Men and Women work because they need to earn a living. One’s ability to earn the income to provide for food and shelter is a highly regarded right that is protected by the law. Everyone aspires to work free from discrimination, harassment, and improper employer reprisal. Everyone should be paid a legal wage. At Lallande Law, PLC we vigorously pursue the protection of employees’ rights in the workplace.

 

Employees may have legal rights against their employers for a variety of reasons including, but not limited to:

• Failure to pay proper wages.

• Improper employer reprisal, such as by wrongful termination, hostile work environment, demotion, decreased pay.

• Discrimination: The unequal treatment of parties who are similarly situated.

• Harassment: Unwanted pervasive conduct that affects an employee’s ability to do their job.

 

Discrimination:​

Discrimination in the workplace is illegal. Discrimination occurs when an employee is denied employment or is terminated (or there is a change in the employee’s terms of employment) based upon one of the following:

• Race

• Age

• Sex​

• National Origin

• Religious Affiliation

• Marital Status

• Disability

• Pregnancy

• Sexual Orientation

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Harassment:

Harassment in the workplace is the unwanted conduct of an unlawful nature and can take many forms such as sexual harassment or racial harassment. When the harassing behavior is so severe and pervasive that it affects the employee’s ability to do his or her job then a hostile work environment is created. Employees have the right to be free from a hostile work environment.

 

When a supervisor, manager or employer demands sex in return for a raise, continued employment, or promotion, this is sexual harassment. Off-color jokes, pin-up photographs of naked men or women, internet pornography on work computers, and unwanted touching are all additional examples of sexual harassment.

 

Often times the employer’s conduct of discrimination or harassment is carried out by the employee’s manager or supervisor. In California an employer is strictly liable for any harassment undertaken by a supervisor. This means that they are deemed to have knowledge of the conduct of supervisors and they are liable automatically if that conduct can be proven.

 

Wrongful Termination

In California, if you are terminated for an unlawful reason, you may be entitled to recover damages. Examples of wrongful termination that violate state or federal law include the following:

• Dismissal on the basis of race, sex, age, religion, sexual orientation, disability, or even mistaken perceptions of any of these.

• Retaliation for asserting a protected right, such as filing a sexual harassment complaint, taking family or medical leave, or applying for workers’ compensation benefits.

• Getting fired for reporting illegal or unethical conduct on the part of a manager or supervisor in private or public employment.

 

An employee has a limited time within which to bring a claim for harassment, discrimination, or other wrongful conduct by their employer. and in most situations a complaint must be filed within one year. It is important to consult with an attorney in a timely manner so that you do not lose your rights.

 

If you have experienced discrimination, harassment, or employer reprisal in the workplace, or if you have not been paid proper wages, fill in the contact form or call (800) 308-8800 for a free initial consultation with Lallande Law, PLC.