Majority of employees and employers view sexual harassment from the perspective that it only entails a worker asking for sex from another worker. This is not the case. Sexual harassment in the workplace is a form of sexual discrimination based on both verbal and non-verbal behavior such as uncalled for sexual gestures and indecent sexual comments. This leads to extreme obstruction of an employee’s productivity and breeds an uncomfortable workplace setting. It is a violation of the Title VII Civil Rights Act of 1964 that seeks to curb sexual harassment. This article focuses on types of sexual harassment in the workplace.

Majority of employees and employers view sexual harassment from the perspective that it only entails a worker asking for sex from another worker. This is not the case. Sexual harassment in the workplace is a form of sexual discrimination based on both verbal and non-verbal behavior such as uncalled for sexual gestures and indecent sexual comments. This leads to extreme obstruction of an employee’s productivity and breeds an uncomfortable workplace setting. It is a violation of the Title VII Civil Rights Act of 1964 that seeks to curb sexual harassment. This article focuses on types of sexual harassment in the workplace.

There are two categories of sexual harassment that are acknowledged by the law.

1. Quid pro quo: In this case, recruitment, promotion and remuneration of employees is solely based on their willingness to offer sexual favors to the persons mandated to perform these processes. For instance, a department manager can threaten an employee of denying him/her a promotion unless sexual favors are extended. A male supervisor can also suggest to a female worker to dress in a suggestive manner to get the attention of the boss. All these acts amount to this kind of sexual harassment.

1. Hostile work environment: This arises when the work context is dictated by antagonism and coercion as a result of irrational sexual behavior by colleagues, greatly curtailing an employee’s productivity. This is manifested in the form of explicit sexual discussions, uncalled for sexual advances by a colleague, disrespectful sexual remarks and jokes as well as displaying materials that advance immoral sexual behavior. Further, if a colleague makes romantic gestures to a fellow colleague and they are turned and the person persists doing it regardless of knowing the truth, this is tantamount to sexual harassment. The offended employee has the obligation to file a complaint through the help of an employment attorney.

While these are the most prevalent forms of sexual harassment, there are other behaviors that can cause the workplace to become uncomfortable. 

Indirect sexual harassment can be diffucult to identify. In some situations, a non-partisan in sexual harassment may indirectly bear the consequences of sexual harassment. This results in a case where an employee agrees to a sexual favor requested by a supervisor in order to be hired or get undeserved promotion denying the chance to a person who deserves it through meritocracy. In such a scenario, the plaintiff has the right to file a complaint against the offender.

As a final point, it is the mandate of employees to ensure sexual harassment in the workplace is addressed by having relevant and sound polices that ensure the perpetrators face the consequences of their actions. Employees should also report such cases when they happen in order to get justice. Do you recognize the behaviors described above in your workplace? Contact us today to see if you may have a case. 

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Money gets deducted from each paycheck for various reasons, but are all of them legal? Most employees know that the federal law mandates deductions from his or her paycheck for Social Security and federal income tax. These are normal deductions that the employee must authorize. Other deductions, except when a deduction is required to comply with a court judgment such as wage garnishments for child support payments, may require you to take a closer look.

An employer may deduct money for items that an employee has voluntarily authorized in writing such as union dues, insurance premiums, and charitable contribution. These deductions happen with the employees consent; however, other deductions should be closely scrutinized.

Some deductions are illegal, and some of the frequent unlawful deductions made by employers include:

Employee gratuities given for service to the public cannot be taken by the employer from the employee’s wages.
Cost of employee photographs that are required by the employer.
The cost for a bond of an employee must be paid by the employer.
The employer must pay for the costs of uniforms that the employee is required to wear. This includes wearing apparel with a distinctive design or color.
Medical exams required as a condition of employment or while employed must be paid for by the employer. This also covers exams required by federal or state law or regulation, or by a local ordinance.
The cost of meals cannot be deducted from an employee’s paycheck if they do not want to eat the food.
An employer cannot legally deduct money from an employee’s paycheck to cover the loss of company property, breakage, or shortages even if these are the result of simple negligence. California courts have held that these problems are just the cost of doing business. This means that the employee does not have to pay for accidents or when a customer leaves without paying their check.

However, if the employer can show that a loss of any type is caused by a willful or dishonest act or by gross negligence on the part of the employee, then the employer may have the right to deduct the loss. It should be noted that the employer cannot wantonly charge or assume that the employee’s actions were so grievous as to meet this standard.

If an employee believes that illegal deductions have been made from their wages, then they can file a complaint with the Labor Commissioner’s Office. The complaint should include all of the relevant facts and pertinent information. The complaint will be assigned to a Deputy Labor Commissioner who will review the file and arrange a conference or a hearing. Dismissal of the complaint is also a possibility. If this occurs, then the employee will not receive any help in recovering lost wages.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.

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Workplace retaliation, while unfair and stressful for an employee, can be difficult to protect against. The important thing to know is that while the law can’t prevent employers from retaliating against their employees, it can offer restitution should you fall victim to retaliation.

Knowing how to look out for workplace retaliation can help you seek restitution a. Retaliation can come in many forms and can be the result of several different types of issues reported.

Oftentimes the employee will first report issues such as sexual harassment, unsafe working conditions, workers compensation claims, another employee breaking company policy or even broken laws. These employees can also be known as Whistleblowers. Most commonly, discrimination is reported as it relates to an employee’s age, race, gender, sexual orientation, religion, or disability.

As unfortunate as retaliation is, it can be administered in many different ways. Employers have been known to cut hours or pay, pass employees over for promotions, place people on unpaid administrative leave, and even terminate employment. Termination in retaliation for reporting any of the previously mentioned issues would likely be considered a wrongful termination.

It’s also interesting to note that even though there might only be one person, perhaps your manager, giving you a hard time or retaliating against you, under the law the company is still liable for that person’s actions. In 1998, the California Supreme Court ruled that individual managers and supervisors can’t be held personally liable for retaliation. However, the California Fair Employment and Housing Act says that it is unlawful for “any employer, labor organization, employment agency or person” to engage in retaliation.

If you have recently reported some type of illegal or improper activity within the company and your working environment or conditions have been adversely affected, you should seek counsel of an experienced San Francisco labor law attorney. An experienced attorney can help you understand the legal aspects of your situation as well as offer guidance in seeking recompense.

Call us today (415) 230-2755 to learn more about fighting workplace retaliation.

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California state legislation has been at the forefront by passing several bills that prevent sexual harassment in the workplace as well as within the state legislature. The package of bills was signed by the Governor of California, Edmund G. Brown on September 30th, 2018. These bills were put in place in support of women, children, working families in California. Many of these bills addressed sexual harassment and discrimination in the workplace and provide sexual training requirement to address professional liability, settlement agreement and enforcement, and strengthen whistleblower protections by including new protection for state legislature workers.

Key Areas Covered By The New Bills

Frequently Asked Questions

Here, we explore the commonly asked questions that might help you:

i) What constitutes harassment at work place?

Harassment at workplace includes any discrimination against age, sex, pregnancy, religion, marital status among other factors.

United Employees Law Group

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Should the employer deduct credit card processing fees from my tips?
Any credit card charges (processing fee) are considered as the employer’s responsibility. It’s also the responsibility of the employer to keep all the record of the tips you receive. Violation of this law is considered a misdemeanor. If your employer has been crediting the tips against your wages, you’re being underpaid.

Is tip pooling legal?
Yes. Tip pooling refers to the collection of all the tips from employees and then splitting them according to the agreed percentages. In California, this is considered legal so long as the previously agreed conditions are met. A general rule of thumb is that the tips included in the pool should be given to the employees only. Supervisors and managers should not share in the tip of the pool. The law also requires that the servers should get the lion’s share with a smaller portion going to busboys and bartenders.

What are the legal consequences of the violations?
Employees who don’t receive their tips are required by law to bring to their employer’s attention their outstanding tips and gratuities. Any employer who violates the California Laws on dispersing tips and gratuities is considered to have committed a misdemeanor. Therefore, you should file a claim at the labor commissioner’s office to recover any wages or tips that are being illegally withheld. Alternatively, you can seek the services of UELG (united employee law group) to file a lawsuit against your employer. And the best part is that an employee cannot be punished for exercising these rights.

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Before the action is initiated, it’s always important to be cautious since the consequences might really take you to court unless your arguments are real and sound!

The following are tips for blowing the whistle in the workplace:
• Ensure that your family or a close friend is aware of your plan to start blowing the whistle.
• Seek backup by actually doing the research to establish other witnesses who are also disappointed with the same situation.
• It’s always wise to follow the ranks in the organization. If there is a criterion that should be followed then stick to it- start with the first level of authority then proceed onward if they prove to be unwilling to take action. Breaking ranks might really stir things up so you really need to have a clear mindset on this. You may end up with many cases with very intense public concerns and scrutiny!
• Your whistle-blowing should be reported in a timely manner to the government agencies. This will enable the employer to react to you rather than you reacting to the employer.
• Your relationships with the staff and the administration should be maintained! Remember its not a fight, it’s a plight!
• Ensure that every detail that unfolds before and after whistle-blowing is well recorded. This will actually help you as you seek pieces of evidence in instances of a lawsuit!
• All the relevant records and the supporting documents need to be copied before any concerns are raised.
• Isolation here may really not help you! Seek support from independent allies such as the journalist and the and the elected officials. It will be wise to reach for an activist too.
• You will need a competent lawyer for the event, so invest in this.
• Take care not to ruin the situation and embellish the charges.
• Your whistle-blowing process should be done with your own resources. Don’t use your employer’s resources.
• While working with the authorities, try not to be a cynic. You can still trust them even when you know there is something wrong.

Some frequently asked questions are:

1. Should I notify my employer before start whistle-blowing?
   The answer here is yes, depending on the reputation of the company. Some companies are so keen on the reputation and they will want to protect by all means. It’s good to notify them so that they may take appropriate action. whistle-blowing is only relevant when all other attempts have failed!
   2. What if you’re fired before you initiate?
   You can still take the action if the employer followed you with adverse situations concerning your account!

To conclude, the United Employees Law Group (UELG) are ready to protect the rights of the whistle blowers especially on the grounds of exploitation. File your case properly with all the details and you will surely get assisted in instances of improper termination or harassment by your employer!

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If you are an employee employed “at will” that means that your employment contract can be terminated at any time for no reason or any reason, excluding illegal reasons. If your employer decides to cut ties with you that means that it is the end of your work you were hired to do and your legal rights are very limited for the purpose of fighting your job termination. Moreover, an at-will employment means that as an employee you are free to leave your job for no or any reason at any time with no legal consequences that are adverse.

How Do You Know If You Are An At-Will Employee?

The existing law presumes generally that an employee is employed at-will unless you are able to prove otherwise. You can prove that you are not employed at will either through the oral statements made by your employer or your employment-related written documents.

Employment Documents

If you are employed at the present, to know if you are an at-will employee, check your employment documents that mention that. If you signed an agreement or a document stating that you are an at-will employee, your story almost certainly ends here.

In a case that you have not signed a document that agrees that you are an at-will employee then you have to check with manual/written workplace policies. It is important to note some of the
employment documents may not expressly use the term an at-will employee. An employment document may simply state that your contract can be terminated at any time or fired without cause and that makes you an at-will employee.

If you have been fired and a good cause is required for fire then you have to rely on the written policies. Additionally, if you signed an employment contract that guaranteed job security then that
means that you are not an at-will employee.

Statements by Employer

If during the process of hiring or even later you are informed by your employer statements that you will be employed as an at-will employee, the statements will be relied on as proof if your employment contract is terminated. On the other hand, if your employer statements indicate that you will be fired only because of a good cause then that means you are not an at-will employee.

At-Will Employee Rights

Even if you happen to be an at-will employee, still you cannot be dismissed from work because of illegal reasons according to both the state and federal law. For example, you cannot be relieved of duty for complaining about an illegal activity.

At-Will Agreements

To safeguard the right of an employer to fire you at will, as a job applicant or new employee, you will be asked to sign a statement that is written agreeing to you being an at-will employee. Such a written statement might be included in an employment contract, employment application or elsewhere.

When to Sign an Agreement for an At-Will Employment

The default rule that exists is that as an employee you work at-will. In theory, there is no requirement for you to sign an agreement to be an at-will employee. Most courts though are of the view though that your job hiring can be rejected or you can be fired in case that you do not sign to agree to be an at-will employee.

When to Think Twice Before Signing an At-Will Employment Agreement

You should not sign an agreement if you have to rely solely on the promises of your employer for continued employment by accepting the job. Do not sign an agreement that renegades on the promises made by your employer. Ask the employer to include the earlier statements or promises into writing if he/she stands by them. If your employer changes his/her tune or refuses to honor its written statements then it may be the perfect time to talk to us, the United Employees Law Group.

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Workers’ compensation ensures that employees receive benefits when they are injured, contract or develop illnesses in the workplace. This law helps injured employees cover their medical bills and return to their jobs as soon as possible after an illness or injury. The following are frequently asked questions about workers’ compensation:

How do I file a workers compensation claim?

After an injury at the workplace, you should first inform your employer. If your employer is self-insured then you can file the claim directly. You should then visit a doctor and describe your injury or illness to him/her. Your employer will then give you the necessary forms to fill. The employer will submit the filled forms to the workers’ compensation agency and the insurance company. You should visit the nearest workers compensation office if your employer refuses to help you in filing the claim.

The insurance company will investigate and decide whether to approve or deny the claim. You can appeal in case your claim is denied.

Must the injury occur at the workplace for one to be compensated?

You have the right to be compensated as long as the injury is job-related. You will be compensated if the injury occurs during business trips and functions.

Can I be compensated for all work-related injuries?

This law does not cover all the work-related injuries. Your claim will be denied if you are using illegal drugs or when you get the injury while committing a crime. Also, self-inflicted injuries and those suffered while you are not on the job will not be covered.

Does the law cover all long-term illnesses?

Diseases that are caused by bad working conditions such as heart and lung disorders will be compensated. Therefore, you will receive benefits even if your injury was not caused by an accident.

Does it cover my medical bills?

Workers comp will cater to your treatment expenses. In case of permanent disability, you will receive payments to cater for your lost salary. It may also pay for retraining and rehabilitation.

Does it cover all employees?

Workers’ compensation coverage depends on the number of employees, type of work and also business type. Farmworkers, casual and domestic workers are not eligible for compensation.

How UELG can help you!

The United Employees Law Group (UELG) can help you file the claim and appeal in case it is denied. Contact them for guidance and strong representation during trials. Visit https://www.californialaborlaw.info/areas-of-practice/ for more information about UELG’s services.

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Domestic violence is such an hard situation and one needs much time to handle it. As an employee, you may need some medical attention, some time to ensure the safety of your children while at home or just time to settle your domestic disputes with your family and this should not be debated since it is your right to be given time in order to settle such matters.

Where to Report Your Domestic Violence Issues

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Managing Discrimination in the Workplace

Despite the fact that the workplace is assumed to be free from harassment and discrimination, issues can happen. Under these circumstances, you are probably going to feel that you don’t need to leave your job due to the actions of someone else. If you consult with an employment lawyer, he/she can enable you to draft a letter or communicate your concerns to your supervisor. Much of the time, if you handle the situation appropriately, you ought to have the capacity to pick up relief from the culpable practices, and additionally keep your job.

Coping With Injuries

When you get injured at work, some employers will do everything conceivable to abstain from paying for your lost wages and medical bills. Along these lines, in many cases, you should see an employment lawyer that knows how to ensure you increase sufficient compensation. Furthermore, your lawyer will also have the capacity to enable you to discover different sorts of assistance that might be required while you are not working.

Understanding Your Rights

Numerous people that work don’t understand that the government gives certain protections. If an employer or co-laborer disregard those rights, at that point you have a legitimate reason to complain. Needless to state, even people that know about their rights are hesitant to come forward and state their case. An employment lawyer will enable you to connect this hole so that you can work and appreciate progressing in your picked vocation.

While you might have the capacity to hire a lawyer from a different geographic area, a local lawyer will normally be of more use. In many cases, their familiarity with the community and the things you are dealing with will empower them to give you realistic and valuable advice. You are also prone to find that an employment lawyer will be more disposed to understand the value of your specific role in the community and the workforce.

How can United Employees Law Group help you today?

United Employees Law Group (UELG) was formed to help California employees who are wronged by their employers seek justice. It doesn’t matter if it is a specific manager or boss or the entire company. We will help you find a solution to any labor violations. We take a full picture approach where we gather as much information from all angles, which gives us an upper hand while representing you.

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