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4 warning signs you are being illegally fired

You are going through the firing process and you have suspicions that what your employer is doing is not right. This may very well be the case. According to the American Civil Liberties Union, approximately 150,000 employees suffer wrongful disharge each year. 

But how do you know you are a victim of wrongful termination? Do you have the right to bring a lawsuit against your former employer? Here are some signs that you may be able to file a lawsuit.

To what extent are a California employee's politics protected?

A recent post on this blog discussed the noteworthy case of a Goggle software engineer's legal claim that he was the victim of political viewpoint discrimination, and specifically, got fired for expressing a minority political view.

As the previous post alluded to, California law prohibits employers from taking adverse action against an employee simply because of an employee's political positions and activities. There is no equivalent provision in the anti-discrimination laws of the federal government.

Ousted Google engineer sues for wrongful termination

Two former software engineers at Google, one who gained notoriety for a memorandum he circulated throughout the company, have alleged that Google unlawfully discriminated against them for their political viewpoints. They also claim unlawful discrimination based on race and sex, saying they experienced "reverse" discrimination since they were white males.

The political viewpoint component of these engineers' dispute is based on California law. The engineers allege that Google had a culture in which employees who were seen as "conservative" in their political persuasion got treated unfairly, particularly if their viewpoints were brought out in to the light. They are seeking class-action status, which would mean their lawsuit would extend to all other employees who have experienced wrongful termination or other forms of discrimination because of their political views.

Representing employees in their age discrimination cases

While a previous post discussed the warning signs of age discrimination, the first time some employees over 40 in Los Angeles, California, might realize something is amiss is when they get handed a pink slip along with what seems to them like a flimsy excuse for being fired or laid off.

Right after being treated in this way, an employee may not know to whom they can turn for help. After all, they still have to figure out how they are going to support themselves until they get another job, and they no doubt want to get started looking for new employment right away.

State wage laws more employee-friendly than federal laws

As this blog has mentioned on previous occasions, there are federal laws which establish the minimum amount employers must pay their employees, how long employers can make the employees work without paying overtime, etc.

A Los Angeles resident should be aware of these federal laws, as they exist for his or her protection against unscrupulous employers who might try to take advantage of him or her and pay too little.

How often does woman-on-man sexual harassment occur?

Sexual harassment has been a heavily reported topic in the news media these days, and that is not without good reason. A lot of women have had the courage of late to come forward and explain how men, who were usually in a position of power, took advantage of them in a work or other environment.

The whole issue being in the news might make Los Angeles residents wonder whether it is only women who can be victims of sexual harassment, and the answer to that question is a resounding "no."

Tips for your sexual harassment complaint

When you are being sexually harassed at work, no matter how small or how big the scope of the problem, documenting the harassment is important. This is true even if you think you might end up doing nothing about it. The more information you have, the more open you keep your options.

Now, supposing you do make a complaint about sexual harassment according to your office's protocols, follow a few tips.

Warning signs of age discrimination

As this blog has discussed on previous occasions, most Los Angeles, California, employees who are over the age of 40 enjoy special protections under both federal and state law. These protections, collectively, prohibit employers from engaging in age discrimination, which involves firing someone or taking other adverse actions simply because they are older.

However, the trick is proving that a person over 40 got terminated, disciplined or otherwise treated in a way they didn't like because of his or her age as opposed to some other, valid reason. Most employers, after all, know the law well enough to realize that it is not a good idea to go around openly admitting that they prefer younger workers and will take steps to get rid of older ones.

Review of California's whistleblower protections

Although California is still an employment at will state, the laws of this state actually protect employees from getting fired or facing other disciplinary or adverse action in a lot of different circumstances.

One such circumstance is when an employee either refuses to do something that breaks the law or chooses to report a law violation that he or she observes at work. An employee is also protected if he or she chooses to assist authorities in an investigation of his or her employee or a member of management.

To whom do I have to report sexual harassment?

When a Los Angeles employee gets sexually harassed, he or she may not want to talk about it at all, even before a judge or with his or her attorney. Sexual harassment is in almost all cases a very embarrassing thing to happen to someone, and it may mean rehashing some emotionally traumatic events that are also almost by definition lewd and degrading.

However, in order to establish that sexual harassment has occurred due to a hostile work environment and to hold one's employer accountable for that harassment in court, an employee must generally avail himself or herself of the employer's internal procedures in place to prevent sexual harassment, assuming of course that such procedures exist.

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Law Offices of Allan A. Sigel, P.C.

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