Category Archives: Uncategorized

Attorney Fees For Wage and Overtime Cases

When you go to work each day, you expect to be paid in a fair manner. Unfortunately, this does not always happen. Many times, employers will fail to pay employees overtime wages to which they are entitled, or may violate other wage laws. In these cases, the only recourse for employees is to enlist the services of wage and hour lawyers who can explain the various options you may have available. But when doing so, you may wonder how much these legal services will cost. To learn more about this, here are the most typical financial arrangements clients and lawyers have in these situations.

Hourly Fees
Since employers are required to follow state and federal laws pertaining to minimum wage, overtime, and meal and rest breaks, you may have many issues to discuss with our employment lawyers in Los Angeles. In some instances where you don’t expect to file a lawsuit, it may be best to hire a lawyer on an hourly basis. This works well if you want the attorney to conduct informal negotiations with your employer, or perhaps file a claim with your state’s labor commissioner.

Contingent Fees
On the other hand, if you and your Los Angeles overtime attorney agree filing a lawsuit against your employer is the best course of action, your attorney may work on a contingent fee basis. In these situations, this will entail you and your attorney agreeing to a set percentage of the total amount recovered in the lawsuit. Generally, this will be in the range of 30-40 percent, no matter whether the case is settled in court or if an out-of-court settlement is negotiated. However, you will not have to pay anything until your case is settled.

Have a Written Agreement
No matter what type of fee agreement you have with your attorney, make sure everything is put in writing and clearly spelled out so that you understand all the details associated with the agreement. Since most states require lawyers to put their fee agreements in writing, this should be easy to accomplish. However, whether or not this is required in your state, always ask your attorney to do so. Once done, this will lessen the likelihood of any misunderstandings between you and your attorney.

If you are in need of overtime lawyers Los Angeles, you can trust the lawyers at Mann & Elias. Rather than let your employer cheat you out of the pay you deserve, schedule a consultation with Mann & Elias immediately.

Can I Sue for Wrongful Termination if I Signed a Severance Package?

Can I Sue for Wrongful Termination if I Signed a Severance Package?

Have you recently had changes in your employment and want to explore all of your options regarding your rights to sue your employer? Perhaps you have received a severance package and are concerned about being able to take any further action against your employer. No matter the reason, you need severance package lawyers to advise you before moving forward with a lawsuit.

Severance Packages
A severance package is usually some form of payment and/or benefits given to the employee after they have lost their job. This helps them to continue to provide for themselves and their family as they look for new employment. In some states, severance is required, especially for employers that layoff a large number of people.

Release Forms
There are some employers that require the employee to sign a release if they accept a severance package. This means the employee gives up the right to sue the employer for anything related to the employment stated in the release. Prior to signing a release, a severance pay lawyer should be contacted by the employee to make sure they understand the agreement.

Can You Sue After Signing a Severance Agreement?
If the severance package didn’t include a release, you can continue with a lawsuit against your employer. However, if you signed a release, it can be more difficult. A Los Angeles severance pay lawyer will likely advise you to use one of the following reasons to void the release:

  • Nothing was received in return for the release
  • The release was not signed voluntarily
  • The employee was unaware of what they were agreeing to

The employee was not informed of their rights under the ADEA (Age Discrimination in Employment Act). This act allows the employee to have more time to consider the release before it is final.

At Mann & Elias, our experienced employment lawyers will assist you in facing your employer when you seek further legal action against them. We will walk you through the process and provide you with detailed information every step of the way. Contact us for a consultation and let us help you get the rights you deserve.

How to Prove Retaliation in the Workplace

 

If you have been harassed or discriminated against at work, you have the right to file a claim. If you find yourself undergoing these issues, you should speak to your employer about them. Your employer may not legally punish you for asserting this right. However, we don’t live in a perfect world and retaliation does happen. This is when it’s time to file a claim with the Equal Employment Opportunity Commission, or EEOC for short.

When you go to file a claim with the EEOC, it’s a good idea to work with workplace retaliation lawyers as they have the knowledge and expertise to help fight for your rights. It’s never really a good idea to file a claim on your own, as you may not have the in-depth knowledge you need to win your case. When proving a workplace retaliation lawsuit, your retaliation attorney will be focused on three key elements. These include:

1.) The fact that you engaged in a protected activity.
2.) Your employer took action against you.
3.) There is a link between the protected activity and your employer’s action.

After reading through these key elements to prove your workplace retaliation case, you’re likely wondering what a protected activity is. According to the Federal Law Title VII Section 1981 of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans With Disabilities Act, employers are prohibited from retaliating against employees who are engaged in protected activities. These activities are broken down into two main categories, which include opposition and participation.

Opposition: As an employer, you cannot ask an employee to do any illegal activity. As an employee, you have the legal right to oppose doing the illegal action that your employer asks of you. This opposition is considered a protected activity.

Participation: As an employee, you are protected from retaliation from your employer when you file a charge with the EEOC, participate in an investigation regarding a claim, or take part in any harassment or discrimination lawsuit. Any employees who actively participate in a claim will be covered under this part of the protected activities stated by the law. Your workplace retaliation attorney can help you to discover what these specific situations are.

Your employee lawyers in Los Angeles will need to prove that your employer made a negative action against you. This is considered any materially adverse action against you. Some examples of materially adverse actions against you include negative evaluations, transfer, salary reduction, change in job assignment, discipline, firing, change in shift, or any other change in terms of your employment condition.

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.

Maternity Leave
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.

Temporary Disability
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.

Dishonest Employer
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.

You’re Protected
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.