Banner image

by

There are many ways that you can lose an Oakland employment discrimination case. You can lose because you don’t enough evidence to support your case. You can also lose because, even though you have a mountain of extremely persuasive proof, you did not comply with the state’s procedural rules in pursuing your lawsuit. This can happen in a variety of ways, but one of the big ones is missing the deadline for filing a discrimination claim. In the past, the Fair Employment and Housing Act said that you only had one year to file a claim with the Department of Fair Employment and Housing. Wait more than one year – even if it was just 53 weeks – and your case could be thrown out.

Now, it will be harder for employers to dodge liability based on this kind of deadline argument. As of January 1, 2020, the law in California says that you have three years, not one, to take action. So, if you have been the victim of discrimination at work and it happened more than 12 months ago, don’t give up! Reach to an experienced employment attorney right away to discover more about the legal options available to you.

Back in October, with Gov. Newsom’s signature, AB 9 became law. That bill said that, effective Jan. 1, 2020, the limitations period (a/k/a the time period for pursuing legal action) in FEHA discrimination cases would be three years. Until Jan. 1, 2020, the law said that that time period was just one year. (These deadline periods refer to the period of time you have to file an administrative charge with the DFEH. The filing of that administrative charge is something that you must do first before you are entitled to sue in court, and it is mandatory.)

Continue reading

by

We all know that speeding has the potential to make bad accidents worse and make serious accidents fatal ones. Statistics from NHTSA back this up. However, you may wonder, “what if my case did not involve a speeding driver? What if I was seriously injured even though the driver who hit me was traveling at a very low speed? Can I still get compensation that will fully cover the extent of my serious harm?” The answer is “Yes, you can.” Start by contacting an experienced Oakland car accident attorney.

In law school, students learn about someone called the “eggshell” plaintiff. Though this may sound like an insult, it really isn’t. It just refers to someone who has a unique potential to be seriously harmed even from a relatively minor accident. That person may be in generally poor health or may have a special medical condition that makes him/her uniquely fragile. The law says that the reason for a person’s peculiar fragility is largely irrelevant. If the person who hit you was at fault, then the law says that he must “take his victim as he finds him,” meaning that he must compensate you for all of the damages that you can prove were caused by the accident.

In a recent Southern California case (Los Angeles Superior Court Case No. BC688739), W.O. was that sort of eggshell plaintiff. The 61-year-old man was injured at a 4-way stop intersection by a man who was going 8 mph when he ran into W.O.’s front passenger side.

Continue reading

by

Every employer has policies regarding employees with disabilities. For example, many employees whose disabilities leave them unable to do the essential duties of their job, even with an accommodation, may face termination. This may be legally allowable because discrimination law does not require employers to retain employees who cannot perform the mandatory duties of a position.

So, what happens when you lose your job because your employer made an honest mistake and erroneously misapplied its generally legal policies regarding employees with disabilities? Does the fact that the policy was legal and the mistake was a good-faith one mean that you cannot win a disability discrimination case in California? The answer, as it turns out, is “no, it doesn’t.” Bad faith or an illegal policy isn’t required. As always, be sure to consult an experienced Oakland disability discrimination attorney to find out how best to proceed if you’ve been fired due to your disability.

A recent case from Southern California offers very good news for workers who suffer discrimination, even when that discrimination comes in the form of a good-faith gaffe in applying a permissible policy. In that case, J.G. was a pharmaceutical sales rep for a major pharmaceutical company. Like many pharmaceutical sales reps, J.G.’s job required him to drive extensively.

Continue reading

by

Chances are reasonably high that, if you are an employee in California, you know that you can take legal action if you’ve been the victim of discrimination, harassment or retaliation. However, what do you do if you’ve been harmed in one or more of those ways but you’re just a temporary worker? Does that “temp” status change what rights you have or whom you can sue? For customized answers to these and other questions based on your specific circumstance, be sure to consult an experienced Oakland employment attorney.

E.J. was a temporary worker caught in a circumstance like that. She worked at a shoe care goods manufacturer’s facility, but she did not work for the manufacturer. E.J.’s employer was a temporary staffing firm. The temp agency hired E.J., paid her, tracked her time and paid her any benefits to which she was entitled. After five years of working at the facility, E.J. was fired. Following that termination, she sued the shoe care goods manufacturer for FEHA violations, including sex/gender discrimination, harassment and retaliation.

The manufacturer’s defense was fairly straightforward. It argued that a worker can only recover FEHA damages from a person or entity who is the harmed worker’s employer, that it was not E.J.’s employer and, therefore, it couldn’t possibly be liable to E.J. for any harm she suffered as a result of any FEHA violations.

Continue reading

by

Sometimes, the key to obtaining a positive result in your injury case is proving that the person or entity you sued was liable. You argue they were… they argue they weren’t… and your ability to obtain much-needed compensation hangs in the balance.

Other times, though, the defense admits that they were liable. When that happens, you “have it made,” right? Not necessarily. Sometimes, the key to success isn’t necessarily about establishing liability, it is about getting an award of damages that fully and fairly addresses the extensive damages you’ve suffered. Proving damages is often the most important part of an injury case, and doing so effectively is one of the essential reasons why your case needs the skill of an experienced Oakland truck accident attorney.

Take, as an example, the case of C.W.H., a woman injured in a Southern California crash. The Signal reported that, as C.W.H. passed through a green light at a Santa Clarita intersection, she was t-boned by the driver of a food processing company’s box truck. The truck driver told police that he was “half asleep” when the accident took place and that he had run the red light, according to the report.

Continue reading

by

The #metoo movement exposed many of the humiliating, hurtful, disrespectful and damaging things women often face in the workplace when it comes to discrimination and sexual harassment.

While it occurs less often, bias and discrimination that harms male workers is a real thing, too. California lawmakers have sought to maintain gender fairness in many statutes, including things like parental leave laws. Sometimes, employers or supervisors may be less enlightened. When that happens and you are the victim of discrimination, you may have options within the legal system. Contact an experienced Oakland employment law attorney to find out what’s available to you.

As an example, there’s the case of J.V., an employee of a property management company and also a first-time expectant father. J.V. put in a request for 12 weeks of parental leave, as allowed by California law. Reportedly, J.V.’s female supervisor expressed her disapproval. The employee received such biased questions as “Why can’t your wife stay home and take care of the child?” and “Will you be doing anything … or just sitting and watching T.V. all day?”

Continue reading

by

In any kind of situation where you’ve suffered a legal wrong, you only have limited time to act. Wait too long and you may have your options for achieving success and much-needed compensation narrowed substantially – or you may lose all your options entirely. If you’ve been the victim of discrimination at work or in applying for a job, don’t wait! Reach out to an experienced Oakland employment law attorney today.

W.W. was someone who, on the surface, seemed to have pretty strong case of discrimination. He was a caterer who, for 15 months, catered meals to both the visiting and home team players at the home field of the Sacramento minor league baseball team. W.W. eventually applied for the job of assistant clubhouse manager. At the time, W.W. was already performing some of the functions of an assistant clubhouse manager.

Additionally, the manager of the visitors’ clubhouse, who was also the man who hired W.W., recommended him for the job. Despite those credentials, the employer hired a teenager who was still in high school and who reportedly “did not meet any of the qualifications for the job.” W.W. was African American; the teen was white.

Continue reading

by

In California, there are several ways that an employer can fire an employee that is against the law. One of those ways is if the employer terminates the employee based on the employee’s disability without first engaging in a good faith effort to make a reasonable accommodation for that worker’s disability.

The Fair Employment and Housing Act demands that employers provide reasonable accommodations to employees with disabilities. The law requires many employers, in crafting the employee’s accommodation, to engage that employee in an “interactive process” in a good faith way. If you were fired because of your disability, and you were not afforded a reasonable accommodation or a good-faith interactive process, then you may be entitled to compensation and you should consult a knowledgeable Oakland employment law attorney promptly.

The case of paint store employee E.C. (Los Angeles Superior Court Case No. BC620114 / JAMS Arbitration Case No. 1210033499) is a good example. E.C.’s position required workers to lift heavy loads up to 72 pounds. The worker’s job application stated that she had a disability and could lift no more than 20 pounds.

Continue reading

by

When you are called upon by an investigator who has appeared at your workplace to investigate one or more of your co-workers, it can be a stressful time, even though you’re not the person under investigation. Being sought to answer questions or give testimony can be scary, especially if the knowledge you hold (and the investigators are asking for) is potentially harmful to your employer and/or your supervisor. Even if that’s true, you should be entitled to speak freely, openly and honestly, without fear of reprisals that could damage or end your employment just because you spoke the truth.

If you suffer a loss of your job simply because you cooperated with investigators’ investigation into your supervisor, then you may have a claim for wrongful termination in California. If that situation describes you, you should act without delay to reach out and retain an experienced Oakland employment law attorney to represent you.

The type of scenario described above actually happened to one state government worker recently. As reported by the Sacramento Bee, S.T. was a fraud investigator for a department within the state government when the State Auditor’s office opened an investigation into the department’s director. The director was suspected of engaging in improper hiring practices; specifically, nepotism in hiring her daughter and a friend.

Continue reading

by

Sometimes, the key evidence in your employment discrimination case focuses a spotlight on what the employer wrongfully did or did not do. Other times, though, your disability discrimination case may turn on the acts you did or did not undertake prior to litigation. That’s because, while your employer is obligated to provide a reasonable accommodation for your disability, both your employer and you are required to engage in an interactive process in good faith for determining what that accommodation should look like.

An interactive process is when employer and employee exchange essential information directly with each other to work toward an appropriate accommodation. One of the ways in which you can succeed in a disability discrimination case is by demonstrating that you engaged in the interactive process in good faith, while your employer did not. For the assistance you need in clearing this and other evidentiary hurdles, be sure that you have the legal advice and advocacy you need from a knowledgeable Oakland employment attorney.

The issue of good faith participation in the interactive process was a key to the outcome of the disability discrimination case of M.M., a civil transportation engineer for the California Department of Transportation. The engineer suffered from both physiological and psychological disabilities, including a heart anomaly, anxiety and depression. The engineer’s disabilities allegedly impaired his ability to sleep properly and, as a result, limited his ability to concentrate and to deal with stress.

Continue reading