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Sherman Oaks Employment Law Blog

Can I claim wrongful termination if I accepted severance pay?

When you had your employment terminated, it is likely that you were in a state of shock and perhaps panic. When such an unexpected thing happens, we may worry about our future, and especially about our finances. Therefore, when a severance pay package is offered, we will most likely accept it without thinking twice.

Many terminated employees, after having a few days or weeks to reflect on their termination, may come to the conclusion that they were, in fact, wrongfully terminated. The reason why they might feel this way could be due to discrimination, or because they made a complaint shortly before their termination. Whatever the reason for the belief that they were wrongfully terminated from their job, they may be worried that since they already accepted their severance pay, they may be unable to make a claim.

What can I do if I was wrongfully fired as a nurse?

Being fired as a nurse can leave you in a very insecure financial situation, but it can also impede your ability to get a job afterward. Other hospitals might question the fact that you were previously fired or dismissed, and this could hurt your career options. It also might mean that you become forced to take a cut in salary.

However, if you believe that your termination was wrongful, it is important that you take the appropriate action so that you can clear your name and not suffer as a result. There are many ways in which you are able to fight back as a wrongfully fired nurse in the state of California.

New bill enforces breastfeeding privileges

The controversies surrounding breastfeeding in the media have extended to workplaces on several occasions. While pregnancy is often the more discussed topic, some companies and businesses have had issues with their employees breastfeeding in the past, leading to some workers facing acts of discrimination.

While federal laws now require employers to make efforts to provide new mothers with the right space and amount of time to breastfeed their baby, a newer bill passed by Governor Jerry Brown clarifies the duties a California employer must perform to find the right space for an employee to lactate.

Were you fired for being gay in California?

Many lesbian, gay, bisexual and transgender (LGBT) employees get the feeling in the workplace that their employer or co-workers treat them differently because of their sexual orientation. This can be a very frustrating and upsetting experience and one that you might feel powerless to do anything about.

However, if you have experienced harassing behavior from employees or managers in your workplace that you have linked with your sexual orientation, it is likely that you will be able to make a claim of workplace harassment or discrimination. In addition to this, if you were fired shortly after experiencing harassment that related to your sexual orientation, you may have a reason to believe that the reason for your firing was due to your sexual orientation.

What is a hostile work environment?

If you believe that you were harassed at work in the state of California, it is likely that you have researched how the law works in regard to workplace harassment cases. Generally speaking, an act in the workplace is considered to be harassing behavior if it was persistent or severe enough to have created a hostile work environment.

However, many people are confused about what a hostile work environment is. This is why it is important to consider the way that a specific action made you feel and how it affected your work if you are considering taking action. You can take action by filing a workplace harassment claim in the state of California.

How can California laws protect you from discrimination?

If you are a worker in the state of California, it is important to know more about the laws that you are protected by. While you are protected by many federal laws, there are others that are specific to California. These laws include the Fair Employment and Housing Act (FEHA) that specifically protects people in California from discrimination in working environments.

The FEHA is a very important piece of legislation for taking action against discrimination. Therefore, if you believe that you have been discriminated against in the state of California, it is important that you learn more about taking action and what rights you have to do so.

Can I be wrongfully terminated under at-will employment?

When a person is employed at-will in the state of California, it means that there is no notice period that either employee or employer must adhere to when ending the employment relationship. This means that the terms of employment are not very secure and there will likely be no severance package or other benefits to come with the employment termination unless it is stated in the contract.

However, although an at-will employment can be ended at any time without a reason, this does not mean that an employer can end the employment for an unlawful reason. A person being employed at-will can still have their employment wrongfully terminated. They have the right to take legal action if they believe that this is the case. The following are some examples of when an employee might be wrongfully terminated.

Age discrimination facts that could affect your employment

Age discrimination continues to be a concern for current and prospective workers. Despite clear laws to protect workers from age discrimination, many workers over the age of 40 still face age discrimination at work. Ageism can be frustrating because it is allowing others to judge you for something that is beyond our control.

According to AARP, people over the age of 35 claim that age discrimination is their main obstacle to finding a job. They also cite that two out of every three workers over 45 have either experienced or witnessed age discrimination while at work. The U.S. Equal Employment Opportunity Commission reported there were 20,857 age discrimination claims filed in 2016.

Am I a nonexempt employee?

The Fair Labor Standards Act (FLSA) has a set of guidelines in place that determines who is protected by certain laws that are in place for employers. Whether you are exempt or nonexempt can be quite confusing for both employees and employers, but it is very important in determining your rights when it comes to gaining overtime pay and minimum wage.

If you are confused about whether you are an exempt or nonexempt employee in the state of California, it is important that you establish this so that you are in a position of power to stand up for the rights that you have.

What evidence can help prove employment discrimination?

Despite the many federal and state laws prohibiting employment discrimination, it still occurs at an alarming rate in California and other states. It is difficult in many cases to understand why employment discrimination still happens in this age of tolerance and acceptance. Some victims may even have difficulty determining if they are suffering discrimination or just imagining things.

If you are having these kinds of thoughts at all, it may serve your best interests to seek professional advice about your work issues. A meeting with an employment lawyer can help you uncover the truth about your employment situation. It offers the added advantage of providing you with suggestions for a legal action plan if discrimination based on gender, religion age or disability has indeed occurred.


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