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Employment Law & Workplace Discrimination: Know Your Rights

Thursday, February 01, 2018

Under California employment law, employees have the right to discrimination-free work environments. In short, discrimination occurs when a person is treated unfairly because of his or her race, gender, sexual orientation, disability, age, religion, or nationality. But identifying employment discrimination isn’t always easy, as it can take many forms. If you are an employee and have been treated unfairly in the workplace, knowing your rights is the first step toward seeking justice.

Legally speaking, there are two basic types of workplace discrimination: disparate treatment and disparate impact. Disparate treatment happens when an employer acts in a way that is directly unfair to the employee. This might include demotion or termination based on the employee's nationality, for example. In some cases, the employer might fail to give a promotion or raise to a qualified employee because of his or her sexual orientation or religion, which also qualifies as discrimination under California employment law. 

Disparate impact, on the other hand, is a more general term that refers to an action (usually a company policy) that is unfairly biased against an entire group of employees. If a company policy discriminates against pregnant women, for instance, it falls into this category. Other situations might include policies that prohibit clothing associated with a specific religion or policies that discriminate against a gender minority.

If you suffered discrimination in the workplace, now is the time to speak with a legal representative about your claim. At The Spencer Law Firm, you can work with an Orange County employment lawyer to seek compensation for your damages. Contact us for more information about employment law and your rights. 



Employment Law: Unlawful Termination Based on Filing a Worker's Compensation Claim

Thursday, February 09, 2017

California employment law sets forth the rules, regulations, statutes, and case law relevant to the relationship between employers and employees. Generally, employment relationships in California are "at-will", meaning that an employee may be terminated at any time, for any reason. However, there are notable exceptions to this general rule. One exception is that an employer may not terminate an employee for filing a worker's compensation claim. A worker who suffers an on-the-job injury is entitled by statute to file a claim for compensation.

An employee whose employment is terminated after filing or otherwise initiating a worker's compensation claim may have a claim against the employer for wrongful termination. Damages that a successful claimant might recover from a former employer include compensation for lost wages and the value of lost benefits. In some cases, successful claimants may recover damages for emotional distress and for attorney fees.

Generally, to prove unlawful termination based on filing a worker's compensation claim, the claimant must show that he or she was an employee entitled to receive worker's compensation benefits; that he or she filed a claim for worker's compensation; that he or she suffered an adverse consequence, such as termination of employment; and that the employer imposed the adverse consequence because of the filing of the worker's compensation claim.

It is important to seek legal advice from an experienced employment law attorney if you believe your employer wrongfully discharged you. Please contact us to discuss the facts of your case and your legal rights and remedies.




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