Month: January 2018

Reasonable Accommodation for Pregnancy

Reasonable Accommodation for Pregnancy

Unlike other federal laws, such as those protecting employees with disabilities, the PDA does not impose an affirmative duty on employers to accommodate pregnant employees.

Instead, employers must provide reasonable accommodations to pregnant employees only such accommodations are provided to other employees who are temporarily limited in their ability to work.

For example, if your employer offers light-duty work to employees with broken bones or other temporary ailments, it may also be required to offer light duty to pregnant employees with medical restrictions.

On the other hand, if your employer doesn’t offer accommodations to any employees, it won’t be required to give you a flexible schedule or light-duty work under the PDA.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

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Pregnancy Discrimination Laws – Part II

Pregnancy Discrimination Laws 2

Pregnant employees are entitled to various protections under federal and state law, including the right not to be discriminated against, and in certain circumstances, the right to reasonable accommodation and time off from work.

While federal law sets the minimum requirements that employers in all states must follow, states are free to create laws that are more protective of pregnant employees.

Many states have done so, with some laws applying to a wider set of employers or providing greater accommodation or leave rights.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Pregnancy Discrimination Laws

Pregnancy Discrimination Laws

If you were fired because of your pregnancy or plans to get pregnant, you may have a wrongful termination case against your employer.

Most employers may not discriminate against employees for being pregnant, deny them leave they are entitled to under federal or state law, or refuse to provide reasonable accommodations when required to do so.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

White-Blowing Violations in California

White-Blowing Violations in California

Whistle-blowing laws protect employees who report activities that are unlawful or harm the public interest.

Some states protect whistle-blowers who complain that their employer broke any law, regulation, or ordinance at all.

Other states give employees whistle-blower protection only when they report that their employer broke certain laws, such as environmental regulations or labor laws.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Retaliation Claims for Wrongful Termination

Retaliation Claims for Wrongful Termination

Employers are forbidden from retaliating against employees who have engaged in certain legally protected activities.

To show that you lost your job as a result of your employer’s retaliation, you must prove all of the following:

– You were engaged in a legally protected activity—such as filing a complaint with the Equal Employment Opportunity Commission or formally complaining to your employer about harassment or discrimination.

– That activity prompted your employer to act—for example, you were reprimanded just after your employer found out that you filed a charge of sexual harassment.

– Your employer’s action had adverse consequences for you—for example, you were fired, denied a promotion, or given a negative performance review that was unwarranted.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Discrimination Claims for Wrongful Termination

Discrimination Claims for Wrongful Termination

Employers may not fire even at-will employees for illegal reasons, and discrimination is illegal.

If you believe you were fired because of your race, color, national origin, gender, religion, age, disability, pregnancy, or genetic information, you should talk to a lawyer right away.

There are strict time limits and rules that apply to discrimination claims; for example, you must file a complaint of discrimination with a state or federal agency before you may sue your employer in court.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Implied Promised as Related to Wrongful Termination

Implied Promised as Related to Wrongful Termination

The existence of an implied employment contract—an agreement based on things your employer said and did—is another exception to the at-will rule.

This can be difficult to prove because most employers are very careful not to make promises of continued employment.

But implied contracts have been found where employers promised “permanent employment” or employment for a specific period of time or where employers set forth specific forms of progressive discipline in an employee manual.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Written Promises as Related to Wrongful Termination

Written Promises as Related to Wrongful Termination

If you have a written contract or other statement that promises you job security, you have a strong argument that you are not an at-will employee.

For example, you may have an employment contract stating that you can only be fired with good cause or for reasons stated in the contract.

Or, you may have an offer letter or other written document that makes promises about your continued employment. If so, you might be able to enforce those promises in court.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Damages Available for Retaliation and Whistleblowing Claims

Damages Available for Retaliation and Whistleblowing Claims

How much you might collect if you win a retaliation or whistleblowing case depends on the basis and strength of your claims.

For most wrongful termination cases, a winning employee can ask for:

– Back pay: wages and benefits you lost as a result of being wrongfully fired

– Reinstatement or front pay: you can ask the court to give you back your job or, if that’s not feasible, to award you the wages you will lose going forward until you find a new job

– Out-of-pocket losses: any expenses you had to pay as a result of being fired, such as the cost of searching for a new job, and

– Attorneys’ fees and court costs.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com