Discrimination in the workplace occurs on a daily basis. Our attorneys strive to eliminate such discrimination. Some of the classifications protected against unlawful discrimination include:
The various rules and regulations protecting employees from discrimination are complex and can seem overwhelming. At Clark Employment Law, we guide our clients through all facets of their discrimination case and make sure their rights are fully protected. Contact our firm to see if we can assist you in holding your employer responsible for its wrongful actions.WRONGFUL TERMINATION
In California, employment is presumed to be at-will, meaning that an employer can terminate an employee for practically any reason or no reason at all. Wrongful termination occurs when the employer terminates (or in some cases simply takes adverse action against) an employee in violation of some particular law or clear public policy. Some illegal reasons include:
- Threatening to Report Illegal Company Activity
- Other Reasons (e.g. Whistle-blowing, Advocating Equal Pay, etc.)
If you have been terminated or laid off and believe that it was due to retaliation, discrimination, or some other illegal practice, contact our firm to discuss your issue.DISABILITY DISCRIMINATION
Under Federal and State laws, individuals with disabilities are entitled to certain protections. As a protected classification, it is illegal to discriminate against a disabled individual with respect to the terms or conditions of employment (i.e. termination, demotion and/or write-up). Further, an employer may be required to take part in an “interactive process” to determine the availability and/or need for a reasonable accommodation for disabled employees. Unfortunately, determining whether an individual has a qualified disability under the laws, including the Americans with Disabilities Act and/or the Fair Employment and Housing Act, is not a simple question. If you’re working with a physical or mental impairment, contact our firm to see if you are entitled to legal protection.HARASSMENT
Employees have frequently been subject to harassment in the workplace at the hands of their employers and fellow co-workers. Both Federal and State law prohibit a wide range of harassment, from verbal and physical abuse to unwelcome sexual advances. However, harassment claims are largely dependent on the specific facts and circumstances surrounding each individual’s case. Please contact our firm if you feel that you have been harassed or mistreated at work so that we can discuss the legal remedies that may be available to you.RETALIATION
An employer can be held liable for retaliatory actions taken against employees who engage in certain protected activities. Such activities include, but are not limited to, complaining of or opposing discrimination and/or harassment in the workplace. In addition, employees who assist others in engaging in such protected activity may also have claims against an employer for retaliation. If you feel you have been subject to retaliatory acts by your employer please contact our firm for consultation.WHISTLE-BLOWER
While similar to cases of retaliation, whistle-blower claims arise out of slightly different circumstances. Whistle-blower protection may apply to employees who report an employer’s violations of law(s) or reasonably based suspicions of violations to their employer (or persons associated with their employer) or government agencies, and subsequently suffer from some adverse employment action (i.e. termination, demotion etc.). Please contact our firm to determine if you qualify for whistle-blower protection.DEFAMATION
Employees may have actionable claims for defamation against former employers that have made false statements at the time of termination, or who have made adverse post-employment references that negatively affect an employee’s future job prospects. Such statements often damage an employee’s reputation, making finding a new job extremely difficult. If you believe that your employer has engaged in such unlawful conduct, please contact our firm so that we can assist you in holding them responsible.WAGE AND HOUR
Both State and Federal laws protect employees from wage and hour violations. Such violations often affect an entire class of workers, not just one employee. Subject to certain exemptions, violations can include:
- Failure to pay overtime
- Being required to work through meal and rest periods
- Being required to report to work but not being paid for the time you had to wait, and
- Being terminated for complaining about such violations.
If you believe your employer has violated wage and hour laws, contact us for a free consultation.UNEMPLOYMENT BENEFIT HEARINGS
Employees who are terminated for “misconduct” or who voluntarily leave their employment absent “good cause” may be prevented from obtaining deserved and much needed unemployment benefits by their employers. However, the Unemployment Insurance Code is very employee friendly. That is, the law presumes that employment was not terminated for misconduct or that the employee had a valid reason for leaving “for cause.” The burden is often placed on the employer. Nonetheless, the law is complex and employers often take advantage of employees who are unfamiliar with the system. Clark Employment Law will represent you at your hearing and work hard to fight for your benefits. If your unemployment has been denied and/or if your employer has appealed the decision to grant you benefits, contact Clark Employment Law for a consultation.
Clark Employment Law is a premier California based employment law firm specializing in the representation of employees in discrimination, harassment and other employment cases in Sacramento and San Francisco.