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Many times, employers will seek to resolve Fair Employment and Housing Act discrimination disputes through arbitration as opposed to litigation. They do this because they believe that the arbitration process will be cheaper than litigation and that the resolution will be more favorable than they would receive in court. For a multitude of reasons, you, as an employee, might prefer to present your case to a jury or judge, not an arbitration panel. The key, then, is avoiding being forced into arbitration, such as by a mandatory arbitration provision in your employment contract. For options on achieving these and other goals in your discrimination case, contact an experienced Oakland employment attorney.

Sometimes, there are ways to avoid arbitration even if you signed an arbitration agreement. Take the case of C.R. C.R., who would eventually become the plaintiff in the case, was someone who had amassed an impressive resume. She had a law degree from UC-Berkeley and a Ph.D. in biophysics from the same institution. Her experiences in the law and the sciences in the Bay Area allowed her to obtain a substantial position as a patent lawyer with a prestigious law firm in 2014. The attorney’s title was described as an “income partner.”

Shortly after she started work, she signed a partnership agreement. That agreement contained an arbitration provision in it that she was required to handle disputes first by submitting them to “mandatory, but non-binding, mediation.” If the dispute remained unresolved after 60 days, then either side could submit the dispute to binding arbitration.

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When you are injured as a pedestrian in an accident, you have several decisions to make and you may have several options for seeking a much-needed award of damages. Especially when you suffer substantial injuries in a crash, it is important to identify all those who may be liable, because simply recovering a judgment against an individual driver may diminish your ability to get the full compensation you need. If you can prove that the driver who hit you was engaged in job-related activities at the time of the collision, then you may be able to get a judgment of liability against the driver’s employer on the basis of something the law calls “vicarious liability.” To achieve this and other litigation goals, be sure you have an experienced Oakland injury attorney on your side.

A recent case that originated in Orange County was an example of this type of legal issue. J.A. was a pedestrian walking after dark in May 2013. As the pedestrian crossed a street, B.Z. crashed her car into J.A. The driver did not see the pedestrian until the moment before her vehicle collided with the woman. The accident caused J.A. to suffer serious injuries. At the time of the accident, B.Z. was talking on her cell phone using her car’s hands-free Bluetooth system.

B.Z. was a manager with a court reporting agency and was on the phone with one of the agency’s court reporters when the crash happened. J.A.’s assertion was that B.Z. and the reporter, M.H., were talking business and that the manager was acting the “scope of her employment” during that phone call. B.Z. asserted that M.H. was a close personal friend, that they were discussing family matters and that work-related topics never came up during the call. B.Z. also asserted that she and M.H. spoke several times per week to discuss personal matters. M.H. also testified that the two were friends and spoke frequently.

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California law provides various forms of protections for workers here. One area where those protections comes into play is retaliation against a worker for exercising her legal rights. There are many acts that a worker may do and the employer cannot punish the worker for it or, if they do, they are in violation of the law. One of these rights is availing yourself to the legal system to challenge your employer’s violation of employment laws, such as the Fair Employment and Housing Act. If you believe you’ve been wrongfully terminated from your job in retaliation for exercising your rights, you should contact an experienced Oakland employment attorney about your situation.

A.Q. was a worker in a similar and unfortunate situation. She was an employee who worked at an Orange County restaurant and who sued after the employer allegedly failed to pay overtime wages in accordance with federal “wage and hour” laws, including the Fair Labor Standards Act. A.Q. won that lawsuit.

Along the way, though, the employer fired A.Q. This allowed the employee to pursue an additional claim against the employer–wrongful termination. The law forbids employers from firing employees in retaliation for exercising their constitutional right to pursue civil litigation in court. This kind of termination is illegal if the employee has proof that the exercise of a constitutional right (such as filing a FLSA lawsuit) triggered the firing, unless the employer can persuade the court that there was a different, valid and independent reason that was the actual basis for the termination.

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Sometimes, when a party to a case wrongfully destroys an important piece of evidence, the other side may be entitled to seek, and obtain, a penalty from the party who caused the destruction. The remedy to which you may be entitled for the “spoliation” of evidence can vary depending on the facts. If the destruction of the evidence was due to negligence, the penalties would be less severe than if the destruction was intentional. In some cases, you may be able to obtain money sanctions, or you may be able to persuade the trial judge to give the jury a specific instruction that says that they, the jury, may make in their deliberations certain negative factual inferences against the party who destroyed the evidence. This might include such things as making an inference that the destroyed evidence was relevant and was harmful to the destroying side’s case.

When it comes to demanding evidence, discovering that evidence has been destroyed and seeking remedies for improperly destroyed evidence, there may be many procedural options available to you. The key is having a detailed understanding of the rules and the law. That means having a knowledgeable Oakland employment attorney on your side.

The Fresno Bee reported on the wrongful termination case of a restaurant manager in Fresno, which was an example of this type of scenario. J.O. was the general manager of a restaurant chain’s location near Fresno State University. The manager had been with the employer for more than a decade, receiving “outstanding performance reviews” along the way. In 2014 and 2015, things allegedly changed, however. The manager developed carpal tunnel syndrome in her wrist and filed a claim for workers’ compensation benefits based upon the workplace injury to her wrist. After that, the employer’s upper management allegedly hatched a plot to retaliate against the manager for filing the workers’ comp claim, according to the report.

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On September 30, Governor Brown signed into Law Senate Bill 1300. While that name and number may, by themselves, mean nothing to you, it is important to know what this new law does. This law substantially strengthens California’s law surrounding workplace sexual harassment and sexual harassment lawsuits. Importantly, the new law clarifies that even as little as a single incident of sexual harassment may be enough to give a victimized worker a valid sexual harassment claim in court. With this new law’s provisions in place, victims of harassment have an even greater opportunity than ever to get much-needed compensation. To learn more about your legal rights, and how they may have changed since the law has changed, talk to a knowledgeable Oakland employment attorney.

In the past, many courts have required that the victimized worker prove that the harassment she/he endured was either severe or pervasive. That standard, the California Employment Lawyers Association concluded, was not sufficient, which led it to advocate for S.B. 1300. Too many times, advocates for the bill argued, the old standard allowed harassers to escape responsibility, and victims were closed off from compensation for their damages, because the incident was isolated. This new law is designed to wipe out that “one free grope” rule.

The new law bars employers from requiring their employees to sign certain agreements in exchange for raises or continued employment. The types of agreements covered under this provision of the law included agreements to release claims under the Fair Employment and Housing Act and “gag” agreements that prevent victimized workers from disclosing illegal acts that they suffered in the workplace.

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For many people, applying for a job is a relatively stressful process, and sometimes starting a new job can be, too. Imagine in the midst of these stresses being asked to sign a document written in a language you don’t read or speak. For some Spanish-speaking workers in California, that is what happens to them when they seek or start a new job. If you sign an agreement to arbitrate your employment disputes as part of the application or “new hire” processes that is written in a language you don’t understand, you may not be able to assert that that language barrier created a lack of mutual assent and therefore a lack of a valid contract. You may, however, have other avenues to assert that the foreign-language arbitration agreement you signed is not enforceable. If you find yourself in this type of scenario in your discrimination or wrongful termination lawsuit, you should be sure you have skilled California employment counsel representing you in your case.

The above general scenario is essentially what happened in M.M.’s case. M.M. had worked at a nursing home as a certified nursing assistant for five years when she filed a complaint against her employer. Among other things, the CNA alleged that her employer had engaged in disability discrimination and constructive wrongful termination. In response, the employer sought to take the dispute out of the courts and move it into an arbitration hearing. The employer argued that it was entitled to arbitration because it and the CNA had signed an agreement, as part of her employment application, agreeing to arbitrate all disputes that arose in relation to M.M.’s employment. M.M. also signed two subsequent documents in which she agreed to be bound by the employer’s “Alternative Dispute Resolution Policy,” which included arbitrating all employment disputes.

The CNA’s argument was that the agreement was not valid. Specifically, she asserted that she read and spoke Spanish, did not understand spoken or written English, and never received a copy of any of the arbitration agreement documents in Spanish. Because she allegedly never understood any of the arbitration agreement documents she signed, she argued that there was no “meeting of the minds” that is necessary for a valid and enforceable contract. She also argued that enforcing the agreement was unconscionable because the entity seeking to enforce the agreement did not sign the document. (The entity took over control of the operations at the facility where M.M. worked three years after she started in 2011).

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As this blog mentioned in June, the state of California has enacted new regulations to strengthen further its public policy commitment to stamping out illegal discrimination, both in housing and in workplaces. The regulations that took effect this past July 1 dealt with one particular form of discrimination: that based on national origin. One of the key aspects of these new regulations expanding the definition of what constitutes national origin discrimination dealt with speech and language. The new rules did not stop there; they went further and provide California workers various avenues for proving that national origin discrimination occurred in their workplace. If you think you’ve been the victim of national origin discrimination on your job, you should take decisive action and reach out to a knowledgeable California discrimination attorney to learn more about the options in your case.

The regulations dealt a variety of hallmarks of national origin discrimination. One was employers’ creation of “English-only” workplace policies. While the policies did not discriminate against any group on their face, the impact was clear. Just like how facially neutral policies like literacy tests had the result of disenfranchising African-American voters in the “Jim Crow” South, these English-only policies had the impact of keeping people of certain national origins out of various workplaces.

Other employers took adverse employment actions against people based only their language accent or dialect. Similar to the “English-only” policies, these rules had the impact of disproportionately harming people of certain national origins for whom English is a second language. In both the cases of language rules and accent rules, the law does not say that the employer can never establish such rules. However, if the employer does create such a rule, the employer must demonstrate that the policy requirement is a business necessity. In 2011, the California courts ruled against Spanish-speaking employees in a case of a “no Spanish at work” rule. The employer only won its case, however, because it had proof that the bilingual employees were using their native tongue to demean other non-Spanish speaking employees and the policy was necessary to stamp out this misconduct.

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Most people probably understand that there is federal law and state law and that the two are distinct. What does that mean on a practical level for you? For one, just because you don’t have an employment law case under the federal law, that doesn’t necessarily mean that you automatically don’t have a case under California law. That includes things like disability discrimination law, as the case of one Southern California personal trainer recently illustrated. What you can take away from this case and those like it is that the law has many subtleties, nuances and distinctions and, if you’ve been hurt at work and your employer failed to reasonably accommodate your condition or took an adverse employment action because of your disability, you may have a case for compensation under state law, if not federal law. Contact an experienced California disability discrimination attorney to find out more about your options.

The disabled worker in this case (Court of Appeals Case No. No. B266534) was D.M., whom a gym in the San Fernando Valley hired to work as a personal trainer in 2012. Nine months after starting, D.M. dropped a 45-pound weight on his feet. Out of a sense of professionalism, the trainer didn’t yell or swear. D.M. tried to walk off the injury, but the pain was too severe. Despite extreme pain, the trainer did not miss work, due to his desire to show dedication to his employer. Others, though, including the gym’s general manager, could see the trainer walking with a limp.

Two weeks after the injury, the gym terminated D.M.’s employment. The gym contended that it fired the trainer for failing to meet certain performance goals. The trainer asserted that the employer impermissibly discriminated against him based upon his disability. The employer initially won, with the trial court awarding summary judgment in its favor. The trial judge stated that the trainer did not have evidence of a disability that limited him from working or participating in any other major life activity.

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When you are the victim of workplace harassment, wrongful termination, or both, you may suffer certain tangible financial harm as a result, in the form of lost earning. Lost wages, however, may be only a fraction of the total damages that can be available in your case. You may also be able to collect emotional distress damages and, if your employer acted maliciously, you may be entitled to collect punitive damages. In the end, the totality of your damages may be many, many times over the amount of your lost wages, as was the case for one Alameda County storage facility worker. To make sure you get all the damages to which the law says you’re entitled, make sure you have an experienced California employment attorney representing you.

The employee, E.O. worked at a self-storage facility owned by D.B. In late 2011, E.O.’s employment ended. The employee sued, alleging multiple forms of compensable improper conduct by her employer, including sexual harassment, pregnancy discrimination, wrongful termination and failure to pay overtime.

According to the employee’s lawsuit, the owner, after discovering the employee’s pregnancy, called her into his office and yelled at her for a prolonged period of time. The yelling included disparaging statements about the size that E.O.’s belly would be in a few weeks, as well as the prospect of her breastfeeding her child in the future. Shortly after that, the owner greatly reduced E.O.’s hours.

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Sometimes, success in your premises liability lawsuit isn’t about taking a case to trial and obtaining a jury verdict in your favor. While that is certainly one way to achieve success, a winning outcome may also come via settlement. With a sufficiently large settlement payment, you can benefit in two ways. You get the money that you require to pay your bills and get back on your feet. Additionally, you obtain that money in a quicker, more efficient way, avoiding the stress and time that often go with taking a case all the way to trial and through to a verdict. Determining whether you should settle your injury case or continue litigating is just one of the ways that knowledgeable advice from a skilled California premises liability attorney can benefit you.As an example of a successful settlement, look at the case of H.B., as reported by the Los Angeles Times. H.B. was a woman out enjoying the festivities of New Year’s Eve in Los Angeles in 2014. In the course of H.B. and her friends’ revelry, she accepted a “piggyback” ride from a male companion as they traveled to a dance club just before midnight. As the man transported H.B. down North Cherokee Avenue in Los Angeles, he tripped. This sent H.B. crashing down. She hit her head and suffered serious injuries.

If you find yourself in a situation like the situation that H.B. encountered, you might have an impulse not to take legal action and seek compensation for the harm you suffered. After all, you weren’t exactly walking methodically down the sidewalk when the accident happened. You and your friend were two adults, one of whom was riding atop the other piggyback-style. Doesn’t this prevent you from winning your case?

The answer is no, it does not, as H.B.’s outcome illustrates. The city, by the way, did advance such an argument. According to the Times, it contended that H.B. got hurt as a result of her own negligence. In your premises liability case, if your opponent can prove that you did something improper (or failed to do something that you reasonably should have done), that property owner may be entitled to a judgment that you were at fault for your accident and injuries. If a defendant successfully makes that argument in a motion for summary judgment, that ends your case before you even get to trial.

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