El Segundo Employment Law Blog

Key warning signs of workplace discrimination

On behalf of Barrera & Associates, Attorneys posted in workplace discrimination on Friday, January 11, 2019.

Workplace discrimination can be difficult to identify if you do not fully understand what it is. If you have been feeling uncomfortable at work or you believe that you have needlessly missed out on promotion opportunities, it is important that you take a step back and reflect upon the way you are treated and whether it could constitute discrimination.

There are several warning signs of office environments that are discriminatory in nature. Discrimination in the workplace is defined as treating employees unfairly based upon a characteristic that is protected by law. This could be your age, gender, disability, race or religion. The following are some of the ways you can become aware of inherent discrimination in your workplace.

Negotiating severance pay in California

On behalf of Barrera & Associates, Attorneys posted in employment law on Friday, December 28, 2018.

If you have recently had your employment terminated in the state of California, it is likely that you will be feeling quite shocked and worried about your future. It is common for employers to disregard the rights of their employees during the process of employment termination, whether intentionally or intentionally. This is why it is important that you familiarize yourself on your rights to seek and negotiate severance pay.

There are several ways in which severance pay can be distributed in the state of California. It may be that you are given a lump-sum payment after your employment termination, or you may continue to receive payments for a certain period of time after you stop working for the company.

Should I pursue a class action lawsuit for unpaid overtime?

On behalf of Barrera & Associates, Attorneys posted in wage and hour claims on Friday, December 14, 2018.

All employees in the state of California have the right to be paid overtime if they are eligible under the Fair Labor Standards Act (FLSA). However, many employers fall short on payment responsibilities regarding their employees. Some employees are owed months or even years of unpaid overtime, which in some cases can amount to thousands of dollars.

If you believe that you are owed unpaid overtime in the state of California, it is important that you take the time to understand your legal rights to reclaiming it back. Many workers who are owed unpaid overtime opt to pursue a class action lawsuit. If you are considering pursuing a class action lawsuit, it is important that you understand the nature of making such a claim.

Former Beverly Hills police captain settles discrimination suit

On behalf of Barrera & Associates, Attorneys on Friday, December 7, 2018.

A former police captain for the Beverly Hills Police Department filed a lawsuit alleging he faced discrimination based on his age and religion at work. According to CBS Los Angeles, the city agreed to a $2.3 million settlement. Rosen’s case was scheduled to go to trial next week, but as part of his settlement, he will now retire this week.

How am I protected as a whistleblower?

On behalf of Barrera & Associates, Attorneys posted in employment law on Friday, November 30, 2018.

If you notice that there are illegal or unjust activities happening in your workplace, you may have reservations about reporting them because you are worried about how it might affect your career.

It is likely that you aware of the whistleblower protections in place in the state of California, but you may be uncertain about the nature of these protections. It is very important that you conduct adequate research regarding whistleblower protections, especially if you believe that you have been subject to retaliation as a result.

How to fight against sexual harassment at work

On behalf of Barrera & Associates, Attorneys posted in workplace sexual harassment on Monday, November 12, 2018.

Even with state and federal laws in place to deter sexual harassment at work, some people cross the line. If you're the victim, you need to understand your legal rights and the steps you can take to immediately bring an end to the other person's behavior.

Here are several steps to take if you need to fight against sexual harassment at work:

Speak your mind: Let your harasser know that they are in the wrong and that you're not going to stand for their poor behavior any longer. It's your hope that speaking up will scare the person into stopping.
Read your employee handbook: It's here that you're likely to find information on reporting sexual harassment and the steps to take in the immediate future.
Report it: Make sure your company knows what's happening. This can include your supervisor, company owner and/or HR department. You don't want to keep the harassment to yourself.
Keep records of everything: For example, if you have evidence proving you are a victim, save it in a safe place. Also, record any correspondence you have with your company.
File an administrative charge: If you don't get the answers you want, you can file an administrative charge with your state or federal government.

Why do employers retaliate against their workers?

On behalf of Barrera & Associates, Attorneys posted in employer retaliation and wrongful termination on Friday, November 2, 2018.

The United States Equal Employment Opportunity Commission (EEOC) defines retaliation as any type of punishment that a job applicant or employee faces for voicing their desire not be harassed or discriminated against. According to the EEOC, although retaliation is illegal, it's the primary form of discrimination that those working in the federal sector endure.

One all-too-common reason an individual may face retaliation is because they resist the sexual advances of a co-worker, supervisor or manager or because they step in and stand up for another employee facing the same.

Southern California college employee files sexual harassment suit

On behalf of Barrera & Associates, Attorneys posted in workplace sexual harassment on Thursday, October 18, 2018.

An official at Marymount California University contends she was put on administrative leave because she denied the advances of the former school president, and she has filed a lawsuit alleging sexual harassment.

The woman, who is the school's chief financial officer, filed her suit two weeks after a female associate dean filed a similar lawsuit.

After claiming discrimination, employer retaliation is illegal

On behalf of Barrera & Associates, Attorneys on Friday, October 5, 2018.

You face discrimination in your workplace. Whether you hear offensive comments about your protected class, you do not receive your anticipated promotion because of your outward appearance, or you did not receive an invite to the company party due to your religion, you have the authority to bring a claim against your employer for compensation.

However, you worry that your employer will treat you with disrespect upon bringing your allegations forward. Even if you rightfully obtain your compensation for facing workplace discrimination and stay at the company, you feel as though your employer will force you out of the organization. In the United States, by law, you cannot face any type of retaliation for bringing a discrimination claim forward. The Equal Employment Opportunity Commission (EEOC) offers the freedom from potential retaliation to encourage those facing discrimination to come forward without fear of losing their jobs.

Workplace roles can be a sign of discrimination

On behalf of Barrera & Associates, Attorneys posted in workplace discrimination on Wednesday, October 3, 2018.

Every workplace in California is supposed to offer the same opportunities to people of all ages, races, genders, etc. Discrimination is illegal, but it still happens, and employees need to know what to watch out for. One potential issue is when workplace roles do not appear fair.

For instance, maybe your boss hires both men and women at a roughly equal rate. That seems fair, but take a look at the jobs those people are given. Perhaps the men become supervisors and quickly work up the corporate ladder. The women, meanwhile, just get dead-end jobs answering phones and doing secretarial work. While the gender breakdown of the office is equal, it is clear that both genders are not being treated equally.