Los Angeles Employment Attorney Blog

Bobbie always knew what he wanted to do. Right out of high school he volunteered for the U.S. Army. He dedicated himself to being a good soldier. Bobbie was reluctant to talk about his battle experiences, but, in full dress, his chest, colored with various medals, displayed his bravery and accomplishments. Bobbie was honorably discharged.

After his military career, Bobbie believed a new career in law enforcement would be a perfect fit. He applied and was accepted to a local law enforcement agency. Bobbie excelled at the academy. A star - disciplined, respectful, motivated, and a high achiever. He graduated and became a police officer. His law enforcement career was going good - real good.

First day on the job was routine orientation and getting his assignment for the next six months. A senior officer was assigned to train Bobbie. Bobbie was a quick study. The senior officer took a liking to Bobbie. That is until one day, while Bobbie, the senior officer, and other officers were in the lunch room. In a diverse racial group, the senior officer made a racially derogatory remark which offended Bobbie and other officers.

Bobbie filed an internal complaint about the incident. There was an investigation. And, the senior officer was reprimanded, but over the years, the senior officer continued to get promoted. Right after the reprimand, the senior officer took Bobbie aside and let him know that Bobbie would never be promoted. Bobbie complained about the threat to the Human Resources. Despite being reprimanded, the senior officer's carrer remained on fast track.

But, for years and years, Bobbie was denied transfers, denied promotional opportunties, denied training opportunities, reprimanded for trivia incidents, and received no recognition for outstanding work. Bobbie has the respect of many officers, even though he has been black-balled. When asked by other officers whether they should speak up about unlawful employment practices, he replies "Yes" and then says "Brace yourself - speaking up is hard to do."[Fictional characters and facts for illustration].

If you are being retaliated against for having engaged in protected activity such as reporting violations of the California Fair Employment and Housing Act or the federal Equal Employment Opportunty laws (Title VII), file a charge of discrimination with the California Department of Fair Employment and Housing (DFEH) or the U.S. Equal Employment Opportunity Commission (EEOC). There are offices throughout the State of California and in Los Angeles. Alternatively, seek the legal counsel of an experienced employment law attorney. Bruce Abel, an employment law attorney, has over 26 years of successfully handling employment discrimination cases.

A bright, hard working, productive, and reliable young man dedicated himself to his job. And he was good at it. He worked hard and played hard. A die-hard Dodgers' fan as are many Los Angeles residents. His supervisor praised him for his performance and accomplishments. Unfortunately, the young man was stricken with a disease which left him paralyzed. In time, with love, care, and the grace of God, he recovered. However, he uses a cane to walk.

His mind and his work habits were as good as ever. He went back to work. Again his supervisor praised him for his outstanding performance. He was recognized as a remarkable person who overcame tremendous adversity. That is until a new supervisor arrived. Almost immediately, this bright, hard working productive, and reliable young man wasn't doing a good job and couldn't perform his duties. His supervisor wanted to talk to the young man about the young man's medical condition, which was supposed to be private, and about the young man's use of a cane.

The young man, already hardened to some degree by the stares of the unsympathetic, callous remarks such as "gimpy", protested his new supervisor's criticisms as inaccurate."I can do the job and have been doing the job." His work history and his protests were ignored.

Instead, he was fired not long after that initial conversation. He was told that he couldn't perform his job; and, anyway, the job was being eliminated. Shocked and hurt, the young man was forced to leave his job. He also faced the difficult place of finding a new place to live without having a job.

The young man combed the local newspapers and the internet for job openings. And, he was surprised, but not too much so, to see his job being advertised. The advertisement described the exact duties the young man had when working for the company. And the duties did not include walking around a large facility, but rather was a desk job. So, the job wasn't eliminated, only he was because he walked with a cane. The supervisor, apparently, didn't think that portrayed the right image for the company. [Based on a real life situation, but modified to afford the victim privacy).

Sound familiar? Know someone who has suffered this type of treatment? It is against the law for an employer to discriminate against a person because of a medical condition or physical disability if the person can perform the job duties (California Fair Employment and Housing Act). A charge of discrimination can be filed with the California Department of Fair Employment and Housing (DFEH);or the person can consult with an experienced employment attorney for a legal analysis of the potential claim. Bruce Abel with offices in Los Angeles, Orange, and Ventura Counties, has 26 years of experience successfully handling employment discrimination and physical disability discrimination cases.

More information may found in a publication by the California Department of Justice's Office of the Attorney General entitled Civil Rights Handbook or visiting the DFEH website.

Non-exempt employees, basically non-supervisory workers, are entitled to meal and break times if they are working full time. That means the employee is entitled to a duty-free meal period of not less than 30 minutes for every five hours worked and a least a 10 minute paid break for each 4 hours worked. For many this is not a problem. However, there are employers who push for production and expect employees to work through their meal and break times. Sometimes, an employer will make the employees clock out for lunch break, but make the employees work during that break. And, it is not uncommon for an employer to allow an employee to take a meal break, but prohibit the employee from leaving the facility.  These types of unlawful practices are generally seen in large metropolitan areas such as Los Angeles (Los Angeles Times) with a population of almost 10 million and approximately 4 million working people.(U.S. Census Bureau).

In California, that is against the law (See California Department of Industrial Relations). It is hard to speak up when you can't survive without your paycheck. That is understandable. However, in the long run, not speaking up will take a toll on one's emotional health and sense of dignity. Hungry? Tired? Need a break? Well, speak up and make sure you get what you are entitled to under the law. Document your demands such as sending emails. Explain to the employer that you need the break time to re-energize and not getting your meal break is wearing you down.

If your employer doesn't give you meal breaks, the penalty imposed on the employer is to pay you one hour of pay at your regular hourly rate. If the employer gives you a meal break, but makes you stay at the facility - you got it - you are entitled to be paid for that time. And, even if the type of work prevents you from being relieved of all of your duties, there still must be a written agreement between the employer and you to permit on-the-job paid meal periods.

The remedy of one hour of additional pay under Labor Code Section 226.7 for violations of the meal and rest periods is available for three years from the time of the violations. This is referred to as a three year statute of limitations. (The California Supreme Court upheld this legal remedy and the time period to bring an action in Murphy v. Cole.) If you think that your rights have been violated, get in touch with an experienced lawyer to discuss your rights and remedies.

50 years ago California led the forefront when it enacted what is now referred to as the Fair Employment and Housing Act (FEHA) which is codified in California Government Code Section 12920 and following. This act declares that it is in the public interest for California employers to provide a discrimination free workplace and prohibits discrimination based on a number of protected categories such as race, national origin, age, gender, medical condition, and physical disability. California created the Department of Fair Employment and Housing Department (DFEH) to investigate and enforce this statutory scheme. Individuals, however, may also may sue in court to enforce the provisions of FEHA.

DFEH is a progressive and aggressive agency. It utilizes its resources to educate, investigate, and, when appropriate, seek remedies for employees who are victims of discrimination, harassment or retaliation in violation of FEHA.There are offices throughout the state, including Los Angeles, toll free numbers, and an excellent internet site with useful information, explanations of the law, and forms.

If you believe that you are or have been the victim of an unlawful employment practice such as race discrimination, you have the right to file a charge of discrimination with the California Department of Fair Employment and Housing (DFEH). After contacting the DFEH, an appointment will be scheduled for you to be interviewed about the facts pertaining to the discrimination, harassment or retaliation. To assist the person wishing to file a charge of discrimination, the DFEH sends the complainant a pre-complaint questionaire. This document can be obtained by contact a DFEH office or on-line on the DFEH Publications page.

Based on the interview and the pre-complaint questionnaire, the DFEH personnel draft a formal complaint using DFEH's form. Then you will sign it and it will be served on your employer or past employer whichever the case may be. It is not hard. Don't delay because there are time limits within which charges of discrimination must be made. Generally, a victim of discrimination must file a charge of discrimination within one year of the wrongful act. It is a good idea to consult with an attorney who knows employment law before signing the charge of discrimination because the charges of discrimination are pre-requisites to a lawsuit and are also admissible in a lawsuit.

Employment litigation is generally hard fought, particularly in Los Angeles. Each party becomes more entrenched in his or its respective position as litigation moves forward. The employee is determined the employer is cheating and hiding relevant documents or intimidating witnesses. Employers spend tens of thousands or hundreds of thousands of dollars defending themselves and trying to mutilate an employee's character. Both out to win, at almost any cost.

Employers, even when they win, generally have expended untold man-hours and precious resources to "win" the litigation. Perhaps the employer believes that by remedying a morale issue, it will set a precedent for other employees to come forward. Really, why would that be bad? If one's workforce is troubled and the employer can fix it, why not? Rather than recognizing the power of happy and productive employees, it is all too common for the employer to put on the gloves.

There are, however, much more efficient and economical ways to control the damage. First of all, try to resolve every dispute at the lowest level possible. Train supervisors to recognize and remedy problems. Employers, take the lead to ensure that your employees are not discriminated against, not retaliated against for engaging in protected activity, not sexually harassed. Don't turn the other way and let unlawful practices continue or try to hide them. Expose the evil and defeat it. In many cases, even an employee who has been the victim of an unlawful employment practice, only needs to be treated with respect.

Try it. Respect your employees. Remember, an action under the Fair Employment and Housing Act can be financially costly and the employer can recover attorney fees only if it on a showing that the discrimination claim was frivolous, unreasonable or groundless, Cummings v. Benco Bldg. Servs. (1992) 11 CA 4th 1383and California Government Code Section 12965 (b). And, even if an employer was awarded attorney fees, the likelihood of collecting from an employee is generally remote because the employee doesn't have the financial resources to pay.

Instead, try giving your employees respect. Listen to your employees and help them. You, as the employer, will save a lot of money and have a much more productive workforce. Look for opportunities to settle before litigation begins and throughout the litigation process if pre-litigation efforts fail. Save time and money by aggressively seeking practical solutions.