When a woman finds out that she’s pregnant, it’s supposed to be a happy time. But for many women across the country, discovering that they are pregnant could affect their jobs statuses. Some employers practice pregnancy discrimination, meaning they will refuse to hire or will demote women for making plans to start a family.
It is against Federal law to discriminate against a female employee or job candidate for becoming pregnant or expressing an interest in becoming pregnant. Unfortunately, as this news report highlights, pregnancy discrimination happens more often then you might think. By sharing the story of a woman who faced pregnancy discrimination, this report sheds light on this growing employment law problem.
If you believe that you are a victim of pregnancy discrimination in San Jose, the Advocacy Center For Employment Law can help. Call (408) 600-1972 to schedule a meeting with one of our experienced employment discrimination lawyers.
Sexual harassment encompasses everything from leering eyes to inappropriate jokes and unwanted touching. Victims may feel trapped by a hostile environment, afraid that speaking up will lead to termination. However, federal and state laws protect victims in most cases of discrimination and allow them to sue employers who do not comply. This is an overview of some of the most common types of sexual harassment:
Quid Pro Quo
This is one of the most common types of sexual harassment because it works through passive or active intimidation. In Latin, “quid pro quo” means one thing for another thing. In the realm of sexual harassment, this often means that one employee is forced to endure inappropriate conduct for fear of being fired or otherwise reprimanded. Supervisors may threaten a subordinate’s promotion or bonus is he or she does not play along.
Hostile Work Environment
Another type of harassment consists of many inappropriate acts that combine to create an unsafe or uncomfortable work place. A victim of a hostile work environment may face taunting or other unwanted remarks from multiple coworkers who are engaged in belittling him or her due to their gender or sexual preference. Once reported up the chain of command, companies have a duty to stop the problem. If they choose not to, the company can be sued for financial damages in a court of law.
Anything In Between
If you find yourself uncomfortable in the workplace because of the sexually charged comments and gestures made by other workers, you have every right to ask for this to stop. Consult a manager or human resources staffer to learn about your company’s EEO process.
San Jose employees looking to learn more about their legal rights should turn to Advocacy Center for Employment Law. We have been representing victims of both genders for over thirty years, so (888) 703-2911 to see how our team can help you recover financial damages for workplace harassment. Do not let harassment end your career; call us today to learn how our sexual harassment lawyers can help.
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It seems like personal privacy is more important in this day and age than ever before, and this is especially true in the workplace. As workers become more connected to their work emails and files during nonstandard times, the distinction between acceptable monitoring and an invasion of privacy can be hard to tell. This is a brief guide to privacy law from the employee perspective.
Apply the Reasonableness Standard
The Fourth Amendment protects all Americans from unreasonable searches and seizures by both employers and police. If your company wishes to search employees as they exit the building, it may do so along as it first establishes privacy guidelines and provides notice to all employees. If you suspect that the company is suddenly spying or misusing employee data, consult an employment attorney as soon as possible. You may be able to sue your employer for violating your Constitutional right to privacy.
Use Computers With Caution
When employers provide computers, laptops, and smartphone devices to their employees, the company retains every right to examine the data and contents on the phone whenever they see fit. In this vein, none of the data stored on a corporate-owned computer can ever truly be private. The same rule applies to work emails, which are scanned and subject to discovery requests from lawsuits.
Understand the Limits
Employees do not sign away their privacy rights when they enter the workplace. In that effect, certain areas are off-limits to employers. A company must have a proven and disclosed business reason for putting cameras in workspaces. Furthermore, an employee may not put cameras in bathrooms, changing rooms, or other inherently private locations.
If you or a loved one were fired due to information that an employer discovered during an illegal search, you may have legal recourse. The San Jose-based Advocacy Center for Employment Law has been assisting employees for 31 years. If you live in California and want to schedule a consultation with an experienced wrongful termination lawyer in San Jose, call the Advocacy Center for Employment Law at (888) 703-2911 today.
By law, employees who are being let go from their jobs are subject to a certain amount of notice. If the company is downsizing and wants to shed excess employees, those workers may be able to negotiate a severance package and receive a favorable payment along with their exit.
If your company presents you with a severance agreement right off the bat, it may be more financially prudent not to accept their first offer. This is because the initial package is often construed to be in the employer’s best interest. Read the contract slowly to ensure to ensure that you are not signing away important rights such as the ability to ask for a reference. If you have any questions, consult a local attorney to see if a higher severance package may be available.
The Advocacy Center for Employment Law is a San Jose-based firm whose lawyers have been practicing northern California personnel law for over 30 years. We carry an Avvo rating of 9.0 and often work on a contingency fee basis. Contact us today at (888) 703-2911 to see how our team of wrongful termination lawyers can help you make the most of your severance package.