 |
|
|
Disability
Employment carries with it responsibilities on the part of employers to employees and employees to their employers. Public policy, now embodied in the law, protects against certain employment practices. For example, with respect to those persons with disabilities, under the Americans' with Disabilities Act (ADA), the Rehabilitation Act, or the California Fair Employment and Housing Act (FEHA), if employers commit acts of discrimination based on those disabilities, an employee has certain rights and remedies.
The three acts are separate and distinct in that the Rehabilitation Act applies only to Federal Agencies, Federal Contractors and recipients of Federal financial assistance. The ADA applies to all employers in the private sector with more than 15 employees.
FEHA applies to employers with five or more employees.
If you feel that you been the victim of a discrimination based upon a disability you have, you should consult with the competent counsel of AMMIRATO & PALUMBO, LLP to determine what rights and remedies may be available.
DISCLAIMER
The above information is general information only. It is not intended to be relied upon as legal advice in any particular case. Each personal injury or property damage case is specific to the individual and must be considered and evaluated on an individual basis. In order to retain the services of our firm, a written retainer agreement must be signed by both you and by a partner of our firm. Unless and until a written agreement is signed, there is no attorney-client relationship and you should not take anything on this site as advice in any personal injury matter or any other case in which you may be involved. If you have any further questions about your legal rights and remedies, please feel free to contact AMMIRATO & PALUMBO, LLP.
back to top
Discrimination in Employment
There are many statutes that protect against discrimination in employment. These include, but are not limited to Title VII in the California Fair Employment and Housing Act; Federal Statutes relating to racial discrimination, beginning at 42 U.S.C. §1981 and §1983. Similarly, our California Constitution and our California Labor Code provide other protections against unlawful discrimination.
If you feel that you have been the victim of unlawful discrimination in your employment, you should get the advice of competent counsel.
DISCLAIMER
The above information is general information only. It is not intended to be relied upon as legal advice in any particular case. Each personal injury or property damage case is specific to the individual and must be considered and evaluated on an individual basis. In order to retain the services of our firm, a written retainer agreement must be signed by both you and by a partner of our firm. Unless and until a written agreement is signed, there is no attorney-client relationship and you should not take anything on this site as advice in any personal injury matter or any other case in which you may be involved. If you have any further questions about your legal rights and remedies, please feel free to contact AMMIRATO & PALUMBO, LLP.
back to top
Sexual Harassment
As with racial discrimination, Federal Law, namely Title VII of the Civil Rights Act of 1964, makes it unlawful for an employer to discriminate against any individual with respect to terms, conditions, or privileges of employment because of such individual's race, color, religion, sex or national origin 42 U.S.C. annotated §2000e-2(a)(1).
You may have a sexual harassment case under Title VII if the harassment is "so severe or pervasive as to alter the condition of (the victim's) employment and create an abusive working environment" Clark Co. School District v. Breeden (2001) 532 U.S. 268, 270, 121 S. Ct. 1508, 1509.
If you feel that you have been the victim of an improper sexual harassment, you should seek the competent legal counsel at AMMIRATO & PALUMBO, LLP.
DISCLAIMER
The above information is general information only. It is not intended to be relied upon as legal advice in any particular case. Each personal injury or property damage case is specific to the individual and must be considered and evaluated on an individual basis. In order to retain the services of our firm, a written retainer agreement must be signed by both you and by a partner of our firm. Unless and until a written agreement is signed, there is no attorney-client relationship and you should not take anything on this site as advice in any personal injury matter or any other case in which you may be involved. If you have any further questions about your legal rights and remedies, please feel free to contact AMMIRATO & PALUMBO, LLP.
back to top
Wrongful Termination from Your Job
In the absence of written agreements providing otherwise, almost all employment contracts are terminable at will. (California Labor Code §2922). However, under very limited and narrow exceptions to this rule, an employer's authority to terminate an at-will employee may be limited by statute or by considerations of public policy.
While "an at-will employee may be terminated for no reason, or for an arbitrary or irrational reason, there can be no right to terminate for an unlawful reason or a purpose that contravenes fundamental public policy." GANTT the Century Insurance 1992 1 Cal. 4th 1083, 1094, 4 Cal. Rep. 2d 874, 881; Silo v. Chw Med. Found. (2002) 27 Cal. 4th 1097, 1104, 119 Cal. Rep. 2nd 698, 703).
A wrongful discharge for a wrongful act committed in the course of a contractual relationship may provide both a contract remedy and an additional non-contractual remedy as well.
If you have recently been terminated or discharged and you feel that the reasons given may violate fundamental public policy, you should consult with the competent legal counsel at AMMIRATO & PALUMBO, LLP to determine what your right and remedies are.
DISCLAIMER
The above information is general information only. It is not intended to be relied upon as legal advice in any particular case. Each personal injury or property damage case is specific to the individual and must be considered and evaluated on an individual basis. In order to retain the services of our firm, a written retainer agreement must be signed by both you and by a partner of our firm. Unless and until a written agreement is signed, there is no attorney-client relationship and you should not take anything on this site as advice in any personal injury matter or any other case in which you may be involved. If you have any further questions about your legal rights and remedies, please feel free to contact AMMIRATO & PALUMBO, LLP.
back to top
|
|
|
