Lawless & LawlessLawless & Lawless2024-03-02T05:44:21Zhttps://www.lawless-lawless.com/feed/atom/WordPress/wp-content/uploads/sites/1201334/2020/03/cropped-site-identity-32x32.pngOn Behalf of Lawless, Lawless & McGrathhttps://www.lawless-lawless.com/?p=508552024-02-27T05:44:35Z2024-03-02T05:44:21ZWhat is the American Disabilities Act?
The ADA is a federal law enacted to prohibit employment discrimination against people with disabilities. It also applies to public accommodations, transportation and other areas of daily life. This act provides additional protections for employees with disabilities alongside California's state laws.
Under the ADA, employers in California can not discriminate against qualified individuals with disabilities. This law applies to all aspects of employment. It covers hiring, firing, promotions, job assignments, training and benefits. You have the right to equal opportunities for employment and advancement, regardless of your disability status.
What are some key provisions of the ADA?
It is important to know the rights this law provides. Some components include:
Reasonable accommodations: This refers to any modification or adjustment to the work environment or job duties that allow a person with a disability to perform the essential functions of their job. Examples of accommodations include modified work schedules, assistive technology or adjustments to workspace layout.
Accessibility in the workplace: This requirement includes physical accessibility such as wheelchair ramps, accessible parking spaces and accessible restrooms. It also incorporates the right to digital accessibility for websites and electronic communications.
Protection against retaliation: Your employer can not take adverse actions against you when you assert your rights or advocate for accommodations. The law prohibits retaliation acts such as termination, demotion or harassment.
Understanding the provisions of the ADA helps you stand up for your rights when necessary. Knowing the laws can secure an equitable work environment for yourself and others with disabilities.]]>On Behalf of Lawless, Lawless & McGrathhttps://www.lawless-lawless.com/?p=508542024-02-08T06:23:30Z2024-02-14T06:23:11ZAn overview of age discrimination
Age discrimination occurs when an employee receives unfavorable treatment due to their age. Unfortunately, middle-aged workers are particularly vulnerable to this type of discrimination. They may experience subtle biases, missed promotions and reduced job opportunities. Some even experience wrongful termination.
Several factors contribute to age discrimination against middle-aged workers. First, stereotypes and misconceptions about older employees can lead to false assumptions that they are less adaptable. Some wrongly assume they are less productive or less capable of learning new technologies. Additionally, employers may have a preference for younger workers. This could be due to perceived lower salary expectations or a desire for a more youthful image.
Reviewing wrongful termination
Wrongful termination occurs when a company fires an employee without just cause, including age discrimination. This can be emotionally and financially devastating, especially in a competitive job market. Fortunately, legal protections exist to safeguard middle-aged workers from losing their jobs because of how old they are. According to the Equal Employment Opportunity Commission, the Age Discrimination in Employment Act is a federal law that prohibits age discrimination against employees aged 40 and above. This applies to organizations with 20 or more employees.
By understanding their rights and documenting incidents, middle-aged workers can address wrongful termination and other types of mistreatment. Together, employees and employers can combat age discrimination and create a more equitable workplace for everyone.]]>On Behalf of Lawless, Lawless & McGrathhttps://www.lawless-lawless.com/?p=508532024-01-30T05:11:13Z2024-02-03T05:10:48ZNavigating emotional turmoil
Victims may find it difficult to trust others or experience heightened levels of fear of future harm. The emotional turmoil can extend to difficulty concentrating, impacting academic performance and personal relationships. Those supporting survivors must recognize and validate these emotions. Foster an environment where victims feel heard and understood.
Impact on mental well-being
The mental health impact of sexual harassment extends beyond immediate emotional distress. Many survivors experience symptoms of post-traumatic stress disorder, including:
Flashbacks
Nightmares
Hypervigilance
Sleep disturbances become common, leading to fatigue and irritability. Depression and anxiety may take root, affecting day-to-day functioning. Moreover, survivors often grapple with a sense of isolation, feeling detached from others who may not fully comprehend the depth of their trauma.
Building a support system
Recovery from the mental health challenges posed by sexual harassment is a gradual process. Survivors require a robust support system. Friends, family and mental health professionals play pivotal roles in creating a safe space for individuals.
Developing an environment of empathy and understanding, contributes to the healing journey of survivors, helping them reclaim control over their mental well-being.]]>On Behalf of Lawless, Lawless & McGrathhttps://www.lawless-lawless.com/?p=508522024-01-18T08:53:09Z2024-01-23T08:52:51ZThe benefits of paid family leave
Paid family leave refers to a policy that grants employees the ability to take time off from work while receiving a portion of their regular pay. It supports individuals who need to care for a new child, bond with a newly adopted child or care for a seriously ill family member. By providing financial stability during these moments, paid family leave enables employees to prioritize their family's well-being without facing undue stress or financial strain.
California employees should review the laws and regulations surrounding paid family leave in this state. The Employment Development Department states that paid family leave provides high-income employees with roughly 60% of their salary. Low-income employees receive about 70% of their salary.
How to pursue paid family leave
Employees must discuss their intentions with their employer when they need paid family leave. They should go over the company's policies and procedures regarding time off and family leave. Next, they should schedule a meeting with their supervisor or human resources department to discuss the situation openly. Throughout the process, it is necessary to maintain thorough documentation. This includes emails, memos and any agreements made regarding leave. This documentation can serve as evidence of the request and can be useful if any disputes arise later.
Taking time off and receiving paid family leave is not only a right but is also a necessity for employees who must balance their work and personal lives. After all, an employee’s well-being and that of their family are just as important as their work commitments. Exercising one’s rights can lead to a healthier work-life balance for everyone involved.]]>On Behalf of Lawless, Lawless & McGrathhttps://www.lawless-lawless.com/?p=508512024-01-03T08:36:40Z2024-01-08T08:36:06ZPersonal life vs. professional image
As an employee, it is natural to assume that what you do in your free time is your own business. However, the reality is more nuanced. Employers may argue that off-duty conduct can reflect on the company's reputation, affecting its brand image. This is especially true in an interconnected world, where social media blurs the lines between personal and professional life.
Social media scrutiny
In an era dominated by social media, employees find themselves under constant scrutiny. Your posts, comments and shares may not be as private as you think. Employers often keep a keen eye on social media platforms, making judgments about your character and values based on your online presence. While this may seem invasive, it underscores the importance of maintaining a thoughtful online persona.
Workplace policies
Many employers have codes of conduct that extend beyond the workplace. Employees are often expected to adhere to certain standards even during their free time. Familiarizing yourself with your company's policies can be important in understanding the boundaries set by your employer. Violating these policies may result in disciplinary action, including termination.
With California's unemployment rate sitting at 4.8% in October 2023 coupled with the price of living increasing, a termination can have long-lasting effects. While the line between personal life and professional repercussions can be thin, employees have rights that protect them from arbitrary and unjust termination.]]>On Behalf of Lawless, Lawless & McGrathhttps://www.lawless-lawless.com/?p=508502023-12-18T08:30:25Z2023-12-21T08:29:53ZEvaluate the severance pay
One of the primary aspects of a severance agreement is the severance pay. This is typically a lump sum or a series of payments given to the employee upon leaving. To determine if the pay is fair, consider factors like the length of your employment, your job role and the circumstances of your departure. Compare your offer with industry standards and the employer’s history of severance packages.
Other benefits and terms
Other benefits like extended health insurance, outplacement services or compensation for unused vacation days can add value to your package. Be sure to review these terms. Also, be aware of any restrictive clauses like non-compete or non-disclosure agreements, as these can affect your future employment opportunities.
Negotiate the agreement
If you feel the severance package is not fair, remember that it is often negotiable. You can discuss the terms with your employer, especially if you have a strong case based on your tenure, role or contributions to the company. Negotiating can be a delicate process but can lead to a more favorable outcome.
Determining the fairness of a severance agreement from your job requires careful evaluation of all its terms. Taking the time to understand and negotiate your severance agreement can significantly impact your immediate financial situation and your future career prospects.]]>On Behalf of Lawless, Lawless & McGrathhttps://www.lawless-lawless.com/?p=508492023-12-07T06:41:47Z2023-12-13T06:41:15Z1. How can an employee initiate the accommodation process?
To begin the accommodation process, employees should inform their supervisor or the designated contact person in the company. This opens the door for an interactive process in which the employer works with the employee to understand their needs and determine suitable accommodations.
2. What is the legal framework for reasonable accommodations?
California law mandates employers to provide reasonable accommodations unless it poses an undue hardship. Employers must engage in a collaborative, good-faith interactive process. They may request relevant medical documentation to understand the nature of the disability.
3. What benefits do reasonable accommodations offer in the workplace?
Reasonable accommodations contribute to employee retention by fostering loyalty, reducing turnover and decreasing recruitment costs. They also enhance overall workplace productivity by enabling employees to perform at their best. Additionally, creating an inclusive workplace promotes diversity and contributes to a dynamic work environment.
4. Why is collaboration important in the accommodation process?
Collaboration allows both employers and employees to work together in good faith. This ensures the identification of effective solutions that meet the needs of the individual while considering the practicalities of the business. The process aims to create a positive and inclusive work environment for all.
While the concept of accommodations may seem complicated, a recent survey noted that nearly 50% of workplace accommodations cost under $300 or no money at all.]]>On Behalf of Lawless, Lawless & McGrathhttps://www.lawless-lawless.com/?p=508472023-11-16T07:35:11Z2023-11-22T07:34:38ZReview company policy
Educate yourself about the company's sexual harassment policy. Familiarize yourself with the organization's guidelines for reporting incidents. Examine the steps the company will take to address complaints. Knowledge empowers you to take swift and informed action when harassment occurs.
Define clear boundaries
Establishing personal boundaries can help prevent and address sexual harassment. Be assertive in communicating your comfort level with colleagues. Make it known when someone's behavior crosses those boundaries. Consistently uphold your expectations for respectful interaction.
Speak up when the behavior occurs
If you experience or witness inappropriate behavior, address it promptly. Speak up against comments or actions that make you uncomfortable. Directly express your concerns, emphasizing the importance of maintaining a respectful workplace.
Document every incident
Maintain a record of any incidents or conversations related to sexual harassment. Document dates, times, locations and details of the incidents. This documentation provides valuable evidence if you must make a formal report.
Use available reporting channels
Most organizations have designated pathways to report sexual harassment. Follow the established process to inform the appropriate individuals about the incident. You should document your concerns with your supervisor and with the human resources department.
Seek support from colleagues
If you feel comfortable doing so, talk to trusted colleagues for support. Discussing your experiences with others can help you handle this challenging situation. It may encourage them to speak up if they have seen similar behavior. Strength in numbers can contribute to a more united front against harassment.
Prepare to escalate if necessary
If your initial attempts to address the situation prove ineffective, you may need to take further action. Follow your company's established escalation procedures. If necessary, seek guidance from higher management or relevant authorities. The federal Equal Employment Opportunity Commission handled more than 27,000 sexual harassment complaints from 2018 to 2021.
Dealing with sexual harassment can be emotionally challenging. If you face this situation, protect your well-being with a strong support system. You may also want to seek help from a mental health professional.]]>On Behalf of Lawless, Lawless & McGrathhttps://www.lawless-lawless.com/?p=508462023-11-13T06:34:05Z2023-11-17T06:33:29Z1. Discrimination and retaliation
Wrongful termination often happens due to discrimination or retaliation. Under California law, it is illegal for employers to terminate employees based on characteristics such as race, gender, age, disability, religion or sexual orientation. Similarly, retaliation against an employee for reporting workplace discrimination, harassment or participating in investigations is strictly prohibited. In FY 2020, 55.8% of all charges filed with the Equal Employment Opportunity Commission
2. Breach of employment contract
Another important element to consider is whether the termination involved a breach of your employment contract. California is an at-will employment state, meaning employers can terminate employees for any reason, except if there is a contract in place. If you had an employment contract specifying the terms and conditions of your employment, a breach of that contract could be grounds for a wrongful termination claim.
3. Violation of public policy
If your termination goes against a fundamental public policy of the state of California, you may have a strong case. This could include termination for refusing to participate in illegal activities or for taking legally mandated leave, such as jury duty or family medical leave.
4. Constructive discharge
In some cases, employees may not be directly terminated but forced to resign due to intolerable working conditions, known as constructive discharge. To establish this element, you must prove that your working conditions were so unbearable that any reasonable person would have no choice but to resign.
Wrongful termination cases require the careful examination of key elements to help you strengthen your case and seek justice for the unjust loss of your job.]]>On Behalf of Lawless, Lawless & McGrathhttps://www.lawless-lawless.com/?p=508452023-10-27T09:39:12Z2023-11-01T09:38:52ZAccommodations for pregnant workers
The main purpose of the Pregnant Workers Fairness Act is to ensure that pregnant employees receive reasonable accommodations at work. This means that if a pregnant worker faces limitations due to her pregnancy, employers must provide necessary adjustments to allow the employee to perform her job.
The Act defines “reasonable accommodations” as modifications or adjustments that allow pregnant employees to continue working without risking their health or the health of their unborn child. Such accommodations may include adjusted work hours or improved seating. They might also include more frequent breaks or changes to job duties.
Protection from discrimination
Under this law, it is illegal for employers to discriminate against pregnant workers due to pregnancy or the need for reasonable accommodations. Employers also cannot take adverse actions due to a pregnancy or pregnancy-related request for accommodations. They cannot, for example, fire or demote an employee due to pregnancy.
Protection from retaliation
The Pregnant Workers Fairness Act also prohibits employers from retaliating against pregnant employees who take certain steps. Employers may not take adverse action against workers who request accommodations. They also may not retaliate against workers who assert their rights under the law.
Estimates suggest that about 70% of American women work during the year they become pregnant. Thus, the Pregnant Workers Fairness Act affects and applies to a significant part of the workforce.]]>