’s worth of payment is given to employees who have worked a full year after their 22nd birthday.  About half a week’s worth of payment is given to employees who have worked a full year till their 22nd birthday.  The total length of your service is capped at 20 years. Then your weekly payment is averaged over what you earn per week over a 12-week period till your redundancy notice.  Read Also: Breaking Down The Complexities Of Surrogacy And Assisted Conception Laws In The UK Preparing For Your Initial Consultation With An Immigration Lawyer Choosing The Right Conveyancing Solicitors For You

READ MOREDetails