Orange County Employment Lawyers Blog

Settlement vs. Trial Verdict in Employment Disputes

August 31, 2014 | by Nassiri Law

It can take months, years, even decades for an employment lawsuit to come to fruition and get resolved. There are many different reasons. In some cases, an employee will put up with misconduct or violations until they are terminated. Some cases require intensive investigations and an extended discovery process. Other cases will go through rounds of attempted negotiations and settlements before finally getting to a trial and eventually, a jury verdict. Defendants may wonder what is the best course of action for their case? Should they accept a settlement offer? Is it worth it to fight a case through trial and jury verdict?

Every case is unique and should be reviewed by an experienced employment law attorney. Our Orange County employment law attorneys will take the time to review allegations of misconduct or unlawful labor practices and determine the best legal course of action. In general, here are some benefits to settlement versus litigation.

Quicker resolution. A settlement usually means a quicker resolution. If parties can reach a settlement agreement before going to court, they will likely spend less time and money on the case. For employees, the benefit of settlement is immediate compensation and the ability to move forward after a dispute.

EEOC Files Religious Discrimination Suit Against Food Lion

August 29, 2014 | by Nassiri Law

Title IV of the Civil Rights Act prohibits private companies from discrimination based on religious practices. While we often hear about discrimination based on race, national origin, or gender, cases less common are based on religious discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Food Lion, the national supermarket chain, for religious discrimination. According to the complaint, the company fired a Jehovah’s Witness who requested days off for religious practices.

Religious discrimination occurs anytime an employee or applicant for a person is treated differently because of his or her beliefs. Our Orange County religious discrimination attorneys are dedicated to protecting the rights of individual employees who have suffered from discrimination in the workplace. We will take the time to review your case, identify misconduct or unlawful discrimination, and pursue compensation and a fair resolution on your behalf. Our priority is to raise awareness to prevent future discrimination and to help victims protect their rights against employers.

Federal law protects both individuals who belong to traditional organized religion, including Christianity or Judaism, as well as those who have sincere religious or moral beliefs. Discrimination occurs when an employee or applicant is treated differently because of a connection with a religious organization or group. In the case against Food Lion, the EEOC alleges that the company illegally discriminated against an employee who was a minister and elder. According to the complaint, the employee requested Sundays and Thursdays off to practice his religion. While his managers accommodated this request, he was then transferred to another location where he was not given Sundays off and was subsequently terminated from his position. The EEOC is pursuing the lawsuit to collect back pay as well as compensatory and punitive damages from the company.

$1.13 Million Verdict for Ecuadorian Engineer in Discrimination Lawsuit

August 26, 2014 | by Nassiri Law

The numerical value of a settlement or verdict in a discrimination lawsuit can vary widely. Damages will often incorporate lost wages, emotional distress, and other personal or financial losses related to the discrimination. In one recent case, a Santa Barbara jury awarded a plaintiff from Ecuador $1.13 million in his discrimination lawsuit against Teledyne Reson Inc. The verdict was handed down three years after the lawsuit was filed and three weeks after a jury trial. According to reports and statements from the EEOC, the victim was finally vindicated after being terminated without warning in 2011.

The discrimination case arose after the victim reported that he was underpaid, unfairly denied promotions and misled by executives. When he was ultimately terminated without explanation, the engineer and victim sought legal recourse. Our Orange County race discrimination attorneys understand the complex nature of employment disputes and will explore every opportunity to protect the rights of our clients. When you have suffered illegal misconduct in the workplace, it is important to consult with an experienced advocate who can effectively protect your rights and achieve optimal results in your case.

In this case, the plaintiff was an engineer who held a master’s degree and a Ph.D. in engineering. Formerly a professor at Santa Barbara City College, he was hired by the Denmark company Reson in 1992. The company grew over the 20-plus years of his employment until it finally merged with Teledyne technologies in 2013. An attorney for the plaintiff argued that there was rampant discrimination in the company and at the executive level, actively favoring less qualified Danish employees over more senior and qualified members of the staff. Within the company there was an understanding that those who had Danish passports would never be terminated regardless of how they performed.

LinkedIn to Pay $6 Million in Overtime Settlement

August 22, 2014 | by Nassiri Law

Under federal law, employees are entitled to breaks for meals and rest. Overtime payments are also required when an employee is required to work more than a standard 40-hour week, unless that employee is classified as “exempt.” In the event that a company is in violation of state or federal labor laws, an employee has the right to take legal action to collect overtime pay. In a recent case of wage and hour violations, LinkedIn is expected to pay nearly $6 million to settle a lawsuit filed by The Labor Department for unpaid overtime.

According to Reuters, LinkedIn has agreed to pay $6 million in overtime to 359 current employees. The lawsuit is based on investigation by the U.S. Department of Labor finding that the company violated federal wage laws. Our Orange County overtime wage attorneys are dedicated to protecting the rights of clients and putting an end to wage and hour law violations. Our priority is to help defendants take legal action against unlawful employers to collect rightful back pay and compensation.

LinkedIn reached a settlement agreement with the Labor Department to pay $3.3 million in retroactive overtime wages and an additional $2.5 million in damages to workers in California, New York, Illinois, and Nebraska. A representative from the government agency reported that LinkedIn has already mailed payments to employees involved in the settlement. The Labor Department reported the company acted responsibly and cooperated fully by working to quickly resolve the dispute and make the workers whole.

Petaluma Faces Firefighter’s Sexual Harassment Lawsuit

August 18, 2014 | by Nassiri Law

Women who enter male-dominated professions can often be targets of sexual harassment. While internal policies may educate and inform employees about the definitions of sexual harassment or even have reporting instructions, harassment often turns the workplace into a hostile environment. According to reports a Petaluma Fire Department employee suffered ongoing sexual harassment by her male colleagues. The victim reported that the ongoing harassment was so bad she finally had to leave her position. Now she has filed a sexual harassment lawsuit against the City of Petaluma.

Petaluma Fire Department employees have been instructed to preserve all communications in the event of a lawsuit. Two claims have already been filed against the city, one with the Equal Employment Opportunity Commission, and one for unemployment. Considering the weight of these allegations, the city is gearing up to fight a high-profile sexual harassment lawsuit. Our Orange County sexual harassment attorneys are experienced in representing employees who have suffered gender discrimination in the workplace. Under California law, individuals are protected against quid pro quo and hostile work environment sexual harassment as well as gender discrimination. We will take the time to review your case, identity any legal cause of action, and aggressively pursue a financial recovery on your behalf.

According to reports, an attorney representing the sexual harassment victim notified the city and the Petaluma Fire Department to preserve all information related to the case. Mobile phones, computers, and other devices owned by the department as well as personal devices were targeted as part of the investigation. In the event of a sexual harassment lawsuit, both parties will be required to preserve any relevant evidence of harassment, including all communications between the victim and her colleagues. The city representatives in this case have met behind closed doors to discuss defense strategy and how to prepare for litigation in response to the claims.

Clerk Files Discrimination Case Against L.A. Law Firm

August 13, 2014 | by Nassiri Law

Discrimination claims can arise in any industry or career field—even in businesses where leaders should know and follow the law. In a recent case, a law clerk who worked for a Los Angeles personal injury law firm filed a discrimination claim alleging racial and sexual orientation discrimination. The law firm subsequently urged the court to review and dismiss the clerk’s employment lawsuit on summary judgment. The judge denied the law firm-defendant’s motion to dismiss. The challenging case underscores the reality of discrimination in the workplace and the need for informed and strategic advocacy when up against formidable defendants.

The California Fair Employment and Housing Act prevents discrimination based on race and sexual orientation. Our Orange County race discrimination attorneys are dedicated to protecting the rights of our clients and in raising awareness to prevent discrimination in the workplace. We understand the complicated and sensitive nature of these cases and will handle every detail with compassion and discretion. When you have suffered from discrimination, it is important to have an experienced advocate review your case before making any important legal or employment decisions. In addition to protecting your reputation and future career opportunities, you may be entitled to additional compensation.

According to the defense, the discrimination claim fails because the defendant cannot prove his adverse employment action was a result of discrimination. The law firm’s defense is that the employee was terminated simply because he lied about his reasons for missing work. Representatives for the firm went on to say that they have the right to hate an employee, and the right to terminate that employee, even if the reason is that they hate him. The complaint was filed in July of 2013 and targets one partner specifically who allegedly used offensive racial slurs for African Americans, Hispanics, gays, lesbians, women, and disabled people. Currently, the law firm has offices in San Diego and Beverly Hills and represents plaintiffs in cases involving personal injury and wrongful death, labor law, and workers’ compensation.

Boeing Facing Lawsuit Alleging Widespread Age Discrimination

August 9, 2014 | by Nassiri Law

Since Boeing announced that it will be moving thousands of engineering jobs out of the state of Washington, the union representing its engineers has filed an age-discrimination complaint with the Equal Employment Opportunity Commission (EEOC) as well as the Washington State Human Rights Commission. According to media reports and the complaint, Boeing has intentionally implemented a scheme that amounts to widespread age discrimination. Though the company has called the claims “baseless” state and federal agencies will be pursuing and investigating the charges.

The company is seeking to move 1,000 customer-support engineer jobs from Washington to California. It also plans to move over 1,000 research and technology jobs to other states. According to a Boeing representative, the company is simply working to “diversify” the workforce. Our Orange County employment law attorneys are dedicated to protecting the rights of our employees. We understand the stress and challenges faced by individuals who have suffered discrimination. Our priority is to investigate every allegation and pursue rightful legal action on behalf of employees.

Union representatives claim that the company secretly changed criteria or retention rankings, which would determine which employees would take priority in the event of a lay off. The union learned of the strategy though whistleblowers. In adherence with the new retention rankings, older employees would be more susceptible to the company’s layoffs. Effectively, the layoffs would impact employees with significantly more experience, and more years under their belt. According to union representatives, the action is in direct violation of the Age Discrimination in Employment Act. The union represents more than 21,000 Boeing employees in the state of Washington.

Warner Brothers Class-Action: Rights of Unpaid Interns

August 6, 2014 | by Nassiri Law

Nationwide, unpaid internship arrangements have been scrutinized for low wages and potential violations of state and federal labor laws. While some claim that the legal scrutiny of unpaid internships is putting programs and opportunities at risk, other worker rights advocacy groups see the internships as a way to squeeze cheap labor out of inexperienced and vulnerable unemployed. In a recent case, Warner Brothers is facing a class action led by a former unpaid intern who was living in a homeless shelter when he started his position.

According to a Newsweek investigation, the plaintiff was required to get drinks for two different vice presidents. The Warner Brothers executives also required that the intern take lunch orders and pick up dry-cleaning. He knew that the job duties had nothing to do with radio promotions, but he did it anyway, hoping to make a name for himself. Our Orange County employment law attorneys are dedicated to protecting the rights of American workers, including unpaid interns in California. In addition to providing sounds counsel and support to our clients, we are also committed to staying abreast of employment law issues and legal trends that impact the national workforce.

The Department of Labor guidelines require that unpaid internships must be to the benefit of the intern rather than to the employer. Employers who agree to provide training at no cost, must not derive any immediate advantage from the labor performed. The guidelines go on to state that in some cases, operations may be impeded or slowed by training capacities. The intern at Warner Brothers often worked 12 hour shifts, showing up early and leaving late, just to maintain his job. For eight months, he worked without compensation and then he was fired.

Racial Discrimination Claims Filed Against Chipotle

August 3, 2014 | by Nassiri Law

Employees are often forced to take legal action after they have been abused and exploited—many times in more than one way. In a lawsuit that was filed in May, a Chipotle manager is taking on the national chain for alleged abuses including racial discrimination and wage and hour violations. The plaintiff is also the class representative for a class-action lawsuit alleging a variety of labor law violations.

According to the complaint, the plaintiff worked at two Chipotle restaurants in San Luis Obispo for almost four years. She had been promoted to manager at the time of her termination in August 2013. The complaint alleges numerous acts of discrimination by her former supervisor. Our Los Angeles race discrimination attorneys are dedicated to protecting the rights of employees throughout California. If you believe that you have suffered from any form of discrimination, it is important to consult with an experienced advocate who can protect your rights. Victims of discrimination may be entitled to significant compensation.

The lawsuit states that the manager and plaintiff, who is African-American, suffered from daily harassment. She was requesting timely breaks when her manager told her to transfer to another location because she was black. When she reported one of the incidents to another manager, it was excused and no internal action was taken. The plaintiff is seeking general damages, lost wages and attorneys’ fees for her losses.

Judge Certifies Wage-and-Hour Class Action Against Apple

July 30, 2014 | by Nassiri Law

Apple is facing another class action that could prove costly if 20,000 employees succeed. According to the New York Times, a California state court has certified a class of former Apple employees over wage and hour claims. The complaint states that the company failed to provide meal and rest breaks in accordance with state and federal labor laws. The lawsuit also alleges that the company denied the workers breaks entirely. The Superior Court judge in the County of San Diego granted class certification to retail employees and former workers at the Apple Corporate Headquarters.

Both federal and state laws protect workers from abuse and exploitation of workers. In many cases, individual or groups of employees may be forced to take legal action against employers who have violated wage and hour laws. Our Orange County wage and hour claims lawyers are experienced in handling complicated wage and hour and class action claims. For individuals who have suffered a wage and hour violation, we will take the time to review your case, identify your goals, and pursue any available legal recourse on your behalf.

The lawsuit involves wage workers, ranging from junior engineers to Apple Store employees. According to lawyers for the plaintiffs, Apple deliberately violated California labor law. In accordance with California law, employers are required to provide a 30-minute lunch break within the first 5 hours of an employee work shift. Employers must also designate a 10-minute rest period every four hours. California labor laws also require that a second break is provided when a shift runs between 6 and 10 hours. The Superior Court judge reviewing the Apple case found sufficient evidence that Apple failed to authorize a second rest period for workers taking on longer shifts. In addition to denying a second rest period, the complaint alleges that Apple’s policy did not provide for meal periods or rest periods. The case also involves the denial of final paychecks to Apple employees.