Labor and Employment Law

At Samuel and Samuel we have extensive experience in representing employees and employers on a variety of Labor and Employment issues. Please look at the information below concerning Sexual Harassment, Wrongful Termination, and Discrimination and if you have any questions please contact us. You have rights.

Discrimation

Our office handles most types of employment discrimination cases, including sexual harassment, age discrimination, gender discrimination, race discrimination and disability or medical condition discrimination, in the federal and California State courts and agencies.

Prior to bringing a court action, a victim of employment discrimination must usually file a complaint with the California Department of Fair Employment and Housing, (DFEH) for California law violations. If the employee wants to bring the action in federal court, they must generally file their complaint with the Equal Employment Opportunity Commission, (EEOC). These agencies then issue a "Right to Sue" letter, authorizing the employee to file a lawsuit.

Each of these agencies typically takes in excess of 4 months to process the complaints and issue their Right to Sue letters.

Our office uses expediting procedures which enable us to receive the right to sue letters in as little as a few weeks or less. This enable us to quickly file court actions and seek damages for our clients.

Click on a sub-section below to access more relevant information for your specific needs:

• Age Discrimination
• Gender Discrimination
• Racial Discrimination
• Disability Discrimination

Sexual Harassment

Sexual harassment is usually not about sex, but about power. Such behavior may be designed to humiliate and control a subordinate employee. Some harassers actually believe it is acceptable to use their power to coerce employees into sexual relationships. At other times, the harassment may not be intended to be such by the perpetrator. Sexual harassers usually think they will never be held accountable and will never be reported. They believe the employee will remain quiet, in order to avoid embarrassment or to protect their job. While workplace "romance" may not be, by itself, harmful, when undue sexual pressure is put on an employee by a person in power over them and their paycheck, the resulting stress can be devastating. Most victims feel embarrassed and angry by unwanted, unflattering attention or demands.

If the harasser is the employee’s manager or supervisor, then the employer will usually be held liable. In some cases, the harasser themselves may be held liable.

Sexual harassment is a form of gender discrimination, is illegal under federal law, known as Title VII of the Civil Rights act of 1964, and under California state law, known as the Fair Employment and Housing Act.

We recognize how distressing it is for any party in a sexual harassment case to discuss their situation with another person, including an attorney. Our office has extensive experience in dealing with these issues and understanding the emotional pressures involved.

This area of the law is very complex. If you believe you are involved in a sexual harassment case, you should contact us for a consultation. We have provided a few answers to frequently asked questions.

Wrongful Termination

The term "Wrongful Termination" generally refers to a person being fired when they shouldn't have been, either because the termination violates a contract or a statute. Many employment terminations are wrongful or illegal. In California and most other states, employment is presumed to be "at will". This means that the employer can usually fire the employee for no reason or any reason which is not illegal. Likewise, the employer can discipline, demote and reduce pay for no reason. However, there are exceptions to this general rule.

Contracts: In this situation, the terms of employment are spelled out in a contract, which may limit the employer’s ability to terminate an employee. The contract may be written, oral or "implied". If a termination occurs, it may a be a breach of the contract. This situation most often arises when a union member is terminated. The union agreement or "Memorandum of Understanding" (MOU) then usually controls what the employee’s rights are.

Whatever your concerns are in the employment law field, don't wait until a problem develops. Call us now and let us help you.