Archive for August, 2010

As we recognize the troubling effects of workplace bullying, we also realize the growing need to be pro-active in dealing with it. Allowing this behavior to thrive is simply not acceptable. It affects not only the individual performance of victims and witnesses but ultimately the productivity of the organization as a whole.

Workplace bullying will not succeed if we do not allow it. So it is the responsibility of every member in the office to look after the welfare of one another. The entire company will benefit from this as well. When we allow these manipulative attitudes to suffice and control our every action, it’s like allowing its negative effects to breed and slowly destroy the our productive workplace.

Here are some steps that should be considered to help you deal with workplace bullying:

1. Recruitment Process and Monitoring of Employees

Prevention is always better than finding a cure. Human resources should devise a recruitment and selection process that can effectively screen applicants. There are means to do so though it is hard to really identify at first glance what the attitudes of a person are. Proper screening of applicants includes psychological examinations and thorough interviews. These could give a hint on how he or she will behave in certain situations.

Make sure that newly hired employees undergo a good orientation training regarding company laws and policies. Of course emphasis should also be on professional conduct requirements. It is important for new employees to know that workplace bullying is unacceptable and will not be tolerated regardless of the individual’s employment status. Make sure you conduct annual trainings in all levels of management in relation to emotional intelligence, harassment and bullying. Also review the company’s Code of Conduct that stresses appropriate and ethical behaviors.

Performance management should not only focus on achievement of outcomes but more importantly on behavior when performing the job. Make sure people in authority oversee the welfare of the human resource. They should be quick in responding to areas where there are threats. Don’t wait for formal complaints when the behavior has already reached to their desk.

2. Behavior Management

When formal complaints are made a person in authority must settle the matter. This has to be done while doing a fair investigation. Both parties are given the opportunity to air their side. Workplace bullies often manage their ways through defensiveness, denial, blaming, threats and hostility. It is necessary for you to prepare yourself in dealing with this kind of behavior. Do not stop by only looking at the side of the victim. Make sure you are understanding, hearing and seeing the unacceptable behavior of the bully for what it is, not only by what you hear from the victim.

Bullies are used to being in control so you can expect them to react badly when you call their attention with regards to their manipulative attitudes. Establish what you want them to change, when you want it done, what resources you will provide to achieve it and what the consequences will be if he or she continues to bully. As it is a serious matter, be sure to formalize and document all interventions.

Ensure that victims and/or witnesses are given proper protection in cases when bullies counteract the complaints. Careful monitoring is necessary to be certain that the bullying behavior is truly stopped otherwise your efforts will only go to waste as bullies have the tendency to persist in their behaviors.

3. Confidentiality of Grievance Reports

Notifications of bullying behaviors must be properly investigated and the issue addressed at the right time and place. Establish safe and secure systems for notifying matters that ensure confidentiality of the complainants. Provide appropriate support for the victims and witnesses who take risk in exposing the problem.

With issues like this, it is not advisable to confront the offender as it can cause emotional outburst from bullies who will feel attacked. They do not like the feeling of not being in control and often have the means to resort to threats and abuse of power to get their own way. So try to settle the matter as peacefully as possible by firmly following the laws that tackle these issues.

Dealing with workplace bullies can be very difficult as it is time consuming and emotionally draining. But it is something that should be done for the protection not only of the individual members but the entire organization as well. Though hard it’s something that must be done for the welfare of everyone.

Understanding your environment is very important in dealing with bullies and bullying behavior. When you like to learn more on information and how your environment influences you, have a look athttp://Mental-SelfDefense.com

 

Creating overview in your information, environment and life is my goal. I do this using proven techniques like visual and mind mapping, time management, goal setting and summaps.

The basic outcome of my work is always the same: you understand better what you are doing and what influences you. The next step I assist people with is easy. They learn how to create the life they want, all because of a clear understanding of their inner and outer environment.

Despite what you may be thinking, everything we will do is proven and very practical. The things I teach people are the actual techniques I use to give direction and meaning to my own life and the lives of my clients.

As you may have thought, I am not a native English speaker and writer. I believe most native English speakers and people from all around the world will benefit from working with me.

I decided long ago that my life should be moving in the direction I want it to go. This stimulated me to research the many techniques and mindsets needed to do this. I would love to share these with you.

Are you ready to give more meaning and direction to your life?

If your harassing boss makes you feel like you can’t endure going to work another day, you need help. Take Control of your job and protect yourself. Get Work Laws Exposed and get the Undercover Lawyer on your team.

Are women in the workplace protected too much ?

Feminists fought for affirmative action and a lot of security for women in the workplace. Medium companies and up have to keep women even if they do not perform. Could that be the reason that although women get top grades in college (something affirmative action wont get them) and access to the working world they quit performing due to lack of pressure and end up getting edged by the male competition on the career ladder, because men can be subjected to pressure to push them while it would be considered creating “a hostile work enviroment” if the same is done to women ?
Croa and you think the reason women are immune to the lack of pressure and resulting drop in performance the way we saw it in communist countries (yes even glorious german engineers built $hitty cars in the red half of Germany)
is ?

Answer
Do you have any evidence that overall women do not perform well in the work place? There is plenty of pressure in the work place on women and in my experience they preform as well as their male counterpart. The only time I hear about affirmative action, in terms of women, is when questions are posted on this page. Here are some statistics from the Department of Labor and the Department of Justice…”White men hold 95% to 97% of the high-level corporate jobs.”…and that’s with affirmative action programs in place. “Of 3000 federal court decisions in discrimination cases between 1990 and 1994, only 100 involved claims of reverse discrimination; only 6 of those claims were found to be valid.”

In my opinion the concept of affirmative action is being blown out proportion on this page and when askers begin to complain about being turned down for a job because they are men… perhaps they should look at their experience, interview skills, education and references. Perhaps they are one of the few (0.20%) that have been discriminated against but more likely the better person did get the job.

Powered by Yahoo! Answers

Never have there been so many tools for Chino Hills employment lawyers to help people recently fired to win damages for discrimination, to seek a better severance package, including not only a longer period of pay benefits, but also other items, most important of which can be a longer period of health insurance benefits following the termination, or even to save the employee’s job.

If you’ve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile work environment, or paid less than a person of the opposite sex for the same work for no other valid reason, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.

In Chino Hills and throughout California where private employers and government offices have laid off people in the hundreds and thousands, sometimes on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In areas such as the Chino Hills area where unemployment and foreclosures are at their highest in the state, many employees who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now feel they have nothing to lose.

Some employees are filing class action lawsuits based on everything from age and sex discrimination to discrimination against veterans. Individual claims are being made for overtime pay that the employees never received and retaliation for whistle blowing or reporting harassment.

One of the best tools for Chino Hills employment lawyers is often the employee’s company manual and other memos of the company which often lay out glowing descriptions of how fair the company will be in their employment practices. Such manuals often describe all of the types of actions which the company claims they will not tolerate including the various forms of harassment and how the company will never take a retaliatory action against anyone blowing the whistle on harassment at the company.

Such manuals provide a powerful tool to the employee and the employment lawyer to show the company exactly how they violated not only the law, but also the company’s own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such companies to argue that they didn’t realize how they were supposed to respond to an employee’s reports of harassment or that they didn’t know they couldn’t fire someone for making such reports.

Employees must keep in mind that under California law, complaints alleging discrimination or retaliation must be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.

Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to being a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a child’s school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the real whistles), for being paid less than employees of a different sex for the same work unless based on a bona fide factor other than sex, or for complaining about safety or health conditions.

For Chino Hills Employment Lawyers such as myself who are also Women’s Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a great injustice and provided employment and women’s rights attorneys with yet another tool in our arsenal to fight for employee’s and women’s rights.

Now women in California and the rest of the nation have a law that gives them the ability to redress the wrong suffered upon them by society in allowing men to receive more money for the same work from an employer and limiting the rights of women to bring a claim for pay discrimination.

In the past, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued. And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn’t learn of the unfairness and take action within 180 days of first being paid the lesser rate.

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

California also has it’s own version of the Federal WARN Act which in certain circumstances requires 60 days warning before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or more employees who have been employed for at least 6 of the previous 12 months, who layoff or relocated 50 or more employees within a 30-day period. There are also various exceptions to the rule.

For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers.

Layoffs of caregivers providing care to sick family members may also violate federal law.

And all of these tools are still in addition to the tools Chino Hills employment lawyers have against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.

Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been discriminated against or are the victim of retaliation by an employer in Chino Hills or if you have been receiving less pay than a person of the opposite sex for the same work by your employer for no other valid reason.

It is thus imperative that an employee being laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there weren’t violations of any of these laws and others that can assist the employee and his or her attorney to negotiate a larger severance package.

If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in Chino Hills by your employer, we invite you to call our office.

Visit our website at http://www.CaliforniaAttorneysLawyers.com if you are the victim of employment discrimination, retaliation or of discriminatory compensation in California. We have the knowledge and resources to be your Chino Hills Employment Lawyer and Chino Hills Employment Attorney anywhere in Southern California from San Diego to Chino Hills, and Santa Barbara to Palm Springs and all points in between, including Long Beach, Huntington Beach, Anaheim, Ventura, Newport Beach, San Luis Obispo, Oceanside, Orange County, Riverside, Ontario and Palm Desert.

If your harassing boss makes you feel like you can’t endure going to work another day, you need help. Take Control of your job and protect yourself. Get Work Laws Exposed and get the Undercover Lawyer on your team.

Does this sound like a hostile workplace?

I have been employed with my company for ten years, and dealt with difficult customers and co-workers, however since October 2008 a new worker has gradually made a job I once loved doing become one I loathe. This co-worker has made comments that suggest people in the office have slept together just because she herself had screwed up this day, it was reported to HR as a sexual harassment situation – nothing was done ( I know because I would have to deliver the warning/write up). An employee has reported this person for threatening him, and now violence has been shown full force after a large piece of office equipment was hurled across the room by this person. Which was reported to HR along with several other smaller things and nothing has been done
I feel afraid for my well being and those around me, and everyone I try to vent to says this is a hostile workplace, and that I should open a lawsuit. I don’t want money, if I opened a case I don’t even know what I would ask for. Does this sound to anyone else like a case?

Please be honest but not cruel, I don’t want to screw this company, I have been a loyal employee for a very long time. I just don’t see why anyone should be able to put several other co-workers in danger and completely ruin the moral throughout the entire floor.

Answer
I recommend you see the information at the EEOC (Equal Employment Opportunity Commission) on harassment and sexual harassment. You seem eligible to file a claim against the company for failure to take action. The information on how to file a claim is http://www.eeoc.gov/charge/overview_charge_filing.html

Information about harassment and the level of abuse constituting hostile work environment is here: http://www.eeoc.gov/types/harassment.html
and

http://www.eeoc.gov/types/sexual_harassment.html

I suggest you read up on the definitions, see how they match up to your circumstances, and make a decison about filing a claim. As well, it is not just up to you here – you can make the recommendation to other employees to file who feel the workplace is hostile as well.

Powered by Yahoo! Answers

Never have there been so many tools for Newport Coast employment lawyers to help people recently fired to win damages for discrimination, to seek a better severance package, including not only a longer period of pay benefits, but also other items, most important of which can be a longer period of health insurance benefits following the termination, or even to save the employee’s job.

If you’ve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile work environment, or paid less than a person of the opposite sex for the same work for no other valid reason, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.

In Newport Coast and throughout California where private employers and government offices have laid off people in the hundreds and thousands, sometimes on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In areas such as the Newport Coast area where unemployment and foreclosures are at their highest in the state, many employees who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now feel they have nothing to lose.

Some employees are filing class action lawsuits based on everything from age and sex discrimination to discrimination against veterans. Individual claims are being made for overtime pay that the employees never received and retaliation for whistle blowing or reporting harassment.

One of the best tools for Newport Coast employment lawyers is often the employee’s company manual and other memos of the company which often lay out glowing descriptions of how fair the company will be in their employment practices. Such manuals often describe all of the types of actions which the company claims they will not tolerate including the various forms of harassment and how the company will never take a retaliatory action against anyone blowing the whistle on harassment at the company.

Such manuals provide a powerful tool to the employee and the employment lawyer to show the company exactly how they violated not only the law, but also the company’s own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such companies to argue that they didn’t realize how they were supposed to respond to an employee’s reports of harassment or that they didn’t know they couldn’t fire someone for making such reports.

Employees must keep in mind that under California law, complaints alleging discrimination or retaliation must be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.

Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to being a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a child’s school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the real whistles), for being paid less than employees of a different sex for the same work unless based on a bona fide factor other than sex, or for complaining about safety or health conditions.

For Newport Coast Employment Lawyers such as myself who are also Women’s Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a great injustice and provided employment and women’s rights attorneys with yet another tool in our arsenal to fight for employee’s and women’s rights.

Now women in California and the rest of the nation have a law that gives them the ability to redress the wrong suffered upon them by society in allowing men to receive more money for the same work from an employer and limiting the rights of women to bring a claim for pay discrimination.

In the past, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued. And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn’t learn of the unfairness and take action within 180 days of first being paid the lesser rate.

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

California also has it’s own version of the Federal WARN Act which in certain circumstances requires 60 days warning before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or more employees who have been employed for at least 6 of the previous 12 months, who layoff or relocated 50 or more employees within a 30-day period. There are also various exceptions to the rule.

For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers.

Layoffs of caregivers providing care to sick family members may also violate federal law.

And all of these tools are still in addition to the tools Newport Coast employment lawyers have against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.

Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been discriminated against or are the victim of retaliation by an employer in Newport Coast or if you have been receiving less pay than a person of the opposite sex for the same work by your employer for no other valid reason.

It is thus imperative that an employee being laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there weren’t violations of any of these laws and others that can assist the employee and his or her attorney to negotiate a larger severance package.

If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in Newport Coast by your employer, we invite you to call our office.

Visit our website at http://www.CaliforniaAttorneysLawyers.com if you are the victim of employment discrimination, retaliation or of discriminatory compensation in California. We have the knowledge and resources to be your Newport Coast Employment Lawyer and Newport Coast Employment Attorney anywhere in Southern California from San Diego to Newport Coast, and Santa Barbara to Palm Springs and all points in between, including Long Beach, Huntington Beach, Anaheim, Ventura, Newport Beach, San Luis Obispo, Oceanside, Orange County, Riverside, Ontario and Palm Desert.

If your harassing boss makes you feel like you can’t endure going to work another day, you need help. Take Control of your job and protect yourself. Get Work Laws Exposed and get the Undercover Lawyer on your team.

self terminated because of hostile workplace can i get unemployment?

i was employed at a small lawn company with less than 10 employees. one day while mowing in the rain, i was told by my supervisor to finish mowing a waterlogged section of property. i did as i was told and finished the job. approx. 3 weeks later i was questioned by another employee about damage that the mower (medium zero turn tractor) did to this property. i answered his questions to the best of my ability, and was then told that i wasnt allowed to mow anymore. from there things go down hill, we took on a new employee (also black) a month before this incident, and he repeatedly made mistakes and damaged property, he even knocked a central air unit off of its base.

when customers would call to complain and were asked if they saw who cause the damage they responded with “i dont know, some black guy.” myself and others on the crews know its not me, but the blame is put on my shoulders, after being ignored by my boss, and being told by a crew leader that my boss said i “cannot mow because he doesnt want any black people mowing.” my boss never discussed this with me and simply refused to talk about it when i asked him. i was hired as a mower, then told i could not mow anymore, i would be called off on days where everyone else was working and suffered loss of wages because of this. then i was singled out to work with my boss on a sprinkler installation.

during the two days that i could stand it, i was constanly berated throughout my 10 hr shifts, cursed at, and the final straw was being called a f”ing idiot because i didnt know what i was doing (first time doing landscaping) i was even yelled at for double checking that i was doing everything right. i have discussed this with family and friends, and they seem to think that i was discriminated against because my boss made a decision to reduce my duties because i was one of the two people that could have been the cause of the complaints. my boss made no effort to discuss this matter or find out exactly who was the cause.
thank you, and i am in school, no tech just medicine, it was just a summer job while i was home.

Answer
Possible. Apply. You have nothing to lose

Powered by Yahoo! Answers

Never have there been so many tools for Chino employment lawyers to help people recently fired to win damages for discrimination, to seek a better severance package, including not only a longer period of pay benefits, but also other items, most important of which can be a longer period of health insurance benefits following the termination, or even to save the employee’s job.

If you’ve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile work environment, or paid less than a person of the opposite sex for the same work for no other valid reason, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.

In Chino and throughout California where private employers and government offices have laid off people in the hundreds and thousands, sometimes on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In areas such as the Chino area where unemployment and foreclosures are at their highest in the state, many employees who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now feel they have nothing to lose.

Some employees are filing class action lawsuits based on everything from age and sex discrimination to discrimination against veterans. Individual claims are being made for overtime pay that the employees never received and retaliation for whistle blowing or reporting harassment.

One of the best tools for Chino employment lawyers is often the employee’s company manual and other memos of the company which often lay out glowing descriptions of how fair the company will be in their employment practices. Such manuals often describe all of the types of actions which the company claims they will not tolerate including the various forms of harassment and how the company will never take a retaliatory action against anyone blowing the whistle on harassment at the company.

Such manuals provide a powerful tool to the employee and the employment lawyer to show the company exactly how they violated not only the law, but also the company’s own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such companies to argue that they didn’t realize how they were supposed to respond to an employee’s reports of harassment or that they didn’t know they couldn’t fire someone for making such reports.

Employees must keep in mind that under California law, complaints alleging discrimination or retaliation must be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.

Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to being a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a child’s school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the real whistles), for being paid less than employees of a different sex for the same work unless based on a bona fide factor other than sex, or for complaining about safety or health conditions.

For Chino Employment Lawyers such as myself who are also Women’s Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a great injustice and provided employment and women’s rights attorneys with yet another tool in our arsenal to fight for employee’s and women’s rights.

Now women in California and the rest of the nation have a law that gives them the ability to redress the wrong suffered upon them by society in allowing men to receive more money for the same work from an employer and limiting the rights of women to bring a claim for pay discrimination.

In the past, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued. And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn’t learn of the unfairness and take action within 180 days of first being paid the lesser rate.

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

California also has it’s own version of the Federal WARN Act which in certain circumstances requires 60 days warning before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or more employees who have been employed for at least 6 of the previous 12 months, who layoff or relocated 50 or more employees within a 30-day period. There are also various exceptions to the rule.

For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers.

Layoffs of caregivers providing care to sick family members may also violate federal law.

And all of these tools are still in addition to the tools Chino employment lawyers have against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.

Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been discriminated against or are the victim of retaliation by an employer in Chino or if you have been receiving less pay than a person of the opposite sex for the same work by your employer for no other valid reason.

It is thus imperative that an employee being laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there weren’t violations of any of these laws and others that can assist the employee and his or her attorney to negotiate a larger severance package.

If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in Chino by your employer, we invite you to call our office.

Visit our website at http://www.CaliforniaAttorneysLawyers.com if you are the victim of employment discrimination, retaliation or of discriminatory compensation in California. We have the knowledge and resources to be your Chino Employment Lawyer and Chino Employment Attorney anywhere in Southern California from San Diego to Chino, and Santa Barbara to Palm Springs and all points in between, including Long Beach, Huntington Beach, Anaheim, Ventura, Newport Beach, San Luis Obispo, Oceanside, Orange County, Riverside, Ontario and Palm Desert.

If your harassing boss makes you feel like you can’t endure going to work another day, you need help. Take Control of your job and protect yourself. Get Work Laws Exposed and get the Undercover Lawyer on your team.

How do you cope with hostile + nonsensical workplace conditions?

Answer
I don’t know. I have the same problem with a workspace that cost me a lot of stress. If you think you can find a better job and you are not satisfied at all you should leave it, instead of suffering

Powered by Yahoo! Answers

Never have there been so many tools for Yorba Linda employment lawyers to help people recently fired to win damages for discrimination, to seek a better severance package, including not only a longer period of pay benefits, but also other items, most important of which can be a longer period of health insurance benefits following the termination, or even to save the employee’s job.

If you’ve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile work environment, or paid less than a person of the opposite sex for the same work for no other valid reason, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.

In Yorba Linda and throughout California where private employers and government offices have laid off people in the hundreds and thousands, sometimes on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In areas such as the Yorba Linda area where unemployment and foreclosures are at their highest in the state, many employees who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now feel they have nothing to lose.

Some employees are filing class action lawsuits based on everything from age and sex discrimination to discrimination against veterans. Individual claims are being made for overtime pay that the employees never received and retaliation for whistle blowing or reporting harassment.

One of the best tools for Yorba Linda employment lawyers is often the employee’s company manual and other memos of the company which often lay out glowing descriptions of how fair the company will be in their employment practices. Such manuals often describe all of the types of actions which the company claims they will not tolerate including the various forms of harassment and how the company will never take a retaliatory action against anyone blowing the whistle on harassment at the company.

Such manuals provide a powerful tool to the employee and the employment lawyer to show the company exactly how they violated not only the law, but also the company’s own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such companies to argue that they didn’t realize how they were supposed to respond to an employee’s reports of harassment or that they didn’t know they couldn’t fire someone for making such reports.

Employees must keep in mind that under California law, complaints alleging discrimination or retaliation must be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.

Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to being a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a child’s school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the real whistles), for being paid less than employees of a different sex for the same work unless based on a bona fide factor other than sex, or for complaining about safety or health conditions.

For Yorba Linda Employment Lawyers such as myself who are also Women’s Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a great injustice and provided employment and women’s rights attorneys with yet another tool in our arsenal to fight for employee’s and women’s rights.

Now women in California and the rest of the nation have a law that gives them the ability to redress the wrong suffered upon them by society in allowing men to receive more money for the same work from an employer and limiting the rights of women to bring a claim for pay discrimination.

In the past, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued. And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn’t learn of the unfairness and take action within 180 days of first being paid the lesser rate.

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

California also has it’s own version of the Federal WARN Act which in certain circumstances requires 60 days warning before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or more employees who have been employed for at least 6 of the previous 12 months, who layoff or relocated 50 or more employees within a 30-day period. There are also various exceptions to the rule.

For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers.

Layoffs of caregivers providing care to sick family members may also violate federal law.

And all of these tools are still in addition to the tools Yorba Linda employment lawyers have against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.

Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been discriminated against or are the victim of retaliation by an employer in Yorba Linda or if you have been receiving less pay than a person of the opposite sex for the same work by your employer for no other valid reason.

It is thus imperative that an employee being laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there weren’t violations of any of these laws and others that can assist the employee and his or her attorney to negotiate a larger severance package.

If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in Yorba Linda by your employer, we invite you to call our office.

Visit our website at http://www.CaliforniaAttorneysLawyers.com if you are the victim of employment discrimination, retaliation or of discriminatory compensation in California. We have the knowledge and resources to be your Yorba Linda Employment Lawyer and Yorba Linda Employment Attorney anywhere in Southern California from San Diego to Yorba Linda, and Santa Barbara to Palm Springs and all points in between, including Long Beach, Huntington Beach, Anaheim, Ventura, Newport Beach, San Luis Obispo, Oceanside, Orange County, Riverside, Ontario and Palm Desert.

If your harassing boss makes you feel like you can’t endure going to work another day, you need help. Take Control of your job and protect yourself. Get Work Laws Exposed and get the Undercover Lawyer on your team.

women, would you feel sexually harassed if a man in your workplace watches porn on his PC?

like you see him watching porn and he stops it when youre around but starts watching it again when youre gone.

would you consider it as a sexually hostile environment..
would you report him

NOTE……
im not talking about UNPROFESSIONAL BEHAVIOR, you may wish to report him on that ground BUT would YOU feel sexually threatened/ harassed because of it…would it be a HOSTILE environment FOR YOU?
@ Yk
ofcourse. i would be traumatized by the incident.

Answer
At my workplace, a co-worker got caught watching child porn at work on his pc-he was “let go” but no charges were brought against him-it would make the firm look bad. Made me want to vomit. We have a strict company policy that we all have to sign regarding the use of computers, watching porn would be a violation and you could be fired for it. When co-workers, managers, and customers can walk into your office at any time, it would also make the company vulnerable to harassment charges-so if I had an employee who did it, I’d have to tell them they had to stop or they’d be written up.

I wouldn’t feel threatened or harassed, but I know others may. Plus it’s bad for morale, since they’re not working.

Powered by Yahoo! Answers