Orange County Employment Lawyers Blog

Reaction to Gay Football Player Points to Employment Discrimination

February 28, 2014 | by Nassiri Law

The individuals who say there is not discrimination against gay employees should look no further than the recent announcement made by a college football player heading to the NFL.

Our Costa Mesa LBGT discrimination attorneys know first hand that employment discrimination against workers due to their sexual orientation occurs on a daily basis.

There has been a recent push for Congress to create a federal statute that outlaws discrimination based on sexual orientation but Congress has failed to pass the necessary legislation.

Large IT Company to Pay $4 Million in Age Discrimination Lawsuit

February 26, 2014 | by Nassiri Law

Employers sometimes favor younger workers for a variety of reasons. Often an older, more experienced worker can cost a company more money and there may be a perception that an older work is out of touch with technology. A recent age discrimination lawsuit resulted in a recovery of almost $3.5 million after a trial in federal court.

A California age discrimination lawsuit can be filed with the help of an experienced employment law attorney.

The suit has been in various courts since 2009 and was seen as a battle between David and Goliath as the plaintiff’s attorney did battle with a large company’s legal department. A pre-trial motion was filed that pointed to an internal investigation by the company that drew the attention of employment attorneys nationwide.

Fears of Raising Minimum Wage are Unfounded

February 24, 2014 | by Nassiri Law

The State of California has fairly good employment laws but there are always more ways to help disadvantaged workers, such as a hike in the minimum wage, and that is exactly what some State Senators are proposing.

Our wage dispute attorneys know that many employees are woefully underpaid and are in favor of more employee rights. Unfortunately, when some suggest raising the minimum age there is often a lot of pushback about how businesses will be harmed.

Usually the argument is that an increase in minimum wage will hurt business owners, who will then cut more employees and put more employees in lower positions – this leads to higher unemployment which isn’t good for workers either.

More Retaliation Claims filed in 2013 Than Previous Years

February 21, 2014 | by Nassiri Law

Although overall employment discrimination claims have fallen slightly in the private sector during 2013 there has also been an uptick in a number of individual areas.

Our employment lawyers in Orange County are fully aware that sometimes overall statistics can be misleading. And, at a time when employment discrimination complaints are at record highs across the board, a slight decrease is really not enough.

Complaints began climbing rapidly in 2010 when they were at nearly 100,000, which was a 7% increase from the previous year and a 20% increase from 2007. Experts have suggested that when the economy is strong, workers tend to be happy and therefore do not file as many complaints as discontented workers in tough times.

Settled Wrongful Termination Lawsuit

February 18, 2014 | by Nassiri Law

A DNA Diagnostics center has reached a settlement agreement in a wrongful termination suit filed last year.

Our Costa Mesa wrongful termination lawyers know that employers are sometimes willing to settle a case to avoid a long drawn out trial but it will really depend on the employer and the facts of the specific case.

The Diagnostics center agreed to pay $25,000 in liquidated damages and lost wages when it unlawfully denied an employee leave under the Family and Medical Leave Act.

Employer’s Uneven Discipline Supports Employee’s Retaliation Claim

February 15, 2014 | by Nassiri Law

Employers often treat employees in similar positions with varying degrees of respect, this can have a big impact on how the court’s might view an employment relationship.

A consultation with an experienced Costa Mesa employment lawyer can help you decide if you have been retaliated in the workplace.

An employer or manager may play favorites even when it comes to employee discipline and if the company has a uniform discipline policy this can be grounds for a retaliation lawsuit.

Orange County Discrimination Apparent in Off-Hand Comments

February 11, 2014 | by Nassiri Law

Age discrimination is an unfortunate but common part of workplace culture in America. It’s also illegal, under both federal and state laws.

A Los Angeles age discrimination lawsuit can be filed with the help of an attorney who has experience in these type of claims.

These cases are not without certain challenges, and employers sometimes find themselves navigating thorny legal waters. For example, is it ever alright to discuss a person’s age or longevity on the job? Does it matter what you say or how you say it?

Wal-Mart Retaliated Against Protesting California Employees

February 9, 2014 | by Nassiri Law

A federal agency that represents workers filed a complaint in January, accusing Wal-Mart of retaliating against protesting employees.

Our Los Angeles employment lawyers know that large employers sometimes feel they are above the law. Some may ignore it completely.

The National Labor Relations Board, an agency that polices employers across the country, says Wal-Mart violated the rights of more than 60 of its employees who were protesting working conditions in 14 different states, including California.

Applying Heightened Scrutiny to Sexual Orientation Discrimination

February 7, 2014 | by Nassiri Law

A recently-issued federal court of appeals ruling showed that justices are looking to require a heightened standard for employers who attempt to justify discrimination against employees based on sexual orientation.

Our experienced Costa Mesa employment lawyers are aware that the U.S. Supreme Court made an historic ruling when it struck down the Defense of Marriage Act during the summer. The substantive meaning of the holding and the intent were clear immediately – a federal law that is discriminatory in nature is demeaning to the couple whose choices are protected by the U.S. Constitution.

Still, it was not so obvious how such discrimination cases would be handled in the future. This most recent decision may shed some light.

A Possible Hole in Retaliation Law?

February 5, 2014 | by Nassiri Law

According to a recent federal district court decision an employer may be able to get away with potentially illegal retaliatory behavior by creating separation between the various departments that make employment decisions.

Our Family Medical Leave Act attorneys believe that this could create a problem for employees who file claims under the act, and unfortunately, it could have broader implications as well.

This decision, McElroy v. Sands Casino, was decided in the U.S. District Court of Pennsylvania.