Sacramento Employment Law Blog

Sexual Harassment

Every employer is responsible for ensuring the workplace is free of unlawful harassment in Citrus Heights. Harassment in the workplace, at company-sponsored events, and on company time can lead to financial liability for employers and individual employees. While most companies have anti-harassment policies in their employee handbooks, this is not enough to protect a company from a costly sexual harassment lawsuit.

Both federal law and the California Fair Employment in Housing Act prohibit sexual harassment. In California if a manager engages in sex harassment against an employee under their direct supervision, the company may be held strictly liable. Furthermore, employers cannot retaliate against you because you complain about sexual harassment.

Overtime Wages

California overtime laws protect hourly California workers from abuses by employers with a variety of rules and regulations. Outlined below are important California overtime regulations. Also included are two exceptions to California overtime pay rules. If you feel you may have an overtime claim or other labor law violation, a California labor law attorney will provide a free case review. Read More »

You put in your time but you are not paid for the work that you have performed. Employers sometimes fail or refuse to pay employees the amount of wages that they have rightfully earned. This may occur in the form of unpaid wages, unpaid overtime, delayed payments and the withholding of commission or bonus wages. When this happens, you may have the legal right to recover the money you have earned. Read More »

Social media has added a new facet to employment law issues, as employers and employees are working to define the bounds of what constitutes allowable social media usage. Specifically, what are appropriate disciplinary actions for inappropriate online conduct.

There is speculation on whether employers can limit what employees are allowed to post about the company on their own time, as well as whether or not social media use on off hours can result in getting fired.

A Georgia judge recently ruled against a (now former) school teacher who allegedly lost her job due to Facebook pictures showing her holding alcoholic drinks while on vacation. A parent called to complain and the school fired her, the judge ruled in favor of the school’s action in the resulting lawsuit.

The recent NBA lockout could mean some teams may dissolve completely if a resolution isn’t met before the end of the season. Many are speculating that our Sacramento Kings are one of those teams who could take a hit.

So when CBS13 reporter Ben Sosenko needed an authority on employment law and contracts, he contacted The Law Office of Bowman & Associates, APC and spoke with founding attorney Robert Bowman on the issue.

Sacramento attorney Robert Bowman has spent years negotiating labor agreements. He thinks Hunter is preparing the players for a deal from the owners that might not be exactly what they’re looking for, but also one that isn’t as negative as a franchise dissolving.

“It sounds like he wants to set the tone for the players and say, ‘Hey, you’re going to have to make some concessions to make this work,” Bowman said.

– CBS Sacramento

In California, losing your job doesn’t necessarily mean you have to walk away without a fight. California’s “at-will” employment doctrine states that employers can terminate or demote at-will employees without just cause, but there are exceptions. For example, if you are fired or demoted because of unlawful discrimination or other unlawful reasons, you may have a wrongful termination claim. The Law Offices of Bowman & Associates have years of experience dealing with these cases, and will put their skills to work for you if you feel you have been wrongfully terminated.

Losing your job, especially for unlawful reasons, is very stressful. When you suddenly lose your source of income, there isn’t much you can do. You may have a right to bring a wrongful termination claim against your former employer, especially if there was unlawful activity behind your termination. You may be able to negotiate a severance package that include adequate compensation if you haven’t officially left your job yet. The attorneys at Bowman & Associates will explain your options and make sure you understand the laws regarding your claim.

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When you are forced to leave a job due to illegal conditions or are terminated because of discrimination or other unfair circumstances, you may be eligible for employment compensation. The form of temporary financial assistance, provided by the government, will allow you to have some income while you search for another job. There are limitations and restrictions, and some cases become complex. An experienced unemployment compensation attorney can answer your questions and show you your options.

In California, there is a system for determining if you are eligible for unemployment compensation. The amount you receive and how long you receive it for are also decided through this system. A typical unemployment compensation claim will result in 26 weeks of pay at a fraction of what you made at your previous job. There are several requirements which affect your eligibility for benefits, including:

• You must be unemployed and willing to work
• You must look for new employment while receiving benefits
• You must fill out the necessary paperwork honestly and correctly
• You must periodically report to the unemployment office Read More »

Sexual harassment is defined as any unwelcome sexual advancement, requests for sexual favors, and any other conduct of sexual nature when submission to said conduct is the basis of employment decisions or creating a hostile work environment. There are many circumstances of sexual harassment that you may not be able to control, or are afraid to report due to your employment situation.

There are hundreds of unique situations that could affect you in your place of employment. Sexual innuendos and slurs as well as content in notes or e-mail that is of sexual nature can be considered sexual harassment. Demeaning names, insults, threats, leering, whistling, touching, pinching, fondling…the list goes on. Pressure for sexual favors or intercourse, even if you submit, is sexual harassment. It is important to know the signs and understand when someone is harassing you. It is better to handle the situation properly before it escalates or someone gets hurt. Contact an attorney as soon as you notice any behavior that could turn into sexual harassment. Read More »

Whether you are an employee or employer, you have obligations that need to be met and relationships to uphold. Employees have rights against discrimination, wrongful termination, and sexual harassment. Employers are not allowed to retaliate against employees for reasons related to public policies, or against their privacy.

Many characteristics are protected against discrimination by employers, such as race, religion, ethnicity, disability, and many others. Your rights as an employee should not be violated by an employer. If you feel you have been discriminated or retaliated against, harassed, or treated in an offensive manner, contact the law offices of Bowman & Associates, APC, today. Our employment law attorneys have 30 years of combined experienced protecting the rights of employees across Northern California. Read More »

Losing a job on now fault of your own can affect your lifestyle. The frustration of looking for a new job, as well as the time spent without receiving pay, are not worth your suffering. Unemployment compensation is an option for anyone who has been terminated from employment unfairly.

Filing a claim for unemployment compensation can be a drawn out and lengthy process. You can make it easier on yourself by being prepared before filing. It is important to make sure you are eligible in the first place, and you must have the following information ready when you file your claim:

• Your name and Social Security Number
• Your mailing address and telephone number
• Your driver’s license or ID
• The last date you worked for any employer
• Last employer information, including: name, address and telephone number
• Information on all employers you worked for during the 18 months prior to filing your claim
• The name of the employer you worked for the longest within the last year and a half
• The reason you are no longer working for your last employer. – be as specific as possible
• Whether you are receiving, or expect to receive any payments from a former employer
• Whether you are able to work and available to accept work.
• Whether you have a legal right to work in the United States.

Sacramento Unemployment Compensation Attorney

If you have been unfairly denied of your unemployment benefits, or are an employer being challenged, contact an experienced unemployment compensation attorney in Sacramento at the Law Office of Bowman and Associates, APC to schedule your Free Initial Consultation. There is no reason for you to wait any longer to settle your compensation claim.

Discrimination in the workplace leads to more than just a bad day. It takes a toll on the physical, mental and emotional well-being of employees. Often, the burden falls on the worker to prove that he or she is being discriminated against. It is important to know what you are up against, and the laws that may help or hurt your case.

The United States Constitution prohibits discrimination by federal and state governments. State constitutions may also afford protection from employment discrimination, such as Article I of the California Constitution. There are many specific rules about age, ethnicity, pregnancy, and religion that prohibit employers from discriminating.

Laws prohibit discrimination in the workplace on the basis of gender, race, ethnicity, religion, disability, pregnancy, age, and many other traits. It is illegal for employers to hire, fire, altar wages, or promote by discrimination based on certain traits. Like most discrimination, employment discrimination may occur intentionally or unintentionally, because of prejudice or ignorance.

Roseville Discrimination Attorney

If you have been a victim of  discrimination at your workplace, or are an employer being challenged, contact an experienced employment discrimination attorney at the Law Offices of Bowman and Associates, APC to schedule your Free Initial Consultation today.