Wednesday, October 23, 2013

Wrongfully Terminated Employee Scores Victory Against Her Employers

Since time immemorial, women have been falling victims to the many forms of discrimination in the workplace. Day in and day out, women are being harassed in different ways. Some get subjected to physical abuse. From groping, to rubbing of certain body parts, even with simple sexually-charged jokes and remarks. All these acts of sexual harassment clearly violates women’s rights and are prohibited based on federal and state laws implemented everywhere in the country.

Are the laws not yet enough?

There are a number of federal laws, strengthened by many state laws that help put a stop to these forms of discrimination and abuse. However, some employers and supervisors think that think they can get away with these laws. Moreover, these people think that they can manipulate every woman in their respective workplace. Just like in the complaint filed by a female employee, Jennifer Johnson from Wyoming. Miss Johnson was said to be harassed by one of her female supervisors at a construction site. After she talked to the owner of the company to report the said abuse, she was then terminated from her work. Under existing laws against discrimination and wrongful termination in California, you can file charges to avenge the injustice that you’ve been subjected to.

What should a female victim do?

Just like Miss Johnson, you should first seek remedy internally. However, when that fails, you can always turn to government agencies like the US EEOC. They will help you come up with your complaint, assisting you from the preparation of the case, its filing, even to the settlement and litigation of your complaint. They will help you seek remedies for the different kinds of abuses that you get subjected to. And just like Miss Johnson, you too can get justice for the harassment that you have been subjected to.

What can you do to finally stop these acts of discrimination from happening?

First up, you should familiarize yourself with your rights. Such reading materials can be found online. Read and understand them so you will know when your rights are being trampled on by other people. This could also help you know what you should do if you’ve been a victim of such acts. Just look for and hire the services of a top-notch California lawyer to help you prepare and file charges against those who harassed and discriminated you.

Thursday, October 3, 2013

Understanding How to Prove Retaliatory Termination

Retaliation simply means an action that is made out of revenge. In employment, retaliation usually happens when an employer punishes you in any way or form for doing what is right, such as reporting the employer’s unlawful conduct.

If you are an employee, you are entitled to your right to report to the appropriate employment agency your employer’s engagement in an illegal activity. However, if you do so complain and you have been subjected to an adverse employment action such as termination, then you may have a case of retaliatory termination or discharge. It is also possible that you may be subjected to discrimination or harassment before getting fired.

You can only be protected under various federal laws if you already filed your complaint of discrimination or harassment with your employer’s human resources department but wasn’t able to address it. There are a lot of federal laws that protect you from getting terminated in retaliation for doing what is right, such as the following:

•    Title VII of the Civil Rights Act of 1964;
•    Age Discrimination in Employment Act (ADEA);
•    Americans with Disabilities Act (ADA);
•    Equal Pay Act (EPA); and
•    Fair Labor Standards Act (FLSA), among others.

Under these laws, current and former employees are protected from retaliation. There is also no need to prove that you were treated differently in employment because of being a member of a protected group like your race, religion, sex, national origin, age or disability.

Moreover, under federal employment laws, your employer cannot retaliate against you if you engaged in a so-called “protected activity.” One example of a protected activity is when you refuse to obey an order you believe is illegal under the prevailing laws, or you filed a complaint citing discrimination or harassment in your workplace. You cannot also be subjected to retaliatory termination if you participated in an investigation, hearing, or lawsuit against your employer’s perceived illegal activity.

In order for you to establish a valid claim of retaliatory termination, you must not only prove that you were engaged in a “protected activity,” but you believe that your termination is connected to it. The best way to fully establish your claim against your employer is to seek the expertise of a Los Angeles employment lawyer.