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So far California Employment Counsel has created 38 blog entries.

How Do You Prove National Origin Discrimination?

Workplace discrimination is an enormous issue, both in California and throughout the United States. Despite the establishment of federal, state, and local entities like the Equal Employment Opportunity Commission (EEOC), the California Equal Employment Rights and Resolution Office (EER&R), and Orange County equal rights groups to investigate these matters, some individuals continue to believe their biases supersede employee rights. In fact, in the most recently completed fiscal year, the federal EEOC alone investigated 72,675 allegations of workplace discrimination. Of these, over half related to retaliation, while another substantial portion resulted from race, sex, age, or national origin – or

2021-05-06T05:24:27+00:00March 26th, 2021|

Does a Whistleblower Need an Attorney?

As American business continues to increase in both size and complexity, it is perhaps unsurprising that the number of individuals willing to take unfair advantage of others has increased as well. In fact, the federal government alone recovered over $62 billion in judgments for improper acts since 1986 when it strengthened the False Claim Act. As a result, it is essential that fair-minded individuals feel empowered to come forward to expose these wrongdoings, thus enabling the business, its stakeholders, and its clients to seek justice for fraudulent activity. Unfortunately, dishonest individuals often take drastic measures in an attempt to ensure

2021-04-13T15:35:30+00:00March 25th, 2021|

How Do You Report Workplace Abuse on Zoom?

While countries worldwide are contending with the COVID-19 pandemic, employees who now work from home face another less obvious yet still incredibly harmful challenge—cyberbullying and digital harassment. Most companies have transitioned to working remotely over the past several months. It would seem reasonable to assume that the frequency of workplace abuse would be reduced with this change in environment. However, not only have cyberbullying and digital harassment not decreased, but they have also gotten considerably worse. Workplace Culture Has Suffered as Employees Transition to Working From Home Recent statistics on workplace abuse support this assertion. In a study conducted

2021-04-13T15:46:42+00:00February 7th, 2021|

Mandatory Arbitration Clauses Negatively Impact Workers in California

Arbitration is a private process in which two or more parties settle an agreement outside of the courtroom with an arbitrator instead of a judge. This is a more discreet way of settling a dispute than going to court and is often preferred by companies and corporations for confidentiality reasons. In a private setting like an arbitration meeting, companies do not have to worry that their trade secrets or other private information will be accessible to anyone outside of the arbitration agreement. An arbitration process can resemble a trial in that both parties make opening and closing statements and

2021-01-08T13:44:14+00:00December 29th, 2020|

Were You Wrongfully Terminated Under Cover of COVID?

The COVID-19 pandemic has shaped nearly every aspect of the social and economic landscape here in California and throughout America. Thousands of workers have been laid off or let go due to shut-downs, lack of business, and loss of revenue. While many employers are letting people go with plans of hiring them back as soon as business picks up again, others are using COVID as a smokescreen to get rid of employees for discriminatory reasons. Even during these unprecedented times, employers are prohibited from firing people for discriminatory reasons such as pregnancy or taking necessary sick leave. If your employer

2021-03-10T22:09:17+00:00December 29th, 2020|

Terminated During the Pandemic? Know Your Rights

The Coronavirus pandemic has upended life in unexpected ways. It has also taken a dramatic toll on the US economy. One of the most unfortunate results of the pandemic situation has been the loss of countless jobs throughout the country. Millions of Americans, mostly those working in “nonessential” roles, are out of work and uncertain what the future holds. Despite the fact that we are experiencing an unprecedented situation, the same protections that guard employees from wrongful termination still exist. If you lost your job during the Coronavirus outbreak, it’s only natural to feel frustrated and a bit lost as

2021-03-10T21:57:55+00:00July 13th, 2020|

Handling Sexual Harassment Involving Non-Employees

Business leaders in the United States recently received a much-needed wakeup call in the form of the #MeToo movement, which brought widespread attention to the issue of sexual harassment and victimization in American workplaces. The issue is present across all industries and every strata of the American economy. It is essential for business leaders to know how to address sexual harassment incidents that arise within their workplaces. However, some business leaders may struggle to discern the appropriate course of action when it comes to sexual harassment issues that arise involving non-employees. It is every business leader’s responsibility to ensure

2020-12-07T12:52:24+00:00June 5th, 2020|

How Gender-Based Rumors Create a Hostile Work Environment

No good things ever come from gossip. In the case of workplace rumor mills, gossip can harm someone both emotionally and professionally. Every workplace has the duty to ensure a safe environment free from abuse, including gender-based rumors which can contribute to a hostile work environment. Gender-Based Rumors and Sexual Harassment According to the Equal Employment Opportunity Commission (EEOC) sexual harassment in the workplace can include any conduct that creates a hostile or offensive work environment. Examples of sexual harassment can include sexual comments or gender-based rumors regarding an employee. Stating that a woman “slept her way to the top”

2020-11-15T03:07:35+00:00March 31st, 2020|

Reasonable Accommodations for Pregnancy in California

The federal law requires that women be permitted to take 12 weeks of unpaid leave under the Family Medical Care Act if an employer and employee both meet certain guidelines. However, many women choose to work during pregnancy right up until they deliver their child. In many cases, during this time, a woman has medical issues stemming from the pregnancy that prevents her from working in the same way she did previously. California law requires that employers make reasonable accommodations for any pregnant woman in order to give them an opportunity to continue working while pregnant. Understanding Reasonable Accommodations

2020-07-10T12:02:56+00:00February 26th, 2020|

9 Steps a Company Must Take After a Sexual Harassment Claim is Made

Our employer has an ethical and legal obligation to take sexual harassment claims seriously and investigate the charges thoroughly. Unfortunately, 39% of employees do not report sexual harassment in the workplace for fear that management will not handle the claim effectively. Your employer should take all sexual harassment complaints seriously and follow these steps to ensure that they are handling the claim in an appropriate manner. 1. Hire a Lawyer Employers should hire legal counsel. Sexual harassment claims can lead to substantial monetary settlements and serious liability. 2. Notify the Board of Directors The board of directors should be notified.

2020-11-15T03:08:37+00:00January 25th, 2020|
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