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San Francisco Employment Law Blog

Was I wrongfully terminated from my job?

There are many protections in place for workers when it comes to being fired from their job. It is important for a stable and successful society for employees to have some degree of job security. Therefore, while it is still possible to get fired from your place of work, employers need to have a good reason for this. There has a trend in the last couple of years that has seen many workers take their former employers to court and win their case.

This blog will provide a brief introduction into wrongful termination claims and how it is possible to make a successful claim if you have been fired illegally.

The question of whether to sue for family leave discrimination

Family leave is something that both men and women have a legal entitlement to. However, it can be a touchy subject in the workplace, with many employees feeling directly or indirectly pressured to avoid it and work regardless of their need to care for their family. They may feel that they are at risk of being fired, demoted or refused promotion due to taking family leave, or they indeed might believe that they have experienced retaliatory actions against them due to them taking or requesting family leave.

The Center for Worklife Law at the University of California's Hastings Law School has analyzed the trends when it comes to litigation and family leave. They have seen a substantial increase of people choosing to sue their company over these matters, and what's more, winning their case with damages. So, when is it time to sue?

How to know if you have a sexual harassment case

Sexual harassment at work can be a very unpleasant experience, and one that can make employees feel ashamed or embarrassed. You may also feel as though by taking action, you are making a big deal out of nothing. But this is not the case. If you have been feeling uncomfortable at work due to a colleague's sexual advances, the chances are that you have a reason to make a sexual harassment claim.

This blog will provide a brief overview into what is classified as sexual harassment in the workplace, and what you should do if you have experienced such behavior.

When is employer retaliation unlawful?

The Equal Employment Opportunity Commission (EEOC) has laws that state that it is not permissible for employers to punish job applicants or employees for certain reasons. These reasons can include discrimination and harassment against an applicant or employee.

This blog will provide a brief overview on what situations constitute unlawful employee retaliation, and how to know if you should make a claim.

Facing sexual harassment at work? Take these five steps

If you are forced to listen to demeaning, gender-based jokes, your supervisor is demanding sexual favors in exchange for a promotion, or you are suffering from any other type of sexual harassment at work, you may feel helpless. You may believe that there is nothing you can do to change the situation or put an end to the harassment.

This is not true. Both federal law and California state law give you rights in the workplace, and it is possible to assert those rights. To do so effectively, however, it is wise to take certain steps. An article in Forbes outlines some of the most important ones:

Have you hit a glass ceiling in your career?

You’re smart. You’re hard-working. You’re dedicated … and yet your career has inexplicably stalled. You keep getting passed over for promotions and executive roles, no matter your qualifications or record of contributions to the company. What’s going on?

It’s possible that you have hit a “glass ceiling” in your industry, limiting your advancement and thwarting your career goals simply because of your gender.

Disperate Impact and discrimination

The Equal Employment Opportunity Commission (EEOC) was put in place to prevent discrimination in hiring processes in the United States. This blog will offer a brief overview of the work that the EEOC does to create equal opportunities for all workers, and what has been done to tackle discrimination that is embedded in the system.

During the 1960s, the vast majority of charges filed were involving race discrimination. This was in situations such as hiring and promotion. Through the EEOC's experience of these trials, the commission saw that there were not all intentional and overt acts that consciously discriminated against black workers.

Wrongful termination at Google?

Last week, a 28-year-old Google employee, graduate of Harvard's doctorate program in systems biology, wrote a memo about his opinions on gender diversity at the company. The memo enraged many of his colleagues and the wider audience that read his post.

The memo, entitled "Google's Ideological Echo Chamber" tried to put forward that part of the reason why there are fewer women in engineering and leadership positions at the company was because of "personality differences" between genders, such as women having a lower tolerance for stress. He argued overall that any diversity tactics or approaches were bad for business and bad for the company.

The difference between office flirting and sexual harassment

Work in fast-paced office environments can often mean that you have close relationships with your colleagues. It may mean that as well as working together intensely, you also enjoy humor, some level of friendship and socializing together. In some situations, colleagues may flirt or act in a way that may make you uncertain of whether they have other intentions.

Some behavior of colleagues or even a boss may make you uncomfortable, but how do you know whether it crosses the line onto sexual harassment? This blog will provide a brief overview on what to do if you think a situation is in danger of getting out of hand.

When can family and medical leave be taken?

The Family and Medical Leave Act (FMLA) is a right for workers to be able to take unpaid leave for up to 12 weeks with no risk to their job security. FMLA leave is only available in certain circumstances, however.

This blog will give a brief overview on what reasons are valid in order to take FMLA leave.

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