Category: Employment Discrimination

Discrimination

Ways To Uncover And Prove Wrongful Termination

Being terminated from a job has to be one of the hardest things that can happen in a person’s career. It’s hard under any circumstances, but when an employee feels that they have been wrongfully terminated, it’s even worse. Unless blatant, wrongful termination is difficult to prove and requires the employee to document as much as possible and seek effective legal representation from experienced attorneys.

After termination, the first thing that should happen is a full and honest evaluation with the attorneys at Aegis Law Firm. A terminated employee will feel hurt, shocked, scared, and perhaps worst of all, inadequate. Let’s be honest. No one thinks they have been terminated for cause, even if they know they have. An employee’s first reaction is usually to get angry at the firm or boss who terminated them and look for blame. It is from this mindset that an employee may rush to a determination that it was a case of wrongful termination. This is why a thoughtful and thorough evaluation is important.

For the employee who feels strongly that they have been wrongfully terminated, the post job evaluation will involve a review of the issues faced during employment, and that employee will most likely have already started building a case through documentation. In many cases, wrongful termination begins long before the employee is let go. Employee may notice a change in attitude from a boss after making a complaint about an actual or perceived illegal activity. This type of wrongful termination is called retaliation and can be a case. Another type of wrongful termination is due to discrimination. One example of discrimination is if an employee is being pushed out due to their sex, race or sexual orientation. A strong signal of wrongful termination may be positive reviews up to the termination. For this reason keeping any performance reviews, emails, or other correspondence is valuable.

Something employees often overlook is understanding the legal and regulatory structure of the cities and states they live in. Most states are “at will”, which allows an employer to terminate workers without giving them a reason why. Understanding the laws and regulations that are in place in the jurisdiction you live in will provide you with valuable knowledge from which to make a good decision.

During the termination an employee may want to ask for the reason why they are being let go. They should take physical or at the very least mental notes, and write down their memories as soon as they can after the meeting. Many employers will not give a specific reason in these termination meetings. Still, sometimes, an employer may discuss the issues that led to termination. In these cases, an employee should listen carefully and see if things make sense. For example, the employer may say that economic conditions led to job cuts. In that case, it should be fairly easy for the employee to determine whether or not that is the truth. How many other employees were let go? Is the national or local economy in a slow down or recession? Has the work at this particular company slowed down? Has there been internal talk of a drop off in revenue or a loss? If it’s a public company that information is readily available.

Finally, use notes and documentation to determine if there was any hint of discriminatory or retaliation behavior prior to termination. If a terminated employee can make the case for discrimination or retaliation, the termination may have been a wrongful one.

In all cases of wrongful termination, victims need to seek professional legal advice and if it is determined that they have a case, move forward to get redress. If you would like a free consultation with a wrongful termination attorney visit our free case evaluation page – http://www.aegislawfirm.com/free-case-evaluation/.

Japanese Employee Dies from Exhaustion – How ‘Salaryman’ Culture Affects the Workforce

Japanese Employee Dies from Exhaustion – How ‘Salaryman’ Culture Affects the Workforce

The circumstances surrounding the death of 31 year old Miwa Sado have just been made public, though she passed away in 2013. Sado was a political reporter, and an overworked one at that – which it has now been revealed was the cause of her death by heart failure. NHK (Sado’s former employer) reported that she had worked about 159 hours of overtime in the month before her death. This means that she was working in just one week what most full time employees clock in a full (two week) pay period.

Stories such as Sado’s are not unfamiliar to Japanese culture – they even have a special term for it, “karoshi” which translates to “death by overwork”. The term was originally coined in the 1970s as Japan’s economy boomed. Labor lawyers and civil rights groups have been pressing for legislative change since the 1980s, but the trend has continued in spite of this.

In December 2015, a similar tragedy took place. Matsuri Takashi, a 24 year old employee of Dentsu, an advertising agency, jumped to her death from the company dormitory. “Ms. Takashi’s death was caused by serious depression triggered by overwork and harassment,” Hiroshi Kawahito, a lawyer representing her case, told CNN Money. In the month leading to her death, Takashi clocked about 105 hours of overtime, according to investigators. After concluding its investigation, Dentsu announced that they would be capping overtime hours to a maximum of 65 per month.

But how do work hours measure up across different countries? According to the International Labour Organization, Americans work an average of 137 hours more per year than Japanese workers. The United States is arguably the most overworked developed nation in the world – and it comes down to more than just hours worked per week.

  • The United States is the only industrialized country which has no legally required annual leave program – even Japanese workers are required to receive 10 days off per year
  • The United States is not one of the 134 countries which sets a limit on maximum hours worked per week
  • There is no federal law requiring paid sick days in the United States
  • The U.S. is the only country in the Americas without paid parental leave (maternal or paternal) to care for/bond with new children – the average in most other countries is 12 weeks of paid leave and 20 weeks of paid leave throughout Europe.

 

Sources:

https://20somethingfinance.com/american-hours-worked-productivity-vacation/

https://www.usatoday.com/story/news/world/2017/10/06/japan-struggles-karoshi-death-overwork-after-deaths-2-young-women/738915001/

http://money.cnn.com/2017/10/05/news/japan-work-overwork-woman-dies-karoshi/index.html

Sexual Harassment Lawyer

Seeking Legal Help for Sexual Harassment

You’ve done your research, you’ve become familiar with your company sexual harassment policy, and you’ve come to the conclusion that you are being sexually harassed. Now what? What steps can you take to make sure the sexual harassment stops, and what are your options if it doesn’t stop? These are very important questions and how one finds the answers determines whether there will be a positive outcome.

Taking the steps to stop sexual harassment begins in the workplace, and may or may not end with legal action. The steps taken and decisions made at every point in the process can make seeking help easier if those steps and decisions are the right ones. If legal help is eventually needed and sought, there are some things that need to be done early. Once sexual harassment is suspected or identified, the victim needs to immediately report the activity to Human Resources. It is also important to speak with a trusted friend or advisor and detail the activity. One important action that can be taken is to keep any and all emails and or recorded messages which will be of great help during a future case. Experts continually stress that there is nothing more important in a sexual harassment action than thorough documentation of the activity and actions taken to counter it.

Seeking legal help for sexual harassment can be an intimidating process. The first step is to investigate the many law firms that practice employment law. Luckily in our modern world, this research can begin online, where information is readily available about potential representation. You should look into reviews from clients, the type of law the firm practices, the number of attorneys who practice employment law in the firm, and how many years of experience they have in employment law. During this consultation, it will be important to have an open and honest conversation with the attorney about the sexual harassment claims and actions taken. It will also be important to present the evidence gathered over time in order to make the best possible case and lead to the best possible outcome.

Contact Aegis Law firm directly at (949) 379-6250 or learn more about our sexual harassment services https://www.aegislawfirm.com/ca-employment-law-practice-areas/orange-county-los-angeles-sexual-harassment-attorney/

Sexual Harassment Attorney

The Signs of Sexual Harassment Are Not Always Obvious

Sexual Harassment: It’s possibly the most serious issue in the workplace. When sexual harassment occurs it disrupts the workplace, is costly in terms of morale/productivity, and leaves emotional (or sometimes physical) scars that can ruin careers. For employees, it is extremely important to recognize when sexual harassment is happening, and to know what can be done about it.

Although it may seem counter intuitive, it is not always obvious that sexual harassment is occurring. Most employees can recognize obvious sexual harassment. An employee that is being touched inappropriately or groped has a strong argument for being sexually harassed. The same goes when an employee’s co-worker consistently uses sexually suggestive language, whistles or makes other lewd noises, gives inappropriate gifts, tells jokes of a sexual nature or attempts to show that employee pornographic material. Often, the individual engaging in such behavior will laugh it off as a joke, or suggest that everyone is just part of the same group of friends and no one should take such action or language seriously. The fact is that sexual conduct, language, or insinuations are never appropriate in a workplace and most companies have written policies making that clear.

Sexual harassment does not stop at explicit words and actions, though. Often, employees are in an atmosphere of sexual harassment and don’t recognize it. Sexual harassment can be against both women and men, and some policies and even court decisions are starting to use the term “gender harassment” to cover inappropriate language or actions based on sexual orientation. Sexual harassment based on one employee’s sexual attraction to another is what most people think of, but often one employee may not like another because they are female or male, or because they are gay, lesbian or transgender. In those instances, sexual harassment may be harder to recognize.

In those cases, sexual harassment could take the form of demeaning language or a situation where an employee finds themselves constantly berated. They might be excluded from groups or major company initiatives and/or given fewer assignments. In companies where there are multiple offices and locations, an employee may suddenly be relocated, often to an office or territory that is less desirable. Instead of being excluded from good assignments, an employee may be given a very difficult, often impossible assignment. In these cases, sexual harassment is subtle and based on a dislike due to gender, and often designed to get an employee to quit.

What can an employee do if they feel sexually harassed? Experts advise not to quit, but rather fight back. This is not easy, and requires research and perseverance. Begin by finding, reading, and understanding the company policy against sexual harassment. Report any uncomfortable instances immediately in writing. In many cases, it is a subordinate engaging in behavior that can be construed as sexual harassment, so if a company has an HR department, make the complaint to them and not to a direct supervisor.  Reporting will often initiate an investigation, and anyone who feels sexually harassed should understand that a company must be an impartial agent, and investigate all accusations, interview all parties and listen to all sides. This is where perseverance comes into play. Continue to report instances and create a paper trail that shows a pattern. Ideally, the situation is resolved and the work environment improves. But in many cases, things don’t turn out that way. Anyone who suspects they are being sexually harassed can and should seek legal advice to protect themselves and their career.

If you are looking for a sexual harassment lawyer to protect your rights contact us for a free case evaluation at (949) 379-6250.

Sexual Harassment Attorney

To Call or Not to Call – Why You Need a Sexual Harassment Attorney

Are you afraid to talk to a lawyer?
Do you think you might need a sexual harassment attorney?

Our country is in the midst of turbulent change, particularly regarding social matters. Issues such as racial and gender equality lead the forefront, calling upon those in power (and well, all of us really) to take a stand against civil injustice.

One of the prominent ideals of gender equality (namely Feminism) is the notion that women do not have to silently accept unwanted attention – regardless of whether others perceive it as “positive” or “negative” attention. Be it from men cat calling as she walks down the street, or a boss who promises career advancement in exchange for a romantic relationship, the boundaries of what is acceptable/complimentary/”just locker room talk” are evolving.

Despite the positive changes which are slowly but surely taking place, women still face antiquated expectations and outlandish double standards. Men who have many sexual partners are “experienced” while a woman is a “slut”. We are constantly told to smile more (something you rarely heard said to a man), “give the guy a chance” even if we aren’t attracted to them, and that sexual assault can be expected if we don’t choose our outfits carefully enough.

For a woman experiencing sexual harassment in the workplace, the stakes are raised tenfold. It isn’t just about your physical safety anymore, it’s also about financial security. You are placed in the difficult position of weighing the options – make a complaint and risk retaliation such as termination, or put up with the heinous behavior that you know you do not deserve. This behavior, of course, may rear its ugly head in a variety of different forms. Maybe the guy at the desk next to you constantly makes sexual jokes, though he knows they make you feel uncomfortable. Or perhaps your boss texts you too late at night, talking about how he “wishes you were there with him” (ew, I’m tired and just want to get to sleep). Then there are the more obvious, more worrisome, and unfortunately more frequent examples – the one who tries to get you alone, the one that stands too close to you or follows you whenever you get up to go to the bathroom, or most awful of all, the one that for some reason thinks it’s okay to touch you without your consent.

The implications can be terrifying when you see stories like these in the news everyday (or even due to the news…I’m looking at you, Fox News). Who knows what this person is capable of? On the other hand, if you complain and lose your job, how will you pay rent? Put gas in the car? Feed your family? Many women determine that the financial aspect takes precedence, usually because they feel alone and don’t know what their options are.

But What To Do?

This is the point where an experienced sexual harassment attorney needs to step in on your behalf. Your livelihood and peace of mind are not something to hesitate protecting, and that is what a sexual harassment attorney can help you do. Whether you are still employed or have been terminated, contacting an attorney is the best course of action. Naturally, the thought of reaching out to a sexual harassment attorney can be a stressful experience as well, especially if it’s the first time you’ve had to do so. But rest assured that it is the best way to protect yourself, your job, or possibly others who might be facing the same behavior from the harasser. At many firms (such as our own), the initial contact is completely confidential and without obligation. After gathering the basic information, an attorney will evaluate your situation and invite you in for a free consultation where your options will be discussed. It’s hassle free, and at the very least will give you an idea of where you stand.

Never be afraid to act in your own best interest. You are worth it!

For more information on how to obtain a sexual harassment attorney, see our page on the topic.