In order to decide whether to file a case for wage violation or harassment / discrimination against the employer that you are still working for, you should take into account not only the legal aspects of your potential case but also the practical factors. In the short audio recording below,…
On October 24, 2017, an Orange County jury returned a verdict in the amount of $176 for a mechanic who sued his employer for racial harassment, racial discrimination, and disability discrimination. The defendant in that case was a heavy equipment rental company. They hired a plaintiff to perform maintenance on…
Retaliation claims increased by nearly five percent in 2015 and continue to be the leading type of cases filed by workers across the US. Various disability law violations, including ADA disability discrimination claims increased by six percent from last year and are the third largest category of claims filed by…
Under FEHA (California Fair Employment and Housing Act) anti-discrimination laws, only employers who employ five or more employees can be liable for unlawful discrimination. This means that the FEHA protection against workplace discrimination generally does not extend to employees who work for smaller employers. However, in limited circumstances there is…
A mean supervisor who uses or abuses his power and authority in obvious or more subtle ways that none of the workers like, but many have to put up with, at least until the solution to the problem is found, such as transferring to a different department, have a manager…
I almost feel like the word “harassment” is the wrong term of the legal claim entitled “harassment at workplace” in the legal world because its legal meaning is so different from the meaning of the word in the ordinary, day-to-day life. Under the law, an actionable claim for harassment /…
Workplace harassment is a source of tremendous stress for many employees in California. Some of them confront their harassers in one way or the other, while others take a passive approach, feeling helpless or not believing that anyone can help them, including their human resources management. Unless the harassment is…
The leading opinion on the issue of employers’ obligation to remedy workplace sexual harassment of a victim by his co-workers, is the ninth circuit case Ellison v. Brady (1991). In that case, the court carefully analyzed the approach that a number of other courts take toward determining whether the employer…
Under the avoidable consequences doctrine, as recognized in California, a person injured by another’s wrongful conduct will not be compensated for those damages that the injured person could have avoided by reasonable effort. Thus, this doctrine gave rise to the duty to mitigate damages in employment cases – the duty…
Many workers intuitively believe that just because their co-workers act toward them in a rude or unfair way or just because they are not friendly to them, this is ground for harassment claim in court. It is important to remember, however, that under California law, a conduct is considered harassment…