Orange County Employment Lawyer Blog

A Judge Ordered A Medical Company To Pay $148,000 to Settle A Pregnancy Discrimination Lawsuit

Thu, 15 Mar 2012 10:57:37 -0800

A federal judge ordered a medical staffing company to pay $148,000 to settle a pregnancy discrimination case filed by the Equal Employment Opportunity Commission. The suit alleged that the owner of HC Medical Staffing discriminated against the company's bookkeeper. The owner made offensive comments about her pregnancy and ultimately fired her because she needed to take time maternity leave following the birth of her son.

Unlawful discrimination based on pregnancy has become a widespread problem. A disturbing trend when many pregnant women still want and need to work as more American workers struggle to balance work and family. Pregnancy discrimination remains a significant problem in our society. Our Tustin, California Law Office litigates an abundance of these types of cases and we only expect to continue to receive more calls regarding this issue.

In this particular case the judge found that the circumstances leading to HCS's discriminatory wrongful termination of the employee were humiliating and caused substantial emotional distress. The judge found that HCS's owner Charles Sisson referred to the employee's pregnancy as a joke and insisted that maternity leave should last no more than a couple of days. With no prior warning or discipline HCS callously terminated her health insurance while she was still in the hospital recovering from a cesarian section.

Litigating a claim for pregnancy discrimination is an overwhelming process for claimants to litigate without the help of an attorney who has experience with discrimination and wrongful termination cases.. An attorney must be familiar with current laws as well as the courts throughout Orange County. The laws in California can be hard to understand and seeking the help of an experienced employment attorney can ease a claimant's experience on litigating their claim.

California prohibits employers with at least five or more employees from discriminating against an employee on the basis of pregnancy-childbirth. Generally an employee who is disabled on account of pregnancy is entitled to up to four months of leave of work. However, if an employer voluntarily allows for a longer disability leave for other types of disabilities the same amount of leave from work must likewise be available to pregnant employees. You must be aware that CFRA/FMLA may, in some cases, extend the total amount of leave time a pregnant employee can take.

A Los Angeles County Firefighter Settles Harassment and Retaliation Case for nearly $500,000

Thu, 23 Feb 2012 14:37:31 -0800

The Los Angeles City Fire Department will pay $494,150 to settle a lawsuit filed by a firefighter citing harassment and retaliation. The firefighter was employed since 1986 and initially filed the discrimination charge in 2007, alleging that he was continually harassed by his coworkers at his station. He alleged that his fellow firefighters would make offensive sexual and religious comments.

As an Orange County Employment Law Firm sexual harassment and retaliation, investigating a potential defendant is extremely important. In this particular lawsuit the Equal Employment Opportunity Commission did their due diligence in protecting the plaintiff's rights.

The Equal Employment Opportunity Commission uncovered that the harassment that began in late 2006 appeared to be linked to a lawsuit filed against the Catholic Church by the plaintiff regarding sexual abuse by a priest. Once co-workers found out that the plaintiff had filed a lawsuit against the Catholic Church over the abuse, several of them mocked and ridiculed him.

Although the plaintiff complained about the harassment to management nothing was ever done. The investigation found that the fire department failed to property investigate the plaintiff's claim. The investigation also found that the plaintiff suffered retaliatory discipline for participating in another Equal Employment Opportunity Commission investigation.

Sexual Harassment and religious discrimination nature is against the law. Once an employer receives a complaint or has other reasons to believe there is harassment or discrimination pertaining to race, sex, color, religion, marital status, national origin, ancestry, disability, medical condition, age and/or sexual orientation has occurred or is occurring an immediate investigation must commence.

There are certain types of complaints reported internally by employees to their employers that require special attention. In particular, employee complaints pertaining to unlawful harassment and discrimination or retaliation in the work place or employee complaints pertaining to wage and hours matters (such as overtime) may require that employers take certain steps in addressing the employee's complaint to minimize their legal exposure.

Failure to conduct an immediate, reasonable investigation or to take the above-described preventative steps may give rise to viable legal claims against a non-compliant employer. These claims typically make available the following damages: Compensatory damages, emotional distress damages, punitive damages, and the reimbursement of reasonable attorney fees and costs.

Los Angeles Woman Fired For Complaining About Sexual Harassment

Mon, 06 Feb 2012 14:22:51 -0800

A woman in Los Angeles County filed a lawsuit against a Malibu wedding venue for firing her because she complained about fraud and Sexual Harassment. At our Orange County Employment Law Firm, it has been our experience that Sexual Harassment cases are on the rise more than they have been in past years.

The Lawsuit alleges breach of contract, sexual battery, retaliation and gender violence. The plaintiff was fired after representing documented complaints, which means she was wrongfully terminated. She is seeking more than $425,000 in damages.

Employees have the right to be free of sexual harassment in the workplace. Sexual harassment can take one of two forms: (1) Quid Pro Quo and/or (2) Hostile Work Environment.

"Quid Pro Quo" sexual harassment may occur when employment or employment benefits are conditioned upon the employee's acquiescence to unwanted sexual advances. "Hostile Work Environment" sexual harassment generally occurs when an employee is the subject of unwanted sexual advances, or other sexual conduct (be it visual, verbal and/or physical). The conduct, however, must be sufficiently severe or pervasive, as a matter of law, to rise to the level of unlawful sexual harassment. In many cases, a few isolated incidents may not be sufficient.

A "hostile work environment" sexual harassment claim may depend upon some or all of the following factors: (1) Whether the conduct was committed without consent; (2) Whether the conduct was sufficiently severe or pervasive; (3) Whether the person committing the harassment was a co-worker or a supervisor; (4) Whether the company maintained a written policy against sexual harassment; (5) Whether the employer had adequate notice of the sexually harassing conduct; (6) Whether the employer undertook a reasonable investigation and preventative steps following notice of the sexually inappropriate conduct.

A claim for sexual harassment typically makes available compensatory damages, emotional distress damages, punitive damages, and the reimbursement of reasonable attorney fees and costs.

Equal Employment Opportunity Commission Finds Bellflower, California Pharmacist Was Wrongfully Terminated

Wed, 18 Jan 2012 13:05:04 -0800

The Equal Employment Opportunity Commission (EEOC) announced the simultaneous filing and $70,000 settlement of a disability discrimination lawsuit brought against Gemmel Pharmacies Inc., doing business as B&B Pharmacy, on behalf of a pharmacist who was denied a reasonable accommodation and fired due to his disability.

According to the Equal Employment Opportunity Commission, the pharmacist was hired at B&B Pharmacy in Bellflower, California in January 2007. The pharmacist was known to have severe diabetes, including renal failure. In August 2007, the pharmacist learned that a donor kidney had become available for him, requiring an immediate kidney transplant. He quickly advised B&B management of the impending surgery and his need for two to three months of unpaid leave of absence to recover. Instead, according to the EEOC, B&B Pharmacy fired and replaced the pharmacist instead of giving him reasonable accommodations. This is an example of a wrongful termination.

Most California employees are "at-will" employees. This means they may be terminated by their employers with or without cause, with or without prior notice. By the same token, "at will" employees may resign from their employment with or without cause, with or without prior notice. There are a few exceptions to "at will" employment, including the following: (1) Where the employee has an employment contract for a specified period of time; (2) Where the employer, by its own conduct, has essentially nullified an employee's "at will" employment status by making certain statements, promises, or representations; and (3) Where the employee engaged in certain legally-protected conduct.

Examples of Legally-protected Conduct:
•An employee may not be lawfully terminated for legitimately reporting sexual harassment (See also "Retaliation");•An employee may not be lawfully terminated for participating in an investigation into allegations of unlawful discrimination or harassment;
•An employee may not be lawfully terminated for filing a worker's compensation claim;
•An employee may not be lawfully terminated for "blowing the whistle" on certain unlawful conduct (See also "Whistle-blowing");•An employee may not be terminated for complaining internally about not receiving overtime pay, proper rest breaks or lunches, or proper wages;
•An employee may not be terminated for filing a complaint with a governmental or administrative agency, such as the Labor Board or DFEH

"California Labor Board Finds UPS Liable For Disability Discrimination"

Wed, 09 Nov 2011 13:54:06 -0800

News Break-This week The California Department of Fair Employment and Housing announced that United Parcel Service (UPS) must pay more than $96,000 in damages after the company fired employee Eva Linda Mason because of her disability. The Fair Employment and Housing Commission found that UPS had unlawfully terminated Ms. Mason even though she could perform the essential functions of her job. As an experienced Orange County Employment Law Firm, it is important to understand the difference between a disabled employee "with restrictions" and an employee who is "permanently disabled".

There are a small number of situations where an employer can justify terminating an employee due to a permanent disability. One such example is if the disability substantially inhibits one's ability to perform their job and there is no reasonable accommodation that can be made under such circumstances. An employer can validly terminate an employee without it being a wrongful termination.

UPS hired Ms. Mason in 1997 primarily as an Operations Management Specialist to handle customer calls and complaints on shipments. Although she occasionally located packages in a warehouse, handling packages was not part of her job. After Ms. Mason had knee surgery and took a leave of absence to recover in 2007, she continued to carry out the essential customer service functions of her job. Nonetheless, UPS perceived Ms. Mason as disabled because she had some restrictions, such as limited standing, walking, bending, and kneeling. UPS had a 12-month cap on the length of time employees with disabilities could be reasonably accommodated from their regular duties. UPS applied this cap to Ms. Mason and fired her in August 2008.

The Department of Fair Employment and housing said that "Using a 12-month cap to fire disabled employees is unlawful under the Fair Employment and Housing Act (FEHA)," and employees with disabilities must be allowed to work if they can perform their essential job duties with or without accommodation."

The Commission ordered UPS to pay $96,170 in damages, including $10,000 in administrative fines to the State. UPS must also post a notice about its liability and develop a policy and train management on disability discrimination.

Part III: How to Successfully Litigate Your Sexual Harassment Claim in California Courts; what is conduct committed without consent?

Tue, 21 Jun 2011 13:04:27 -0800

In Part I and Part II of "How to Successfully Litigate Your Sexual Harassment Claim in California Courts," we discussed all the mitigating factors that play a role in successfully litigating your sexual harassment claim and/or retaliation claim. The amount of calls we receive from prospective clients at Our Orange County Law Firm regarding Sexual Harassment is concerning. In deciding whether or not it is a case that our firm will take, we examine among other things, the mitigating factors involved in their claim.

Examples of conduct committed without consent that may give rise to a viable Sexual Harassment claim, include but are limited to, the following:

1. whether or not the conduct was specifically stated, meaning that it is an element of every offense whether the conduct was committed without consent of the employee

2. Examples of instances where their consent is lacking;
A. Forcible compulsion
B. Incapacity to consent

Forcible compulsion means to compel by:
A. Physical force ; or
B. A threat, expressed or implied, that places an employee in fear of their immediate well being or losing their future employment.

The following is a hypothetical story that mimics real life events:

Courtney goes to work on a beautiful sunny Tuesday morning. She arrives at the office at 8 a.m. Upon arriving at her office she runs into Andrew, her immediate supervisor. Her supervisor asks if they can have a meeting in his office at 10 a.m. Without hesitation she responds "yes". He has weekly meetings with her to discuss the work flow and the status of projects, so she isn't expecting anything different from this meeting. She steps into Andrew's office about 2 minutes before the meeting is scheduled too begin. He closes his office door. He gives her a hug and whispers in her ear, "thank you for taking the time to meet with me." She pushed him away from her, as she no longer felt comfortable at all. He responds to her in an aggravated tone, "don't you ever push me away when I hug you."

Part II: How to Successfully litigate your Sexual Harassment Claim in California Courts; what is retaliation ?

Wed, 18 May 2011 08:46:20 -0800

In our previous blog, "How to Successfully litigate your Sexual Harassment Claim In California Court" we discussed a few factors that play a role in litigating your sexual harassment claim and/or your retaliation claim. It is unfortunate that retaliation is far more common than we can imagine. Our Orange County Law Firm receives an abundance of calls wherein people feel they were retaliated against by being wrongfully terminated for reporting to their employer an incident or incidents of sexual harassment.

Examples of conduct that may give rise to a Viable Retaliation claim include, but are not limited to, the following:
•reporting sexual harassment or other legally-recognized harassment or discrimination.
• filing a complaint with (or who otherwise discloses information to) a government or law enforcement agency (Example: Filing a complaint with the Labor Board or disclosing information to the Labor Board during the investigation of another employee's complaint).
•complaining internally about not receiving overtime pay, proper rest breaks or lunches, wages or generally any other wage and hour related matter.
• intendending to file a worker's compensation claim.

The above examples illustrate a few types of conduct which may give rise to claims for retaliation. Please note that these examples are not all-inclusive. There are other circumstances which may protect you from retaliation.

When an employee files a claim for retaliation generally gives rise to the following damages:

• compensatory damages
• emotional distress damages
• punitive damages
• In some cases, reimbursement of attorney fees and costs.

In sum, retaliation can be hard to prove if you do not have the proper legal representation. Every county and every courthouse handles cases differently. It is very imperative to have an experienced attorney who is familiar with employment law in California so that you may achieve the best outcome possible.

How To Successfully Litigate Your Sexual Harassment Claim in California Courts

Thu, 05 May 2011 08:48:57 -0800

As you may already know from reading previous posts, In the state of California, it is unlawful to harass a person (an applicant or employee) because of that person's sex. It is unfortunate that when it comes to sexual harassment women and minorities are subjected to workplace harassment and discrimination.

Recently in the news two women (a current staffer and a former staffer) filed a lawsuit against a city parking authority claiming sexual harassment. Both plaintiffs claimed in their separate lawsuits that they were sexually harassed and suffered retaliation in connection with a lawsuit filed by another former employee. One of the plaintiffs alleged that the director of enforcement touched her breasts and buttocks, attempted to assault her in her home, and even suggested that the baby she gave birth to should have been his. Her suit contends that she was harassed by watching the defendant harass others. The case was settled for $300,000.

In order to have success in litigating a sexual harassment or retaliation case, one must establish that the conduct was committed without consent and the conduct was pervasive and offensive. Other contributing factors concern whether the offender was a co-worker or supervisor and whether the employer had reasonable notice of the conduct. Retaliation occurs when an employer, with notice of the offensive, fails to take action to prevent the conduct or responds unlawfully by terminating or disciplining the aggrieved party.

Los Angeles School Bus Company To Pay $150,000 To Settle A Los Angeles California Sexual Harassment Lawsuit

Tue, 08 Feb 2011 09:28:18 -0800

It is an unfortunate fact that more and more female employees are subjects of sexual harassment at their place of employment. Recently, our Orange County Law Firm has consulted with several employees who have been the subject of workplace harassment and discrimination. Recently, a school bus company agreed to pay $150,000 to settle allegations that a male supervisor at its Los Angeles, California facility sexually harassed at least four women, including bus drivers and a human resources assistant, as reported by the Beverly Hills Courier.

According to the U.S.Equal Employment Opportunity Commission, four female employees of First Student were sexually harassed, retaliated against or forced to quit. First Student builds itself as North America's leading school bus transportation services company. According to an EEOC lawsuit alleging civil rights violations, the supervisor made constant explicit remarks about the employees' body parts and the sexual acts he wanted to perform on them.

The harassment turned physical when the supervisor exposed himself, grabbed the breasts of a bus driver and rubbed his private parts against her body, according to the EEOC. The harasser cut another bus driver's hours upon refusal of his advances and promised extra hours to female employees who might submit, according to the EEOC, which reported that three of the victims felt forced to resign as a result of the ongoing harassment.

According to the EEOC, aside from the monetary relief, the parties entered into a consent decree, valid through 2012, which requires First Student to hire an outside employment consultant to revamp the company's policies, complaint procedures, investigations and training of its employees on sex discrimination, harassment and retaliation.

Los Angeles Superior Court Jury Awards Female Sargent $211,000 From A Sexual Harassment Lawsuit

Mon, 07 Feb 2011 15:41:06 -0800

On a previous blog we stated that when it comes to sexual harassment women and minorities are unfortunately subjected to workplace harassment and discrimination far too often. Our Orange County Law Firm constantly receives calls from prospective clients regarding this issue. However, it is unfortunate that many sexual harassment cases go unreported because the employee is afraid of retaliation or wrongful termination

Recently, the Beverly Hills Courier reported that a female Sargent was awarded $211,000 by a Los Angeles Superior Court Jury. The jury determined that she endured about three years of sexual harassment by her one-time mentor. The plaintiff's lawyer argued that the harassment against his client ranged from asking her out on dates to uninvited physical contact, including two forced kisses. The defense attorneys said criminal and internal investigations conducted into her complaints exonerated her one-time mentor.

Her mentor was in charge of her orientation and began tormenting her according to her lawyers, who said she initially tried handling the problem without telling her superiors. She eventually complained and was transferred to the another department and given a position tantamount to a receptionist and normally held by interns in the training unit, her lawyers said. White is currently in another inferior position in which she proofreads documents and cannot earn overtime, her lawyers said.

If your or anyone you know is the subject of sexual harassment, discrimination and retaliation contact our Orange County Law Firm for a free consultation.

Hewlett Packard's Board Forced It's Former CEO To Resign Amid Allegations Of Sexual Harassment

Wed, 02 Feb 2011 13:55:59 -0800

Our Orange County Law Firm receives a number of calls involving illegal workplace harassment. In the state of California, it is unlawful to harass a person (an applicant or employee) because of that person's sex. Harassment can include sexual harassment or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex. For example, it is illegal to harass a woman by making offensive comments about women in general.

Both the victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Unfortunately when it comes to sexual harassment women and minorities are unfortunately subjected to workplace harassment and discrimination far too often.

Recently, Hewlett-Packard's board forced its former CEO to resign amid allegations of sexual harassment and expense-account abuses. The case stems from allegations by an independent contractor that the CEO sexually harassed her and falsified expense reports to cover up a relationship, the Los Angeles Times reported.

In the wake of the company's handling of the sexual harassment complaint, four members of the Hewlett-Packard Company are going to step down. Among the incoming board members is Meg Whitman, the former CEO of Ebay and losing candidate in last fall's Californias governor's race.

The Times also reports that court documents filed by HP show the company is planning its own independent probe into Hurd's departure, stemming from a shareholder suit over Hurd's severance package. The ouster of the board members is largely the result of the perception of rash decision making -- The CEO was forced to resign despite HP's determination that he did not violate the company's sexual harassment policy.

If you need to speak to an attorney about an issue with discrimination, sexual harassment, unpaid wages contact our Orange County Law Firm for a confidential consultation to discuss your rights as an employee.

Does Your Santa Ana Employer Need To Provide You With A Meal Break?

Mon, 24 Jan 2011 13:25:31 -0800

Our Orange County Law Firm has been speaking to many employees regarding this issue. In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes. However, if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual written consent of both the employer and employee. A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual written consent of the employer and employee only if the first meal period was not waived.

If the employer requires the employee to remain at the work site or facility during the meal period, the meal period must be paid. Additionally, if you sit at your desk or otherwise continue to work while you eat your lunch, that is not a "duty-free" meal period and you should receive your pay for that period.

If your employer discriminates or retaliates against you or wrongfully terminates you because you ask about not getting a meal period, object to what you believe to be an illegal practice, or because you file a claim or threaten to file a claim with the Labor Commissioner, please contact our firm to discuss your options.

Does Your California Employer Require You To Work "Off The Clock, Without Paying You Overtime?"

Fri, 21 Jan 2011 09:22:13 -0800

In California it is illegal for an employee to work for an employer off the clock without being duly compensated. My Orange County Law Firm has received many inquiries regarding this issue. In California, the general overtime provisions are that a non-exempt employee shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime hours worked.

Overtime is calculated at one and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

There are, however, a number of "exemptions" from the Overtime law. An "exemption" means that the overtime law does not apply to a particular classification of employees. There are also a number of exceptions to the general overtime law stated above. An "exception" means that "overtime" is paid to a certain classification of employees on a basis that differs from that stated above.

Recently, a case was filed by a former employee of a major foreclosure law firm. She alleged that she and others were forced to work "off the clock" to keep up with a flood of cases over the past three years. The employee alleged that employees were regularly allowed five hours per week of overtime, but were also routinely required to work additional hours without pay.

If your employer requires you to perform any tasks before clocking in or after clocking out, you may have a claim for unpaid wages or unpaid overtime. If that is the case, please contact our firm to discuss your rights and options.

Groundbreaking Lawsuit: The Cheesecake Factory Hit With Sexual Harassment Lawsuit

Fri, 24 Dec 2010 08:21:02 -0800

Employees being fired after reporting sexual harassment seems to continue to grow unfettered everyday. My Orange County Law Firm has been receiving numerous calls regarding this issue. Most recently, a former employee of the Cheesecake Factory filed a lawsuit accusing the company of subjecting him to a barrage of sexual harassment from other male line chefs and punishing him when he complained.

The former employee's attorney has filed a federal lawsuit against the company seeking compensation for "mental anguish (and) loss of dignity. He says line chefs continually grabbed each others' buttocks and genitalia and simulated sexual intercourse in front of him. He contends he was mocked, punished and ultimately wrongfully terminated in September 2008 after he expressed his discomfort and complained.

According to the lawsuit filed by the employee's attorney, the Equal Employment Opportunity Commission issued a letter stating the evidence showed the employee "was subjected to severe sexual harassment and that the sexually hostile environment was pervasive."

According to the lawsuit, someone put a sanitary pad on a serving of meatloaf that the employee was about to prepare for a customer, and when he showed it to the person in charge of quality assurance, that person smirked.

In November 2009, the Cheesecake Factory settled a different sexual harassment lawsuit for $345,000. In that case, six male employees said they were subject to sexual harassment.

Have You Been Wrongfully Terminated By Your Irvine Employer?

Wed, 22 Dec 2010 13:56:36 -0800

My Orange County Law Firm receives calls daily regarding this issue. California's Labor Code specifies that an employment relationship with no specified duration is presumed to be employment "at-will." This means, at least in theory, that an employer or employee may terminate the employment relationship at any time, with or without cause. There at exceptions to the at-will rule created by the statue, the courts or public policy.

Federal and state laws and regulations protect employee's rights. For example, an employer can be liable for damages if they terminate an employee because of race, color, religion, sex, national origin. Additional information can be found by visiting the website for the Equal Employment Opportunity Commission.

In proving wrongful termination, a plaintiff must prove either that the termination violated the Fair Employment And Housing Act (FEHA), a statue, or a "common law" (non-statutory) cause of action such as wrongful termination in violation of public policy.

Wrongful termination cases are fact driven and therefore each case must be carefully and separately analyzed. It is therefore important that the employee keep copies of the Employee Handbook or other written policies and procedures, any letters or phone logs evidencing communications with the employer or its management, and performance evaluations so that the reviewing attorney can better assist the client in evaluating the potential case. If you feel you have been wrongfully terminated please contact Duvel & Duvel, PLC., for a free consultation.