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| SACRAMENTO CALIFORNIA EMPLOYMENT LAWYER ATTORNEYS |
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SACRAMENTO EMPLOYMENT LAWYER The Law Offices of Clancey, Doyle & O'Donnell, Sacramento, California employment lawyers representing employees in employment disputes including wage and hour, discrimination, sexual harassment, leave issues, wrongful termination an much more
SACRAMENTO WRONGFUL TERMINATION LAWYER In California, the employee usually faces an uphill battle when trying to prove wrongful termination. This is because the employer-employee relationship in California is presumed to be "at will" unless the employee is hired pursuant to a union contract or an individual employment contract "At will" means that an employer can fire someone for any reason, as long as it is not an illegal one, such as when someone opposes sexual harassment or other illegal activity and is fired as a result of it. However, the "at will" relationship can be modified either verbally or through an employer's custom or practice. For example, if an employee handbook contains a progressive discipline policy where verbal or written criticisms must be made prior to terminating an employee, the employee may argue that the employee was wrongfully terminated if the company did not follow its own policies in firing the employee. Similarly, if an employer verbally assures an employee continued employment, the "at will" relationship may found to have been modified, giving the employee a reasonable expectation of continuing employment for some time in the future, which might require the employer to establish "good cause" prior to terminating the employee. In the legal sense of the phrase as used under California state law, "good cause" means "fair and honest reasons, regulated by good faith on the part of the employer, that are not trivial, arbitrary, or capricious, unrelated to business needs or goals, or pretextual. A reasoned conclusion, in short, supported by substantial evidence gathered through an adequate investigation that includes notice of the claimed misconduct and a chance for the employee to respond." Cotran v. Rollins Hudig Hall Int'l, Inc. (1998) 17 Cal.4th 93, 108. Although the Cotran Court recognized the need for deference to an employer's decisions, the employer's discretion is not unfettered. (Id. at 101). Otherwise, the employer's implied-in-fact promise to terminate only for cause would be illusory. Wood v. Loyola Marymount Univ. (1990) 218 Cal.App.3d 661, 670. Wrongful termination claims turn on the individual facts in any given case. It is therefore important that the employee keep copies of any hiring letters, employee handbooks, and performance evaluations so that a reviewing attorney can better assist in evaluating the potential case. It is important to know what to do to protect the legal rights of yourself and your loved ones. Selecting the right attorney is an important decision. You should choose someone who is experienced, aggressive and dedicated to working to get fair compensation. Over the past we have successfully handled thousands of employment cases. That is why you should contact the Law Offices of Clancey, Doyle & O'Donnell. IT IS IMPORTANT TO PROTECT YOUR LEGAL RIGHTS.
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OR CLICK HERE FOR A FREE CONFIDENTIAL EMPLOYMENT CASE EVALUATION
SACRAMENTO DISCRIMINATION LAWYER
California Age Discrimination
In addition to raising an inference of discrimination in the manner set forth above, an employee may do so via statistical evidence, comparative evidence, or direct evidence. Direct evidence, such as discriminatory comments made by the decisionmaker, is often the most persuasive. However, in larger companies, it may be possible to use statistical analysis to demonstrate that the employer systematically discriminates against a particular race in hiring, promotions and terminations. Such evidence would raise an inference that the action taken against a particular employee of that race was also infected by racial animus or prejudice. Comparative evidence also raises an inference of discrimination by showing that different rules and standards were applied for persons of different races. Because discrimination cases usually turn on specific facts, and there is usually a 1-year time limit for filing, it is important to consult with an attorney as soon as possible after a potentially discriminatory action has been taken. California ADA Disability Discrimination attorneys, lawyers
California Disability Discrimination This means that many employees with less restrictive, less severe disabilities will be covered under California law, but not federal law. As a practical matter, California law has always been more advantageous than the federal ADA because of the availability of unlimited general and punitive damages. Now, however, there are substantive differences between the two laws that will cause certain cases filed under the ADA to be thrown out, while the same case would result in a large verdict for the employee under California law. The reason for this is that, under the ADA, workers with disabilities that do not substantially interfere with one or more major life activities are not protected, while in California, the limitation on major life activities need not be substantial. Further, correctable disabilities, like poor eyesight or high blood pressure will not be protected under federal law unless they substantially limit the individual even in their corrected state. In California, however, corrective measures are irrelevant to the determination of whether an employee is “disabled” unless the corrective measure itself is limiting. This means that, in California, an employee with a corrected disability, like poor eyesight, would be protected from discrimination. But the very same employee would be vulnerable to harassment and discrimination under federal law. Lastly, under California disability law, an employee may show that his/her disabling condition “limits” the major life activity of “working” simply by demonstrating that it prevents him/her from doing his/her own job without reasonable accommodation. Under federal law, an employee must show that, in addition to being prevented from doing his/her own job, an employee must show that the disability prevents him/her from performing a broad range or class of jobs. Under both state and federal law, in addition to proving a limiting, or substantially limiting disability, an employee must also show that he/she can perform the essential functions of his/her job with or without a reasonable accommodation. Once an employee demonstrates that he/she is “disabled”, the employer’s duty to accommodate that disability is fairly rigorous. The employer’s duty to reasonably accommodate disabled workers may require job-restructuring, transfer to an open position with less demanding duties, flexible work schedule, or permitting the employee to take a leave of absence. Whether an accommodation would be “reasonable” depends on many factors, including the size and resources of the company. A good rule of thumb, however, is that the company will be required to do whatever it can do to accommodate a disabled worker unless the cost of doing so would be prohibitive.
California Race Discrimination
In addition to raising an inference of discrimination in the manner set forth above, an employee may do so via statistical evidence, comparative evidence, or direct evidence. Direct evidence, such as discriminatory comments made by the decisionmaker, is often the most persuasive. However, in larger companies, it may be possible to use statistical analysis to demonstrate that the employer systematically discriminates against a particular race in hiring, promotions and terminations. Such evidence would raise an inference that the action taken against a particular employee of that race was also infected by racial animus or prejudice. Comparative evidence also raises an inference of discrimination by showing that different rules and standards were applied for persons of different races. It is important to know what to do to protect the legal rights of yourself and your loved ones. Selecting the right attorney is an important decision. You should choose someone who is experienced, aggressive and dedicated to working to get fair compensation. Over the past we have successfully handled thousands of employment cases. That is why you should contact the Law Offices of Clancey, Doyle & O'Donnell. IT IS IMPORTANT TO PROTECT YOUR LEGAL RIGHTS.
PLEASE CALL US TOLL- FREE AT
OR CLICK HERE FOR A FREE CONFIDENTIAL EMPLOYMENT CASE EVALUATION
SACRAMENTO HOSTILE WORK ENVIRONMENT LAWYER Employees need to work to live and support their families. When employees are harassed and discriminated against in the workplace, the initial inclination is to attempt to tolerate or endure the illegal conduct rather than object and risk retaliation. Employees need to understand they have an absolute right to work in an environment free from harassment, discrimination and retaliation. If you believe that you have suffered by reason of discrimination based on gender, age, disability or race or that you have wrongfully lost your job, you may have a claim. If you believe that you are in a hostile work environment or you think that you have been the victim of sexual harassment on the job, you should protect yourself and your legal rights and contact an attorney who understands this complex area of the law. The California Fair Employment and Housing Act prohibits discrimination based on gender, religion, race, national origin or age. In addition to discrimination, this Act also makes it unlawful for an employer to retaliate against an employee when the employee has refused to violate a law or the employee has reported the employer for violating regulations. Factors that the Federal and California courts use to determine whether your environment is sufficiently hostile to justify bringing a sexual harassment lawsuit include the following:
It is important to know what to do to protect the legal rights of yourself and your loved ones. Selecting the right attorney is an important decision. You should choose someone who is experienced, aggressive and dedicated to working to get fair compensation. Over the past we have successfully handled thousands of employment cases. That is why you should contact the Law Offices of Clancey, Doyle & O'Donnell. IT IS IMPORTANT TO PROTECT YOUR LEGAL RIGHTS.
PLEASE CALL US TOLL- FREE AT
OR CLICK HERE FOR A FREE CONFIDENTIAL EMPLOYMENT CASE EVALUATION
SACRAMENTO EMPLOYEE HARASSMENT LAWYER Sexual harassment is a form of sex discrimination that violates the California Fair Employment and Housing Act also known as FEHA (Government Code §12920 et seq.), and Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an abusive, intimidating, hostile or offensive work environment. Under Federal law, sexual harassment can be found in a variety of circumstances, including but not limited to the following:
In determining whether harassment has occurred under Federal law, one should examine the entirety of the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis. Sexual Harassment Under California State Law The Fair Employment and Housing Act defines harassment because of sex as including sexual harassment, gender harassment and harassment based on pregnancy, childbirth, or related medical conditions. The Fair Employment and Housing Commission regulations define sexual harassment as unwanted sexual advances or visual, verbal or physical conduct of a sexual nature. Sexual harassment includes many forms of offensive behavior and includes harassment of a person who is the same sex as the harasser. Under California law, illegal harassment may include, but is not limited to, the following:
It is important to know what to do to protect the legal rights of yourself and your loved ones. Selecting the right attorney is an important decision. You should choose someone who is experienced, aggressive and dedicated to working to get fair compensation. Over the past we have successfully handled thousands of employment cases. That is why you should contact the Law Offices of Clancey, Doyle & O'Donnell. IT IS IMPORTANT TO PROTECT YOUR LEGAL RIGHTS.
PLEASE CALL US TOLL- FREE AT
OR CLICK HERE FOR A FREE CONFIDENTIAL EMPLOYMENT CASE EVALUATION
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Sacramento Employment Lawyers Clancey, Doyle & O'Donnell 901 F Street, Suite 120 Sacramento, CA 95814 1.916.922.9301 1.916.922.0418 (Fax) Toll Free: 1-800-632-5529 |
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