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Sacramento Employment Law Blog

Jury awards $1.47 million in damages for sexual harassment claims

There is no law against being a jerk—and there can often be a fine line between what constitutes annoying, boorish or immature behavior and what rises to illegal sexual harassment.

While a one-time suggestive email may earn an employee disciplinary action, it may not rise to the level of harassment if the behavior is not repeated. A pervasive pattern, however, will earn the employee and employer a complaint and very likely, a lawsuit.

Can you quit and still sue for wrongful termination?

In most cases of wrongful discharge in California, you will need to be fired from your job before you can sue your previous employer. Some cases, however, can involve an employee who voluntarily left his or her position and then brought charges against the employer. The American Bar Association has detailed when it is acceptable to take this route and how your choice can affect the outcome of your case.

 

What you need to know about national origin discrimination

While most employees in California realize that discrimination is illegal, there are many things about this crime that are misunderstood. One of these is the fact that there are multiple kinds of discrimination. One type that is not as well-known is national origin discrimination. We at the Law Office of Jeffrey D. Fulton can defend your rights and work to help you fight against any type of discrimination that you may encounter in the workplace.

According to WorkplaceFairness.org, any discrimination based on your national origin is illegal. This could occur because you are from another nation, married to or associated with someone from another nation, or exhibit the cultural and physical traits of a foreign area, including your clothing, artwork or skin color. Any harassment because you are associated with a certain ethnic or religious group is also illegal.

Company abuses raise questions about independent contractors

Truckers in California face challenges in the industry that go beyond the typical 14-hour workdays and irregular schedules. After a yearlong investigation, USA TODAY recently published an article in which it outlined abuses in California’s port trucking industry. Among the ways port trucking companies have attempted to justify these abuses is to lure unsophisticated and undereducated drivers into contracts whereby the drivers are treated as independent contractors.

As independent contractors, drivers agree to provide their own trucks, or finance their trucks through leases, and pay port trucking companies expenses ranging from “hundreds of dollars a month for insurance and diesel fuel” to parking fees at company lots. “One company . . . charged $2 per week for the office toilet paper and other supplies.”

Things you may not know about sexual harassment

Knowing whether or not you have been a victim of sexual harassment at your workplace in California can be difficult. The specifications about what qualifies as harassment, the legal action you may need to take and consequences that might follow can often be misunderstood. We at the Law office of Jeffrey D. Fulton are here to not only fight for your rights in court, but also to help you understand the facts about sexual harassment.

 

Was I a victim of retaliation?

When it comes to workplace discrimination and wrongful termination in California, it can sometimes be difficult to determine whether your employer’s actions were unkind or illegal. While some moves may seem unfair, they must meet certain qualifications in order to prove that your boss was breaking the law.  

 

What is California’s minimum wage?

While you may think that minimum wage requirements are simple and straightforward, the truth is that the lowest amount you should be paid can depend on a variety of factors. Minimum-wage.org details exactly what you need to know to determine if you are being paid the correct amount at your job in California.

 

What is age discrimination?

Every single day, workers are mistreated in the workplace in a variety of ways. In Sacramento, and in other cities across the state of California, some workers may be subjected to wage and hour violations, such as denied overtime. However, discrimination is particularly widespread and some people do not even recognize the different ways it manifests in workplaces across the state. From racial discrimination to employees experiencing mistreatment over their gender, there are many forms of discrimination. Unfortunately, some workers and job applicants are unlawfully discriminated against due to their age.

According to the U.S. Equal Employment Opportunity Commission, it is against the law for employers to discriminate against employees who are at least 40 years old. there are many different types of illegal harassment, such as terminating an employee's job contract because he or she is over 40 years old. Other prohibited practices include reassigning an employee to a worse role solely because of their age, denying benefits to workers who are elderly or even refusing to hire someone just because they are over the age of 40.

Are you ready to file a sexual harassment lawsuit?

As an employee, you have legal rights that should be protected. This includes the right to a safe workplace free of sexual harassment. 

When sexual harassment occurs in the workplace, it can be traumatic. It is understandable that it may be difficult to come forward and report it. When you decide to do so, it is important to understand how to file a complaint in the most effective way.

Do you have a possible wrongful termination case?

When hard-working employees in Sacramento like you are fired for unjust reasons, the first instinctive response may be to take your employer to court for wrongful termination. The law office of Jeffrey D. Fulton is here to give you the information you need to tell whether or not you have a wrongful termination case on your hands.

First and foremost, violation of public policy is the one area in which it is absolutely against the law for your employer to fire you. If your employer has asked you to do something illegal and you refused, causing your termination, you likely have a wrongful termination case. The same goes for the reporting of illegal activities. Whistle-blowing, or the act of reporting employers for engaging in illegal activities, is frequently the target of retaliatory administrative action.

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