Friday, August 17, 2012

Employees’ Right to Question Their Termination

Los Angeles Employment Discrimination

One of the most distinguished labor policies that employees are not in favor of is the “at-will” employment.

Its popular definition meant that the company owner has no liability under the law if he or she wishes to fire a worker. Actually, this is quite untrue, since at-will explicitly states that the termination should be done under valid reasons in line with the law. 

Accordingly, a worker who questions his or her dismissal and suspects that it is illegal may assert his or her rights by seeking the help of legal professionals. In this regard, he or she may consult an employment attorney.

Since most cases of wrongful termination happen in the State of California, it would suffice to get the services of a good Los Angeles employment discrimination lawyer. If the lawyer proves that the following violations were committed against the employee, the employer could face heavy penalties from the government: 

Discrimination – Discrimination is the most prevalent reason for the illegal dismissal of workers. Accordingly, employees are given the right to decide for themselves and to be treated fairly no matter what skin color, age, religion, nationality, gender, sexual preference, and disability that they have. Employees should therefore expect that they should be categorized through their qualifications and not because of some biases. 

Refusal to commit an illegal act – A company owner has no right of firing a worker who refuses to commit an illegal act as directed by the administration. This may happen once the employer asks the laborer to do actions that they know are against those prescribed under the Constitution. If this happens, the employer has clearly violated certain employment rights. 

Retaliation – This is described as the cruel and inhumane treatment of an employee who has participated in an investigation against the company or has expressed discontent towards the administration. Most cases of retaliation ends in wrongful termination since workers are forced to quit their jobs due to the treatment that they are receiving. 

One agency where a worker may ask for assistance in this kind of predicament would be that of the Equal Employment Opportunity Commission (EEOC). This government arm is tasked to handle labor concerns and it can work hand in hand with employment lawyers.

Thursday, August 16, 2012

Forms of Religious Discrimination Corresponding Employee Rights

Los Angeles Religious Discrimination | Employment Discrimination

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The employment discrimination in California has taken a lot of forms that will definitely afflict concerned employees. Although California has been acknowledged as one of the states with the most abundant employment opportunities brought by tourism, it is also notorious for various violations and abuse that are committed against employees. One of this is termed as religious discrimination. 

Religious discrimination is referred to as the isolation or negative treatment done towards people who have a different belief or religious practice. According to the First Amendment of the United States Constitution, specifically through the Freedom of Religion provision, discrimination is prohibited and it is determined through the following elements:

Denial of the equal protection of the laws
Denial of the  equality of opportunity 
Denial of the access to employment, education, housing, public services and facilities, and public accommodation
Denial of equality of status under the law
Denial of equal treatment in the administration of justice

In line with helping the employees and informing them of their privileges, the United States Equal Employment Opportunity Commission (EEOC) has listed the following rights that those who belong in the labor sector are entitled to: 

Religious discrimination and work situations – The law forbids discrimination within the various processes of employment. 
Religious discrimination and harassment – The law does not permit harassment  done on an employee because of his or her beliefs or religion (continuing acts that lead to a hostile working environment).
Religious discrimination and segregation – The law does not allow a worker to be separated from his or her normal tasks due to inequity. 
Religious accommodation/dress and grooming policies – The company owner and the member of staff should have an agreement regarding the use of traditional clothing especially under reasonable circumstances.
Religious discrimination and reasonable accommodation and undue hardship – The company owner does not need to experience undue hardship for a worker who has a different religion. 
Religious discrimination and employment policies/practices – The employees should not be required to follow company policies that would impede their religious practices.  

An employee who has experienced discrimination due to his or her religion should look for Los Angeles employment lawyers. These professionals would aid the said employees in filing a formal complaint to recover some damages awards in the form of money to compensate for the workers’ losses. 

Wednesday, August 1, 2012

Identifying Acts of Sexual Harassment

Acts of Sexual Harassment in Los Angeles

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Sexual harassment has plagued the labor sector for the longest time. Women in particular were the ones who often experience this kind of maltreatment. Luckily, through the years, there seems to be a decline in the number of cases that involve sexually harassing a female employee throughout the United States.

This seems to be the result of the cultural, social, emotional, and psychological revolution that the human race had gone through. Nonetheless, this does not guarantee that sexual harassment had been completely obliterated. It merely implies that these violations have turned far more discreet than before.

In line with the discussion of sexual harassment, it is defined as the maltreatment of an applicant or employee because of his or her sex. It also includes unwelcome sexual advances, requests for sexual favors, and verbal or physical harassment that are sexual in nature. To probe on the previous cases of sexual harassment that was handled by the Equal Employment Opportunity Commission (EEOC), a recent press release should be cited.

According to the records of the EEOC, Quality Egg – a defunct egg producer, has violated federal civil rights laws. This is by letting its manager to sexually harass at least two female employees. The EEOC stated that by not doing anything or by not implementing policies that would prevent harassment in the workplace, Quality Egg had breached the rights of employees and its responsibilities as an employer. Therefore, as penalty, the company is set to pay $85,000 to its two female former employees.

To help workers in identifying the elements present in sexual harassment, here are some circumstances cited as examples by the EEOC:

•    The harasser and the victims could be either a man or a woman.  Gender is irrelevant in cases that involve sexual harassment.
•    The actions done by the harasser should be unwelcome.
•    The victim does not need to be the one harassed, but could be someone who is affected by the actions of the harasser.
•    The harasser could be the supervisor, company agent, supervisor of another area, a co-worker, or a non-employee such as a customer.

If this problem took place in California, the victim should ask for the help of a Los Angeles employment lawyer. This person would prosecute the harasser to get justice that the victim rightfully deserves.