California Court of Appeals defines whistleblower protections

Posted on January 27, 2012 by

The 1st District Court of Appeals in San Francisco recently sided with a former College of Marin administrator who claimed to have been demoted from her position for bringing up concerns regarding matters she thought were illegal. Along with ruling in her favor, the District Court of Appeals also clarified what protections a California whistleblower has.

According to the woman, she worked as an administrator from 1981 to 2007. In 2006 she brought up some concerns to her supervisor and the college’s president. Among those concerns was that a program that uses district funds to provide scholarships was favoring Latino students. Additionally, she was also concerned about a policy her supervisor implemented that allowed for students who had unpaid fees to still be able to register for classes.

Lastly, she also questioned why her supervisor removed information related to residency and citizenship from admissions applications.

After voicing these concerns, suddenly the college reorganized, her title was changed and she was taken off of the Academic Standards committee. She considered this move to be a demotion in response to questioning the actions of her supervisor.

Then, in 2007, at the recommendation of her supervisor and the college’s president, she was put on administrative leave. Since she was tenure, she took a job at the college as a counselor, but did file a lawsuit against the Marin Community College District.

She lost at the original trial after the judge directed the jury to decide whether the woman’s whistleblower complaints were due to personal reasons, or because she was acting in good faith.

However, in the recent appeals decision, it was made clear, that in the state of California an employee should be granted the same whistleblower protections regardless of why concerns are voiced, as often times a personal reason may in fact be what motivates an employee to report conduct that could be a violation of the law or be considered misconduct.

Source: Marin Independent Journal, “California appellate court upholds College of Marin ‘whistleblower’ appeal,” Rob Rogers, Jan. 13, 2012

Article source: http://www.employmentattorneysanjose.com/2012/01/california-court-of-appeals-defines-whistleblower-protections.shtml

Posted in Wrongful Dismissal | Tagged | Comments Off

The relationship between gender and race discrimination

Posted on January 26, 2012 by

We have spent a considerable amount of time on sexual harassment cases in previous posts. Sexual harassment is among the many different types of harassment that New Orleans women are commonly subjected to. Another common form of harassment in Louisiana workplaces is gender discrimination.

Gender discrimination occurs when an employee is treated differently in the workplace because of his or her gender. Gender discrimination can occur in several ways but often manifests itself in unequal pay for women for the same work performed by men. Unequal pay can also be a sign of racial discrimination when same-sex individuals of different races receive different salaries for the same work.

One nurse recently filed a racial discrimination lawsuit against her employer in New Orleans Federal Court. The nurse said that she was paid $4 less per hour than the other nurses at her job. The woman alleges that her hourly rate for her home nursing duties was $21 per hour but that white employees were paid $25 per hour for the same work.

The nurse complained about this discriminatory wage disparity and was harassed by her coworkers as a result. She was then terminated when her position was eliminated. It is unclear whether the woman’s position was the only one that was eliminated. If that is the case, then she will probably have a strong retaliation case against her employer.

It is often best to contact an experienced employment law attorney before taking any action in a discrimination case. An employment law attorney can help you properly document the situation and make sure that your employer is aware that there will be consequences for discriminatory behavior.

Source: Louisiana Record, “Nurse files racial discrimination lawsuit due to lower pay,” Michelle Keahey, Jan. 3, 2012

Article source: http://www.neworleansemploymentlawyer.com/2012/01/the-relationship-between-gender-and-race-discrimination.shtml

Posted in Wrongful Dismissal | Tagged | Comments Off

More employees at risk of being punished for social media use

Posted on January 26, 2012 by

Social media has certainly had an effect on employment law issues over the past few years as more individuals use social media websites on a daily basis for personal and professional purposes. Celebrities and professional athletes have lost contracts as a result of their comments on Facebook and Twitter, and lawsuits have been filed by employees who have lost their jobs or been denied jobs as a result of what employers discovered on these social media sites. But can employees and potential employees in California and throughout the entire U.S. be disciplined or fired for their “private” comments on social media sites?

A recent worldwide study by DLA Piper Shift revealed that 30 percent of the employers surveyed had used disciplinary actions against employees, including firing employees, for their activities on social media sites. With the average American spending about 16 hours a month on Facebook, and approximately half of them visiting the site every day, more workers could be at risk of losing their jobs over the use of social media.

In order to make sure that one’s rights are protected as an employee, workers can take certain precautions to avoid losing their jobs or being denied jobs as a result of social media use. These precautions include making use of privacy features on Facebook to limit who can see posted comments, pictures and other information, as well as limiting who one is friends with on Facebook.

Employees should also refrain from placing blind trust in any promise of privacy from Facebook, as Facebook has altered privacy controls in the past, and may do so again in the future. It may be better simply not to post something which, if made public, could mean the end of one’s employment. Employees should also realize that private messages on social media sites may be discoverable in court proceedings when they are related to the workplace.

Some employers may have a social media policy in place, which should be read by every employee so that they are familiar with what sort of activity on social media sites is allowed or prohibited by employers.

Employees should

Article source: http://www.sandiegoemploymentlawattorney.com/2012/01/more-employees-at-risk-of-being-punished-for-social-media-use.shtml

Posted in Wrongful Dismissal | Tagged | Comments Off

Restaurant workers harassed multiple times with manager’s knowledge

Posted on January 26, 2012 by

When sexual harassment exists for long periods, there are usually two possible causes. First, if the sexual harassment is not reported, managers may be unaware that the harassment exists. The other situation in which sexual harassment may continue for long periods of time exists when harassment is reported, but managers fail to take any action to stop the harassment.

Unfortunately, the latter is exactly what happened at one Italian restaurant chain. Although the chain does not have any branches in California, employees everywhere should be aware of the options they have if their managers fail to stop sexual harassment.

Sadly, this sexual harassment story is an example of the latter and includes a group of women, some of whom were teenagers. When the women did not receive the protection they needed from their manager, they worked with the U.S. Equal Employment Opportunity Commission to file a lawsuit against the restaurant. According to the lawsuit, the harassment has been occurring since 2005.

Male workers in the restaurant’s kitchen repeatedly harassed a group of female employees. The men made crude comments and asked for sex. They even used “vegetables to simulate sodomy and to hit the victims between their legs.”

Although several women repeated the harassment multiple times, the restaurant’s management did nothing correct the problem, which is a violation of the Civil Rights Act of 1964.

One attorney for the EEOC said, “Allowing serial harassers to victimize female employees without facing consequences is a clear violation of federal law. Managers must take swift action to stop this sort of abuse when they receive complaints of sexual harassment from their employees, especially when the complaints involve teenage employees who are in the work force for the first time.”

The women won the lawsuit. They will receive monetary relief, and the restaurant must provide annual training to help ensure all employees understand exactly what behavior is considered unacceptable.

Source: U.S. Equal Employment Opportunity Commission, “Rafael’s Italian Restaurant Settles EEOC Sexual Harassment Suit,” Jan. 18, 2012

Article source: http://www.sanfrancisco-employment-lawyer.com/2012/01/restaurant-workers-harassed-multiple-times-with-managers-knowledge.shtml

Posted in Wrongful Dismissal | Tagged | Comments Off

Restaurant chain accused of egregious sexual harassment

Posted on January 23, 2012 by

An Italian restaurant chain recently settled a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission. The EEOC alleges that female employees were subjected to egregious forms of harassment which were ignored by the management of the chain.

Sexual harassment is one of the most widespread forms of workplace discrimination in Baton Rouge and around the country. Sexual harassment can occur in a variety of ways including unwanted advances, lewd or sexually suggestive comments, and inappropriate questions of a sexual nature.

In the case of the Italian restaurant chain, the EEOC alleges that female employees were repeated subjected to lewd comments, requests for sexual intercourse, and grossly impropriate physical touching. The improper touching cited by the EEOC involved female employees being hit between the legs by vegetables which were also used to simulate sodomy. Two of the sexual harassment were teens at the time of this harassment.

The sexual harassment victims complained to the management of the restaurant chain but the situation was ignored. The EEOC settlement requires the chain to pay a $25,000 fine and stop subjecting its female employees to a hostile work environment.

“Allowing serial harassers to victimize female employees without facing consequences is a clear violation of federal law,” said a regional attorney for the EEOC. “Managers must take swift action to stop this sort of abuse when they receive complaints of sexual harassment from their employees, especially when the complaints involve teenage employees who are in the work force for the first time.”

Source: U.S. Equal Employment Opportunity Commission, “Rafael’s Italian Restaurant Settles EEOC Sexual Harassment Suit,” Jan. 18, 2012

Article source: http://www.neworleansemploymentlawyer.com/2012/01/cleaning-company-settles-discrimination-lawsuit-for-450000.shtml

Posted in Wrongful Dismissal | Tagged | Comments Off

Black applicant exposes company’s discriminatory hiring practices

Posted on January 23, 2012 by

In our last post we discussed an important racial discrimination lawsuit brought by the EEOC against a company that fostered a hostile work environment for its black employees. Although many people face racial discrimination while on the job, racial discrimination also occurs in the hiring process at many companies.

One employer recently settled a lawsuit brought by the EEOC for $75,000. The EEOC says that the company has to pay the funds for a black job applicant who applied for a deckhand position with the marine construction company. The company allegedly had a longstanding practice of segregating its workforce and was reluctant to hire blacks for the deckhand position.

Racial discrimination in the hiring process violates the Civil Rights Act of 1964. It is important for job applicants to speak with an experienced California employment law attorney if similar discriminatory behavior occurs to them.

Part of the settlement with the EEOC requires the marine construction company to sign a consent decree that enjoins it from discriminating against black applicants in its hiring practices. The employer is also required to use its best efforts to fill a quarter of its deckhand positions with black applicants. Additionally, the employer has to maintain a record of discrimination complaints which will be submitted to the EEOC on a yearly basis.

“Employees should not be subjected to racial discrimination in hiring, as it is a violation of federal law,” said a regional attorney for the EEOC. “The EEOC will continue to ensure that such barriers to employment are removed.”

Source: U.S. Equal Employment Opportunity Commission, “Choctaw Transportation Company Settles EEOC Racial Discrimination Suit for $75,000,” Jan. 19, 2012

Article source: http://www.employmentattorneysanjose.com/2012/01/black-applicant-exposes-companys-discriminatory-hiring-practices.shtml

Posted in Wrongful Dismissal | Tagged | Comments Off

Part two: Are California employers complying with employment laws?

Posted on January 21, 2012 by

California employees have important rights that should be protected in the workplace, but businesses do make mistakes that could result in the violation of these rights.

Earlier this week on our San Diego employment law blog, we began discussing some common mistakes employers may make without realizing that they are breaking state and federal employment and labor laws. However, employees can learn more about their rights in order to ensure that their employers are in compliance with these laws.

We already discussed the importance of making sure that workers are properly classified as employees or contract workers for tax, withholding and overtime pay purposes. Today we will discuss four other mistakes that commonly lead to the violation of an employee’s rights in the workplace.

In California, employers can end up causing great legal problems for the company if they do not understand laws regarding overtime pay. Although most states only require companies to pay hourly employees overtime if they work more than 40 hours a week, in California, businesses must pay employees overtime if they work more than eight hours a day and more than 40 hours a week.

Although it may be common for employees to work through their lunch breaks, employers must also make sure than employees are taking their proper breaks. In order to make sure that employees are not working through their breaks, employers can designate break rooms or lunch rooms for workers.

When it comes to firing an employee, some companies may fail to follow their own procedures. When companies do not follow their own policies, or if they do not follow a uniform procedure when terminating employees, they could be sued for wrongful termination.

Employees are also protected from discrimination and harassment in the workplace, but many companies are not as prepared as they should be when issues of discrimination or harassment arise. Failing to follow procedures when an employee makes a complaint or ignoring these issues could lead to a hostile work environment and serous legal problems.

State and federal employment and labor laws are complex and continue to change, but employees in California should understand that they

Article source: http://www.sandiegoemploymentlawattorney.com/2012/01/part-two-are-california-employers-complying-with-employment-laws.shtml

Posted in Wrongful Dismissal | Tagged | Comments Off

Restaurant agrees to $25,000 fine for ignoring harassment complaints

Posted on January 21, 2012 by

When an employee complains about sexual harassment on the job from other colleagues, it is legally up to their manager or supervisor to make sure that those complaints are taken seriously. Sadly, this is not always the case though, and sometimes management just allows the harassment to continue on.

According to the U.S. Equal Employment Opportunity Commission, this was recently the case with an Italian chain restaurant. The management at one of the chain’s locations was accused of hearing sexual harassment complaints from female staff, yet not doing anything to deter the harassment from continuing on.

In the lawsuit filed by the EEOC, women who worked for the restaurant claimed that male kitchen workers would continuously harass the women — including some teenagers — by making inappropriate remarks, and even asking for sexual favors. The lawsuit also claims that some of the men would go as far as to physically touch the women.

Sick of the harassment, several of the women complained to management. However, the EEOC claims that management simply ignored their complaints, which is in direct violation of Title VII of the Civil Rights Act of 1964.

In regards to the lawsuit that was filed, the Italian chain restaurant agreed to pay $25,000, and to provide training regarding sexual harassment. The restaurant also agreed to maintain proper records of all future complaints regarding sexual harassment, and provide reports on a yearly basis to the EEOC.

Overall, this case highlights the fact that federal law requires that an employer take sexual harassment complaints seriously. And, in those situations where management disregards those complaints, there are legal actions that can be taken against those employers.

Source: WTCC, “Tenn. Restaurant Fined $25,000 for Sexual Harassment,” Jan. 18, 2012

Article source: http://www.employmentattorneysanjose.com/2012/01/restaurant-agrees-to-25000-fine-for-ignoring-harassment-complaints.shtml

Posted in Wrongful Dismissal | Tagged | Comments Off

Woman makes sexual harassment allegations against congressman

Posted on January 21, 2012 by

Following a woman’s allegations that a Congressman sexually harassed her, top members from the House Ethics Committee pane said the case required further review. Another staff member the congressman serves with leveled the accusations against the 75-year-old Congressman in 2011.

Sexual harassment cases can involve a variety of elements. Sadly, this one involved unwanted physical contact.

The victim is listed as a policy advisor on political-military security issues on the agency’s website. When the victim was hired in 2007, her first meeting with the handshake began with a simple handshake. She later reported to the ethics committee that she received unwanted hugs from the congressman and heard sexually suggestive comments from him.

On Jan. 4, a joint statement was released by the House Ethics Committee Chairman and the panel’s ranking Democrat stating that a review of the allegations would be completed once all the necessary information had been gathered. That same day, the committee released an Office of Congressional Ethics investigative report.

Several of the victim’s allegations against the congressman were detailed in the report. The victim reported to the ethics investigators that the congressman made several unwelcome sexual advances toward her on multiple instances. According to the woman’s allegations, these events led to an incident in Portugal where the congressman ranted about his interest in her.

The report further states he asked the woman to accompany him to his room while he was drunk. She denied his request. He then asked for her room number, which she also denied to give him.

Source: Reuters, “Report details harassment claim against Congressman Hastings,” Alex Dobuzinskis, Jan. 11, 2012

Article source: http://www.sanfrancisco-employment-lawyer.com/2012/01/woman-alleges-sexual-harassment-against-congressman.shtml

Posted in Wrongful Dismissal | Tagged | Comments Off

Part one: Are California employers complying with employment laws?

Posted on January 20, 2012 by

State and federal employment and labor laws can certainly be complex and difficult to keep up with because of constant changes, but it is the responsibility of all employers in San Diego and throughout the entire state of California to make sure that their policies conform to current laws and that these policies are enforced in the workplace.

Although a company may not intentionally violate an employee’s rights, employees in California should not be afraid to stand up for their rights or to raise awareness about employment law issues if they believe that an employer’s practices are not in compliance with state and federal laws.

According to an advisor for an online legal service, employers are susceptible to making common mistakes when they do not understand employment and labor laws. When these mistakes are made, an employer is certainly violating the law, but they may also be able to get away with their actions if employees do not understand their own rights.

In order to better educate employees about their protections under state and federal laws, the advisor for the online legal service has outlined five areas in which employers commonly make mistakes that could result in the violation of one’s rights as an employee.

One common mistake employers make is misclassifying workers. Is a worker an employee of the company or is her or she considered a contract worker? In order to make sure that a worker is classified correctly for tax, withholding and overtime pay purposes, employers need to follow specific guidelines provided by the federal government.

We will continue this discussion later this week, focusing on four other areas of employment and labor laws that businesses commonly misinterpret which could lead to the violation of an employee’s rights.

Source: The Washington Post, “Common HR nightmares employers can avoid,” J.D. Harrison, Jan. 12, 2012

Article source: http://www.sandiegoemploymentlawattorney.com/2012/01/are-california-employers-enforcing-labor-and-employment-laws-1.shtml

Posted in Wrongful Dismissal | Tagged | Comments Off