Law Office of Jeffrey D. Fulton

April 2019 Archives

Jury awards large sum for age, disability discrimination

Residents in California know that there are strong laws in place that expressly forbid discrimination in the workplace based on a variety of factors, often called protected classes. These include gender, race and religion. Persons over the age of 40 and those with disabilities are also protected classes, meaning that they should not be discriminated against by an employer for their age or because they have a disability.

Reasons that may or may not support termination

In California, it is common for employment of a person by a company to be considered at-will. This generally means that an employee is not required to remain working for the company if the employee wishes to leave. On the other side of the coin, the company may be allowed to terminate the person's employment for any reason at any time. This, however, does not mean that all terminations are lawful.

When management fails to address severe discrimination

We have covered many of the different types of discrimination which occur in workspaces across the state of California. Unfortunately, some workplace situations which involve a great deal of discrimination can be especially tough for employees to deal with. For example, someone who is experiencing discrimination because of their ethnicity or their religious beliefs may be subjected to relentless, brutal discrimination. Even worse, there are times when management fails to take action and ignores what is happening on the job. In these instances, it is pivotal for victims of discrimination to firmly stand up for themselves.

Did your employer misclassify you as an independent contractor?

When you make your living working in California, it is important that your employer classify you appropriately with regard to whether you are an actual employee or an independent contractor. The way your employer classifies you will have a considerable effect on your paycheck and the manner in which you pay taxes, so it is essential that you have the correct classification so you can make sure to cover all your bases.

Why are victims of sexual harassment reluctant to come forward?

Experiencing sexual harassment in the workplace can impact you emotionally, but it can also have a substantial effect on your productivity and overall wellbeing in the workplace. Regrettably, many women who are victims of workplace sexual harassment never come forward, and in many cases, this allows the harassment cycle to continue.

What rights do you have as a pregnant woman in the workplace?

As a pregnant employee in California who works for a company that staffs at least 15 people, you have certain rights related to your pregnancy status that your employer cannot infringe upon. Outlined by the Pregnancy Discrimination Act and Title I of the Americans with Disabilities Act, these rights set certain guidelines your employer must follow with regard to his or her treatment of you, given your pregnancy status.

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