Articles Posted in Uncategorized

A recent California Supreme Court decision is being both lauded and criticized for extending rights to undocumented workers. The recent decision gives legal protection to immigrant workers who have suffered from illegal discrimination or pay violations, even for those who have illegally used fake documentation or falsified Social Security numbers to obtain employment. Though advocates for worker rights see the case as a breakthrough, it may not be fully exercised, as many immigrant workers are likely to fear bringing a discrimination lawsuit against an employer. For these workers, revealing illegal documentation may be a deterrent for filing a lawsuit, even if they do have legal rights against discrimination.

worker-grinding-1219597-m
Though immigrants may not be willing to bring lawsuits, the Supreme Court decision could prevent future employers from taking advantage of those workers who do not have green cards. Our employment law attorneys in Orange County are committed to protecting the rights of workers. If you believe you have suffered from discrimination, we will take the time to review the facts of your case, identify your legal options, and pursue your rights. Discrimination in California is illegal and all workers have the right to pursue legal action against their employers.

One of the concerns with undocumented workers is that they will be exploited and that employers will never be held accountable for illegal activity. This decision helps to protect workers and can prevent future abuse by making lawsuits tenable. Some employers have denied pay and abused immigrant workers because they know the workers will not file a suit. Now, this may not be the case. The decision and current position of the law aims to prevent abuses and to give undocumented workers leverage against employers.

Sexual harassment can be directed at employees of any gender or sexual orientation. Most commonly, we hear of male employers or managers who have made sexual advances on a female employee, but sexual harassment can also involve more complicated relationships between parties. In a recent case, an executive at Yahoo Mobile has been accused of making unwanted and inappropriate sexual advances against another female employee. The case was filed this summer by the former employee who had started at Yahoo in the fall of 2013.

businesswoman2The “quid pro quo” case centers on the unwanted sexual advances in exchange for employment benefits, alleged threats of adverse employment action, and eventually, termination. Our Orange County employment law attorneys are experienced in representing individuals who have been victimized by sexual harassment. We understand the immediate and long-term consequences that a sexual harassment incident or incidents can have for the victim. Our priority is helping you protect your rights and work towards a just resolution, either through settlement or verdict.

According to reports, the female worker was employed as a principal software engineer in the company and worked directly for the executive. The plaintiff says that the executive made sexual advances and promised her a “bright future” at the company if she agreed to have sex. Her boss also threatened to take her job and stock options away if she didn’t have sex. In addition to the sexual harassment claim, the employee is also filing for wrongful termination after she received poor performance reviews because she stopped having sex with the executive.

Some workplaces are more conducive to sexual harassment. Bars, restaurants, and other high turnaround environments teeming with young and vulnerable workers are ripe for abuse. Issues of sexual harassment can also be complicated by a culture of highly sexualized interactions in many restaurant environments. In a recent Hollywood case, a former Real Housewives star, Lisa Vanderpump was ordered to pay $100,000 in a sexual harassment case brought by a waitress who formerly worked at her restaurant, Villa Blanca.sad-girl-1-1166626-m

According to reports, the waitress filed a lawsuit after she was physically touched and “manhandled” by another member of the staff. Our Orange County sexual harassment attorneys are dedicated to providing strategic counsel and advocacy to individuals who have suffered from sexual harassment in the workplace. We understand the complicated and sensitive nature of these cases and will pursue every avenue of recovery while remaining mindful of your personal and professional reputation. In addition to representing our clients, we are also abreast of trending legal issues and in raising awareness to prevent sexual harassment in the workplace.

The lawsuit rendered a jury verdict of $100,000 in punitive damages as a result of the physical sexual harassment. An attorney on behalf of the defendant-restaurant owner announced that they were shocked over the verdict and are planning to file an appeal. According to reports, the plaintiff was awarded compensatory damages, but the waitress was also allowed to pursue punitive damages because the jury found that the restaurant acted with malice. Though surprised by the award of punitive damages, the waitress was pleased with the verdict.

Sexual harassment is a widespread problem in a range of employment settings, but it can also take place in the university. State and federal laws protect victims of sexual harassment and institutions can be held accountable for failing to take action. According to CNN, federal investigators have been scrutinizing 55 colleges and universities nationwide to determine if they illegally mishandled sexual harassment and violence complaints. The U.S. Department of Education has announced that the investigations includes colleges and universities in 27 states and in D.C.

atworkPrivate and public institutions can be held liable for sexual harassment. Whether the victim is one student or the institution has a record of discriminatory practices or policies will determine the ultimately liability. Our Orange County sexual harassment attorneys are dedicated to protecting victims and to preventing future cases. We will take a strategic and informed approach to any allegation, determine the best course of action, and take aggressive steps to help victims achieve justice.

In the university investigations, federal agencies assert that they are looking to create transparency in the system to improve future response actions. The agency has also released the names of the universities which are under investigation to improve public awareness and to make victims informed of their rights. The agencies are also reminding students and other civil rights advocates that just because a university is the target of an investigation, it has not necessarily violated the law.

Brendan Eich was named the CEO of Mozilla, a company he had been involved with since its conception. Shortly after he took the position, however, he was forced to resign. The reason for this was public outcry over a political donation that he made six years ago.  In 2008, Eich had donated $1,000 to support California’s Proposition 8, which would have banned same sex marriage in the state. Although the proposition was approved by a majority of voters in the state, a federal district court invalidated it. rainbow-flag-1392509-m

The forced resignation has sparked a lot of controversy, with some saying that it was right to force Eich to step down because of beliefs considered “bigoted” while others arguing that it is wrong for someone to be terminated because of his political beliefs.  While this is a question that can be debated in the public sphere, the reality is that California Labor Laws have already settled the question.   The law protects employees from being fired for donating money to a political campaign, and if you are terminated because of a donation you made, you can contact an Orange County employment lawyer for help taking legal action against your employer for the labor law violation.

Protection for Political Advocacy

Contact Information