Rights As An Employee
The employer-employee relationship comes with a variety of rights and responsibilities. For the safety and security of current and former employees, it is important that employers do certain things and refrain from other things. Laws governing employer-employee relationships can vary by industry, and there are certain restaurant worker rights that especially or even exclusively apply for those individuals who are employed within the food service industry.
Restaurant laws for employees are not limited just to current employees. Some laws also extend to former employees as well–either from unjust issues that arose during the term of employment or even improper termination of that employment. Restaurant worker rights cover a range of issues including areas such as the legality of working “off the clock,” employee rights to self-organization, a denied workers’ compensation claim, violations of privacy, workplace safety concerns, sexual harassment, improper termination, and other issues.
It is important to protect your rights as a restaurant worker. If there has been an issue involving of an employer failing to meet legal obligations or having violated your rights as an employee of a restaurant, there may be standing to pursue legal action against that employer. That is why it is important to consult a restaurant worker rights lawyer to explore what are your best options.
A restaurant worker rights lawyer is a trained expert in handling cases involving those who are employed within the industry. It is important to turn to someone with this specialty, because there are certain things that do make the restaurant industry a bit different from some other employers.
If an employer in the restaurant industry has committed a potential violation of your rights, there is help available. We are experts in restaurant laws for employees. Contact our team of Los Angeles employment lawyers and we can assess your case and help you consider what options are available to you.
Proving Religious Discrimination in the Workplace
Religious discrimination is treating someone differently because of that person’s identification with a set of beliefs in general and a particular religion in particular.
Individuals may be treated unequally because of their religion or religious denomination, or even the lack of identification with a prevailing religion. Religious discrimination can arise in many different environments, but the legal profession sees the most cases in housing and workplace settings.
Proving Religious Discrimination
The United States enshrines in the U.S. Constitution the freedom of religion. Nonetheless, some workplaces feature a hostility towards religious minorities.
Since the 1970s, the United States Commission of Civil Rights has defined religious discrimination with reference to the 14th amendment rather than the first amendment per se. The 14th amendment safeguards equal protection under the law for religious minorities, although the 14th amendment was originally ratified with slavery in mind.
Today, the Equal Employment Opportunity Commission (EEOC) defines religious beliefs as theistic beliefs about God or, alternatively, moral beliefs regarding right and wrong that have the same fervor and impact as theistic beliefs about God. Ultimate ideas about “life, liberty, and death” are said to be core facets of religious beliefs by the EEOC.
Taunting that Creates a Hostile Work Environment
The EEOC says that these beliefs can be infringed in a number of different instances. Harassment based on an individual’s religious beliefs by a supervisor, co-worker, or contractor working for the company can all potentially be considered religious discrimination in the workplace.
One-off comments that are insensitive towards someone’s religion may not, in themselves, constitute workplace harassment. Repeated, severe, and frequent harassment that creates a hostile workplace environment could constitute religious discrimination.
If you feel you’ve been the victim of this kind of religious discrimination, then consider hiring a religious discrimination lawyer or a Los Angeles employment lawyer to review your case. A religious discrimination attorney can tell you what rights you have and whether
those rights may have been infringed.
Hiring, Firing, and Promotion
The laws surrounding religious discrimination in the workplace go far beyond severe taunting that fosters a hostile, offensive workplace environment. Hiring, firing, and promotion decisions that were impacted by religious discrimination are illegal.
Failure to Accommodate
Religious discrimination in the workplace cases have also revolved around a failure to provide religious accommodations. Forcing an employee to work on Sabbath or remove a hijab could be grounds for a religious discrimination case.
Preventing Racial Discrimination in the Workplace
Were you recently passed over for promotion with no adequate reason given? Were you singled out for extra punishment or made an example of while others got away scot free? If so, you may have been the victim of racial discrimination in the workplace.
If you believe this is the case, you need to do something about it. You can hire a team of race discrimination lawyers to fight on your behalf and to ensure that it will never happen again.
How Do Racial Discrimination Lawyers Define Workplace Prejudice?
Racial discrimination lawyers define workplace prejudice as any willful breach of the Civil Rights Act of 1964 as it pertains to unfair discrimination in the workplace. For example, if you have been singled out for punishment, such as extra hours or suspension from your job without pay, you may have been the victim of discrimination.
If you were passed over for promotion or subjected to humiliation, rude comments, or other forms of ridicule by your manager or workplace owner, you may have the basis of a workplace discrimination case. This is especially true if these incidents continue.
What Can Racial Discrimination Attorneys Do to Help You?
A team of expert racial discrimination attorneys can help you build your case and take it to court. They can help you collect and organize eyewitness statements and other documents that you will need to establish a coherent pattern of racial discrimination.
Your lawyer will also help you file your case and then present it in a court of law. They will coach you on how to avoid being intimidated by your manager or owner into dropping your case. They will also help you stand up to scrutiny from the opposing attorney so that you do not actually contradict your own testimony.
Contact Our Los Angeles Employment Lawyer Firm for More Information
If you believe that you have been the victim of racial discrimination, you need to take action right away. Your best bet will be to contact a reputable and experienced Los Angeles employment lawyer.
The firm of Mann Elias can help you gather up all of the documents and other evidence that you need to prove your case. We will then give you the representation you need to win your battle. Get in touch with us today to get started on getting the justice you need to put this unfortunate event behind you.
Pregnancy Discrimination Facts
The Pregnancy Discrimination Act protects women who are pregnant from being discriminated against as an applicant or employee of a business or organization. While it states pregnant women must be treated the same as other applicants or employees who can perform their duties in a similar fashion, some employers still defy these rules. If you are concerned about pregnancy discrimination in the workplace, here are some facts to keep in mind.
Hiring and Work Conditions
As long as a pregnant woman is able to perform the most important functions of her job, an employer is not allowed to refuse hiring her based on her condition. Also, an employer cannot refuse to hire a woman due to prejudices the employer, other employees, customers, or others may have in these situations, and pregnancy cannot be discriminated against in such areas as pay, promotions, or layoffs.
Under the PDA, pregnant women must be allowed to work at their jobs as long as they are able to do so. Also, if an employer qualifies for the Family Medical and Leave Act, they must grant the new mother as much as 12 weeks of leave time, which can be unpaid or paid if the employee has accrued enough leave time. If an employer fails to follow the rules of the FMLA as directed by the U.S. Department of Labor, contact a pregnancy discrimination attorney.
If a woman is unable to perform her job duties due to pregnancy, she must be afforded the same accommodations as any other employee who is temporarily disabled. This can take the form of light-duty assignments, modified tasks, or other alternative assignments. Also, any impairments resulting from pregnancy must be treated as required under the Americans with Disabilities Act, with the employer being required to provide reasonable accommodations, unless it can be proved that doing so would present an undue hardship on the employer.
Health Insurance and Benefits
If an employer provides health insurance and other benefits to employees, they must offer pregnant women access to those same benefits. If this is not occurring at your workplace, contact a pregnancy discrimination lawyer for assistance.
If you find yourself being discriminated against due to your pregnancy, don’t let an employer violate federal law. Instead, contact a Los Angeles employment lawyer at Mann & Elias to discuss your case.
Different Ways That You Can Challenge a Non-Compete Agreement
Different Ways That You Can Challenge a Non-Compete Agreement
A non compete agreement addresses several issues regarding employment. A non compete agreement prohibits employees from going to work with a competitor for a specific period of time. The agreement may also ban former employees from trying to poach other employees.
Keep in mind that non-compete agreements are governed by state law. The state of California enforces non-compete agreements based on the circumstances involving the issue. That’s why you may need to speak with a non compete attorney Los Angeles. The courts weigh multiple factors before deciding if a non compete agreement is valid. Some of those factors include whether the employer is at risk of being harmed, the specified time period, the interest of the public, the potential of the public, and the potential impact of the non compete agreement on the employer’s ability to earn a living. However, there are different ways that allow a non compete agreement lawyer Los Angeles to challenge the validity of it on your behalf and keep the agreement from being enforced.
If you and your Los Angeles employment lawyer can prove that your former employer engaged in dishonest behavior toward the customers, you have a good case to challenge a non compete agreement because the employer will not want the fact that they engaged in illegal business acts to be made public.
You Haven’t Broken Any Terms
Get a copy of your contract from your previous employer. Read over the contract, as it’s possible that you did not violate any terms involving a non compete agreement.
The Terms Are Too Strict
It’s possible that your employer’s limitations are too general. For example, if the company is only operating in one state, they can not stop from you pursuing work in another state. You should also be aware that a non compete agreement cannot keep your from working in an entire industry. Consult with a non compete agreement attorney Los Angeles if you are concerned that the terms of your non compete agreement are unreasonable.
You Signed The Agreement Under False Pretenses
Were there any promises made to you if you agreed to sign a non compete agreement and then those promises were not met? That is one example of you signing a non compete agreement under false pretenses. Make sure that any promises that were made to you verbally are put into writing. Written responses can be used as evidence if you pursue legal action.
National Origin Discrimination Examples
National Origin Discrimination Examples
Discrimination due to national origin occurs when job applicants or actual employees are treated negatively because they are from a certain country or geographical location. It might also occur because of ethnicity, an accent or even through the mistaken belief that a person is from a different part of the world that he or she is actually from. Employers, employees or prospective employees who are from the same national origin can be found to have discriminated against someone of the same national origin. An employer might even discriminate against a person who is married to or associates with a person of a particular national origin.
national origin discrimination in the workplace can negatively impact a person’s personal and professional life and goals. A Los Angeles employment lawyer from our office will work tirelessly to obtain a favorable disposition of your case. Our objective is for our clients to be compensated for the discrimination that they have suffered while we assist them in advancing their personal lives and professional careers. Our law firm works with national origin discrimination cases in the workplace. If you have been experiencing national origin discrimination, or you have been retaliated against for opposing it, you’re probably protected by state and federal laws that prohibit it. That retaliation might consist of:
- Refusal to hire
- A transfer with unfavorable job responsibilities
- Verbal abuse
- Being fired
- Other forms of retaliation
- Put Our Experience on Your Side
A national origin discrimination case is nothing that you want to try to represent yourself in. A Los Angeles employment discrimination lawyer is in a far better position to handle your claim than you are. The interaction between state and federal discrimination statutes and regulations is complex and confusing. Legal requirements must be strictly complied with in order to move forward with your case. Our law firm is highly experienced in litigating employment discrimination claims and compelling employers to fulfill their legal duty to treat employees fairly and equally.
If you have been the victim of national origin discrimination or have otherwise suffered retaliation for objecting to your own unlawful treatment, contact us to arrange for a free consultation and case assessment with a national discrimination lawyer from our law firm. We’re going to listen to you carefully and answer your questions too. After that, we are going to advise you on any legal options that you might be able to exercise.
How to Combat Gender Discrimination in the Workplace
Gender discrimination in the workplace has become an incredibly hot topic in many industries. While there are certainly programs that have been put in place to stop overt discrimination, a good gender discrimination attorney would be remiss not to point out that such discrimination can still occur. As such, it’s important that you obtain the advice of gender discrimination lawyers and look at further ways to fight gender discrimination.
The best way to start combating discrimination is by increasing the diversity of your workplace. It’s important to look at your business as a whole and figure out which departments look like they’re not as diverse as they should be. A major mistake made by businesses is to pursue more diverse employees but to secret them all away in one department, leading to a business that still looks like a mono-culture from the outside.
Once you start to develop a more diverse workforce, you can start to look at your culture. It’s important to make sure that your management teams include members of both genders and that you’re not sending the message that leadership is only for certain people. It’s also very important that the people leading the charge for more diversity do so from the top, setting an example for the rest of your workforce.
Finally, it’s important to ensure that you’re constantly looking at ways to improve the diversity of your business. Don’t set up a plan and stick to it even if it isn’t working. Instead, make sure that you’re constantly looking for ways to do better and to make more of an impact. Give yourself a deadline to accomplish certain diversity goals and then meet to determine why you have or have not been successful. Looking at the way you work can reveal quite a bit about how your business deals with gender.
It’s always important to approach gender diversity with the right mindset. Make it a priority for your business, one that’s more about adapting your business to the modern market than it as about filling quotas or maintaining a corporate image. Not only will improving your diversity help you to reach out to a more diverse customer base, but it will also help to protect your business from accusations of discrimination. If you or your business need help with issues surrounding gender discrimination or any other facet of employment law, make sure to contact a Los Angeles employment lawyer at Mann Elias today.
Can I sue my employer for violating FMLA?
You may have heard of incidents where employees have sued their employers for violations of the FMLA and received large sums in judgment amounts. If you’re in a similar scenario with your employer violating the FMLA, you may be considering taking legal action. However, this comes along with many questions, such as do you have enough evidence to win and will the damages you get rewarded be worth the effort?
What Is The FMLA?
The FMLA is an abbreviation for the Family and Medical Leave Act. This guarantees employees up to 12 weeks of unpaid leave each year with no threat of job loss. The reasons you can take this leave are:
- You’re unable to work due to a serious medical condition.
- You must care for an immediate family member that has a severe illness.
- You or your spouse just gave birth to a child or you’ve just adopted a child.
- In all of these scenarios, your employer must still maintain your usual health benefits.
What Compensation Can My Lawsuit Award?
A family medical leave lawyer can help you to fight your FMLA violation case against your employer. There are a few different types of damages that you can recover from your lawsuit. These include back pay, front pay, and attorney’s fees. Let’s take a closer look at each one of these specific types of awards below.
If you’ve been denied family medical leave and took the leave anyway, you may be entitled to back pay. This will be the payment of your regular wages for the period from when you were unable to work until a lawsuit is settled. For example, if you were denied medical leave two years ago and the case was just decided by the courts, then you will be entitled to two full years of back pay.
Once your Los Angeles employment lawyer gets your case decided, it may be determined that you’re unable to work for the employer in the future. This could simply be the animosity between the victim and the employer. For this reason, the court can award front pay which will be your regular pay for a set period of time which the court determines in which you won’t be able to find an equivalent job.
Any attorney for family medical leave is going to charge a fee for representing you. Luckily, if you win your case, you can get awarded the money to pay the bill to your attorney. This can be especially helpful in cases that are drawn-out and require a substantial fee.
CA Jury Rejects Discrimination Claim From A Chipotle Employee
Lucia Cortez filed a discrimination claim against Chipotle Mexican Grill. However, a federal judge decided to rule in favor of the restaurant. Lucia said that she suffered a miscarriage while she was at work. She fell into a depression because she had been trying to get pregnant for years.
Lucia requested time off because of her medical issues. Her manager gave her 12 weeks of unpaid leave. Lucia later said that she would need an additional month off. Her manager gave her another courtesy month off. She later got another month off after she contacted the employee benefits center.
Chipotle asked Lucia to provide medical documentation, but she failed to do that. The restaurant told her that her position was going to be given to another person. Lucia asked to be put back on the schedule. However, Chipotle would not let her work until she gave her manager medical documentation that said she would be able to work again.
Lucia was eventually fired because she never provided the medical documentation. However, Chipotle said that she would be able to get her job back if she re-applied for it. They also said that she would not lose any of her benefits if she re-applied for the job.
Lucia decided to sue the restaurant instead of re-applying for the job. The jury ruled in favor of the restaurant because they found that the reason she lost her job was because she did not return to work. They also found that Chipotle did everything that they could to accommodate the woman’s medical condition.
Employers are able to request medical documentation saying that a person is fit to return to work after medical leave.
Disability discrimination in the workplace is a common occurrence. The good news is that you can call a disability discrimination lawyer for advice and legal assistance. A disability discrimination attorney Los Angeles can help you get compensated.
Can A Company Withhold Commission Payment
The Fair Labor Standards Act sets rules regarding overtime and minimum wage payment. However, it does not set rules regarding unpaid commissions. State law dictates whether an attorney can withhold commission payment.
Employers and employees have a contract that details how commission will be paid and when it will be paid. If the contract does not say that the employer can withhold commissions, then they have to pay a person according to the terms of the contract. State law dictates the terms of paying commission.
In Texas, the employer has to follow all of the terms of the written agreement. The state of Texas has stated that any agreements that are made orally can also be enforced. However, California and New York require that a written agreement be made.
How Does State Law Affect Employees Who Been Terminated?
State law may stop the employer from withholding commission payments even if the employee has been terminated. In the state of Maryland, employers must pay all commissions regardless of whether the person is fired or quits. An employer may have to pay damages, legal fees and three times the amount that is owed.
State laws can vary widely. That is why it is a good idea to consult with a commission dispute attorney specific to your state.
How Deductions are Applied
Employers have to withhold wage garnishments and payroll taxes from commissions. However, this is also dependent on state law. In Texas, an employer can take child support payments from a commission check. However, the employer has to talk to the attorney general if the lump sum amount exceeds $500.
Some states require that all of an employee’s earned wages be included in their final paycheck, which includes commissions. The commissions must be earned during the time that the written agreement was enforced. The past dealings of the employer and employee will determine how commissions are paid if the agreement does not address this.