Answers Posted By Karl Gerber
You should consult privately with somebody on this issue. Your health is a private matter, and the answer is going to be legal advice so it is best if it is not posted.
answer to Is this legal termination? posted Mar 12, 2010 12:05 AM [EST]
answer to Is this legal termination? posted Mar 12, 2010 12:05 AM [EST]
What form of discrimination are you experiencing? Discrimination may be actionable if it is based upon age, sex, race, disability, pregnancy, etc.
Retaliation is actionable if it is based upon asserting protected rights by statute. The California courts have seriously tightened what retaliation is. Being assigned to another office or desk is not. I had a case where the judge said requiring a cashier to sweep the parking lot and clean the bathrooms when janitors usually did that job was not retaliation. A serious detriment in job status, or pay is probably required to be retaliation if the retaliation is based upon something protected by statute.
General workplace hostility and mean behavior may be worker's compensation under certain circumstances.
The issues you raise should be dealt with via a private conversation with an attorney due to the attorney client privilege.
answer to How can you protect yourself from being falsely accused of breach of confidentiality posted Feb 13, 2010 8:12 PM [EST]
Retaliation is actionable if it is based upon asserting protected rights by statute. The California courts have seriously tightened what retaliation is. Being assigned to another office or desk is not. I had a case where the judge said requiring a cashier to sweep the parking lot and clean the bathrooms when janitors usually did that job was not retaliation. A serious detriment in job status, or pay is probably required to be retaliation if the retaliation is based upon something protected by statute.
General workplace hostility and mean behavior may be worker's compensation under certain circumstances.
The issues you raise should be dealt with via a private conversation with an attorney due to the attorney client privilege.
answer to How can you protect yourself from being falsely accused of breach of confidentiality posted Feb 13, 2010 8:12 PM [EST]
It sounds like the contract expired. If the employer still wants to offer you severance maybe they will if they fear a lawsuit. Is there something about the termination that was illegal?
Does the severance waive anything you don't want waived?
This is not a simple yes or no question about an expired severance. It is important that you do the right thing here based upon what legal rights you may have.
With a lawyer they may re-visit the expired severance if that is still what you want to do, and then the lawyer can see if the contract is right and whether you have other rights.
answer to Can I sign a severance agreement after expressing a desire to renegotiate the terms? posted Jan 19, 2010 12:38 AM [EST]
Does the severance waive anything you don't want waived?
This is not a simple yes or no question about an expired severance. It is important that you do the right thing here based upon what legal rights you may have.
With a lawyer they may re-visit the expired severance if that is still what you want to do, and then the lawyer can see if the contract is right and whether you have other rights.
answer to Can I sign a severance agreement after expressing a desire to renegotiate the terms? posted Jan 19, 2010 12:38 AM [EST]
Don't secretly save phone numbers. Secretly recording information that comes into your employer's possession is grounds for a lawsuit. I especialy do not like you recording private information sent (I am not even sure to you).
Keeping notes to build a case against your employer in case something happens down the line that you do not like is sort of like extortion. Not a good idea.
Don't be an aider or abetor in this practice though. What your boss is doing is wrong. You can confront your boss in writing, but be prepared for the consequences. You could also constructively help your boss "research" issues relating to equal opportunity employment so he becomes aware what he is doing is wrong and you know it is wrong.
answer to I am constantly witnessing discrimination from my boss, is there anything I can do as a witness? posted Nov 2, 2009 12:20 AM [EST]
Keeping notes to build a case against your employer in case something happens down the line that you do not like is sort of like extortion. Not a good idea.
Don't be an aider or abetor in this practice though. What your boss is doing is wrong. You can confront your boss in writing, but be prepared for the consequences. You could also constructively help your boss "research" issues relating to equal opportunity employment so he becomes aware what he is doing is wrong and you know it is wrong.
answer to I am constantly witnessing discrimination from my boss, is there anything I can do as a witness? posted Nov 2, 2009 12:20 AM [EST]
Your question is very fact specific. There are legal options you have, but there are also practical issues being that you still work there. You need to discuss this in private with an attorney.
If you are ready to take legal action, remain employed, or sever your employmemt feel free to contact me. I get involved in cases when employees make the decision to take legal action.
There are other lawyers who might be willing to listen and offer advice for a price which is also an option.
Karl Gerber 877-525-0700
answer to Harrassed by a co-worker, what can I do? posted Oct 17, 2009 02:03 AM [EST]
If you are ready to take legal action, remain employed, or sever your employmemt feel free to contact me. I get involved in cases when employees make the decision to take legal action.
There are other lawyers who might be willing to listen and offer advice for a price which is also an option.
Karl Gerber 877-525-0700
answer to Harrassed by a co-worker, what can I do? posted Oct 17, 2009 02:03 AM [EST]
There are numerous Labor Code violations from what you report. Any employee who is fired for complaining about the conditions you outline could sue for wrongful termination.
Is this the same company where the boss has a prostitute come in a few days a week? How many people work at this place and what kind of a business is it?
answer to Can a boss pay employees cash for per deim? posted Sep 4, 2009 01:48 AM [EST]
Is this the same company where the boss has a prostitute come in a few days a week? How many people work at this place and what kind of a business is it?
answer to Can a boss pay employees cash for per deim? posted Sep 4, 2009 01:48 AM [EST]
You should seek private legal advice on this. I am not sure what your position at the company is, and whether you could be liable for a fraudulent business expense. Obviously fraudulent tax write-offs are illegal.
answer to Boss has prostitute on payroll. How does that work? Or does it? posted Sep 4, 2009 01:45 AM [EST]
answer to Boss has prostitute on payroll. How does that work? Or does it? posted Sep 4, 2009 01:45 AM [EST]
Here are some general comments about severance I would like the public to know because there are major mis-conceptions.
I can say this, in California there is no legal right to severance unless you have a contract stating so.
It is my experience that it is fairly difficult to negotiate severance if the employer does not offer it first. Only if there is a great potential case are employers likely to couch a settlement as severance, or engage in an active severance negotiation. If there is a great case you may do better by suing so negotiating severance may be a poor decision for the employee. Until the court system is utilized almost all employers do not consider the employee or their lawyer to be serious about taking legal action.
In today's marketplace with lots of layoffs, I am not sure the corporate mood is to respond to requests for severance, or to negotiate what has been offered.
answer to Can I negotiate a severance package if I am being forced to report to a manager who made slanderous statements about me during my leave of absence? posted Aug 6, 2009 12:47 AM [EST]
I can say this, in California there is no legal right to severance unless you have a contract stating so.
It is my experience that it is fairly difficult to negotiate severance if the employer does not offer it first. Only if there is a great potential case are employers likely to couch a settlement as severance, or engage in an active severance negotiation. If there is a great case you may do better by suing so negotiating severance may be a poor decision for the employee. Until the court system is utilized almost all employers do not consider the employee or their lawyer to be serious about taking legal action.
In today's marketplace with lots of layoffs, I am not sure the corporate mood is to respond to requests for severance, or to negotiate what has been offered.
answer to Can I negotiate a severance package if I am being forced to report to a manager who made slanderous statements about me during my leave of absence? posted Aug 6, 2009 12:47 AM [EST]
Every employee is protected by certain anti-discrimination laws. However, anti-discrimination laws apply to protected characteristics such as age, sex, race, disability, pregnancy, national origin, sexual orientation, ancestry, religion, and then some unusual ones like women wearing pants and Vietnam Veteran's Status.
Being a member of a certain job classification is not protected status. An employer can have formal corrective action plans for certain job classifications and not others. For instance, executive management is not likely to be rated with 1-5 ratings based upon attendance while an hourly employee may.
However, if there is a disproportionate impact on a protected class due to a disciplinary standard or a test as in the recent case with white fire fighters, the application of a personnel policy cannot have a disparate impact on that group.
For example, if all of the women in the company were secretaries and they could only get raises if they never came in late, and all of the men who were accounting clerks never received reviews and could come in late there could be an accusation of discrimination based upon job titles because punctuality was key for women but not mean. This is disparate impact.
answer to Termination posted Jul 28, 2009 12:58 AM [EST]
Being a member of a certain job classification is not protected status. An employer can have formal corrective action plans for certain job classifications and not others. For instance, executive management is not likely to be rated with 1-5 ratings based upon attendance while an hourly employee may.
However, if there is a disproportionate impact on a protected class due to a disciplinary standard or a test as in the recent case with white fire fighters, the application of a personnel policy cannot have a disparate impact on that group.
For example, if all of the women in the company were secretaries and they could only get raises if they never came in late, and all of the men who were accounting clerks never received reviews and could come in late there could be an accusation of discrimination based upon job titles because punctuality was key for women but not mean. This is disparate impact.
answer to Termination posted Jul 28, 2009 12:58 AM [EST]
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