Los Angeles California Litigation Blog

When supervisors abuse their authority

Employees experience many different types of rights violations every day and we have highlighted many of these situations on our blog. In this post, we will examine the role that some supervisors play in the violation of employee rights in the workplace. Unfortunately, some supervisors choose to take advantage of subordinates and violate their rights in various ways, knowingly or even unknowingly, in some instances. Regardless, employee rights violations are never acceptable and those who have been subjected to these abuses should firmly stand their ground.

Supervisors who abuse their authority may behave inappropriately in a sexual manner, or their actions may be discriminatory or even violent, in some cases. Sometimes, a supervisor may feel as if they will not be disciplined for their actions, but they are not above the law. There are some workers who may be especially vulnerable when it comes to the mistreatment of workers, such as those who are unable to speak English well, those who are not aware of their rights or people who have a sense of desperation because they are experiencing financial challenges.

Discrimination during the application process

Often, when people think of discrimination in the workplace they picture someone losing their job or being treated improperly at work because of their gender, religious beliefs, age, etc. However, it is crucial to keep in mind that discrimination can also occur during the application process. Many people have been subjected to unlawful discrimination while trying to apply for a job and some do not even realize that the way they were treated was illegal. If you suspect that your rights were violated while applying for a position, do not hesitate to review your options.

Discrimination may take a number of forms when someone is applying for a position. For example, they may be told that they are not qualified to perform a particular job as a result of their age or their gender, even though they are fully qualified and could perform the duties associated with the position more efficiently than other people who are hired. In other instances, discrimination may not be so obvious and some applicants may not even realize that the sole reason they were turned down for a job was because of the year they were born or another unfair reason.

Facing accusations that your business breached its contract

Contracts are an essential part of any smooth-running business. Not only does a contract clearly define the expectations of each party, but it provides a framework for any litigation that results from claims that one party did not live up to those expectations. No matter what service your company provides, a clear and thorough contract signed by you and your client can be a strong safeguard.

Nevertheless, there is always the chance that your client will claim you have breached the contract. This is a serious claim, and many businesses have suffered crippling financial consequences in the face of such accusations. Understanding the concept of breach of contract may help you avoid it and know what to do to defend yourself against claims that you did not fulfill your contractual obligations.

Addressing unwanted sexual contact

We have gone over many different issues related to sexual harassment and gender discrimination on this blog, but some are especially upsetting for victims. Regrettably, some people have had to endure unwanted sexual contact in the workplace, without realizing that they have legal options following the unacceptable behavior. If you have been subjected to any physical contact that is sexual in nature and unwelcome while trying to perform your job, it is crucial to know exactly what your rights are and take action to hold responsible whoever violated your rights at once.

An employee may be subjected to a number of different kinds of unwanted sexual contact at work. For example, their buttocks, breasts or genital region may be groped by a co-worker or a manager. This is extremely unacceptable in any work space but it continues to occur, unfortunately. Someone who carries out this form of harassment (which may also constitute a more serious offense, depending on what took place) clearly has no regard for the rights of workers and must be held accountable. Sometimes, a person who makes unwanted physical contact with another may pretend as if the contact was accidental even though they knew exactly what they were doing.

Speaking out against minimum wage violations

From denied overtime to an employer's refusal to allow workers to take breaks that they are entitled to, we have provided various examples of employment law violations on this site. However, there are other challenging issues that can affect workers of all ages, such as minimum wage violations. Moreover, some workers may be especially vulnerable when it comes to minimum wage violations and other types of wage and hour issues, such as minors who may be working for the first time or those who cannot speak English very well, and it is crucial for those who suspect that they are being mistreated (such as the parents of a teen worker) to speak up.

In certain fields, especially those which may involve manual labor or less desirable job duties, some workers face an especially high risk of being paid less than minimum wage. Whether someone is completely unaware of the minimum wage laws in their state or they are paid less than the federal minimum wage in a way which violates a worker's legal rights, it is essential to hold accountable employers who fail to compensate workers properly.

What is the cost of sex-based discrimination?

Discrimination on the basis of an employee’s sex can be challenging for workers who are subjected to unlawful treatment and businesses alike. While workers may face humiliation and financial problems in their personal life, a business could have its good reputation destroyed and may run into additional problems with other workers. Preventing sex-based discrimination and taking action when an incident arises is crucial. Moreover, it is important for workers and their employers to be aware of the various costs associated with this type of discrimination.

The U.S. Equal Employment Opportunity Commission reports that throughout the fiscal year 2017, more than $135 million in monetary benefits for sex-based discrimination charges was awarded. However, it is important to bear in mind that there are other costs associated with this form of discrimination. From an employee’s perspective, discrimination can be damaging to one’s career, resulting in long-term financial challenges, and interfere with their life in other ways. For example, a worker who has been discriminated against may become less motivated or lose interest in various out-of-work activities.

What is the Pregnancy Discrimination Act?

We have covered many examples of unlawful discrimination on this blog, whether a worker is mistreated because of their sexual orientation or turned down for a position solely because of their older age. However, some people are surprised to find that there are many more ways in which workers are illegally discriminated against, such as those who are pregnant. It is crucial for employers and employees to be aware of the Pregnancy Discrimination Act for various reasons. Not only should employers do what they can to prevent these violations, but workers who are subjected to discrimination based on their pregnancy status should be prepared to stand for their rights.

According to the Equal Employment Opportunity Commission, the Pregnancy Discrimination Act amends the Civil Rights Act of 1984 by barring discrimination due to pregnancy. Moreover, there are other forms of discrimination related to pregnancy which are also prohibited, such as discrimination due to a related health issue or the birth of a child. Under this act, pregnant women must receive the same treatment as employees or job applicants with similar work abilities.

Personality challenges or legal harassment? How can you know?

Whether you've been employed at the same company for decades or just recently started a new job, you can likely relate to thousands of other California workers who say they have good days and bad days when it comes to their jobs. You too, may have some days where you wake up eager and excited to get to work and others where your head is pounding before lunch break, and you simply can't wait to go home.

If your headache has something to do with interactions with a co-worker, manager or several parties, you may wonder whether there's anything you can do or say to stop such problems from reoccurring. You may be experiencing the unfortunate occurrence of personality conflicts or rude behavior in the workplace, or you may be a victim of legal harassment. Determining which may impact your course of action to rectify your situation. There are support resources available to help you if the latter issue is the cause of your problems.

The career impact of gender discrimination

When people hear about gender discrimination, they may think of someone being treated unfairly at work or even losing their position. However, discrimination on the basis of gender can disrupt a person's entire career in various ways. Gender discrimination can also affect those who are not working and prevent them from securing a job they are interested in. In fact, some people may drop out of the workforce altogether as a direct result of discrimination they have experienced. From discrimination during the application process to unlawful termination and harassment, there are all sorts of ways that gender discrimination can disrupt someone's entire career.

Aside from the aforementioned concerns, gender discrimination can have a major emotional impact on victims. They may feel as if they do not have a voice, become depressed or simply give up because of what they have been through. Someone who is struggling with depression as a result of discrimination, for example, may be less motivated to apply themselves in future roles and pursue positions that best suit their skill set. Unfortunately, it is impossible to know the full impact of gender discrimination that occurs in the workplace, which is why it must be stamped out.

Speaking out against rampant wage theft

There are numerous examples of wage violations and many have been explored on this blog, such as denied overtime, denied breaks and the violation of a minor worker's rights. Wage theft takes many forms and may also involve the misclassification of employees, illegal deductions, or failing to pay a worker minimum wage. In some cases, a worker may not even be paid for their work at all. If you have experienced any form of wage theft, it is crucial for you to firmly stand up for your rights, which may involve filing a complaint or legal action. Moreover, if you have noticed that the rights of fellow workers have been violated, you should not remain silent.

Unfortunately, some people do not know their rights or are afraid to speak up, in which case you may be able to help by informing a co-worker that their legal rights have been violated or helping them understand what their options are. Navigating legal issues related to wage theft and other employee rights violations can be challenging, especially for someone who may not have much familiarity with the legal system or how to handle this type of case. However, there are a number of ways to take action and speaking with a legal professional may help.

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