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31 May San Mateo Employment Lawyer – New Office

The Khadder Law Firm is pleased to announce the opening of a second office. Now clients and potential clients can meet an employment lawyer at the Khadder Law Firm either in San Francisco or San Mateo. If you are in need of an employment lawyer in the San Francisco Bay Area, contact the Khadder Law Firm today to set up a free consultation in either one of our offices....

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30 May Protection From Workplace Retaliation Under California’s Fair Employment and Housing Act

There is another important protection from workplace retaliation under the State of California, and that falls under the Fair Employment and Housing Act. That retaliation statute is essentially very similar to California Labor Code Section 1102.5, but in this case, the anti-retaliation statute deals with retaliating against an employee for engaging in protected activity that falls under the protection of the Fair Employment and Housing Act. For instance, if you complain to your employer or employment agency that you are being discriminated against on the basis of your race, sex, or religion, sexual orientation, disability, or some other protected category, and then your employer retaliates against you by firing you or taking some other adverse employment actions that materially affect the conditions of your employment, that would constitute retaliation under the Fair Employment and Housing Act. Similarly, if you are being sexually harassed by your employer or by a manager or supervisor, or even in some certain cases by a coworker, and you report that sexual harassment to your employer, and they retaliate against you with some sort of adverse employment action, for instance, by firing you or taking away your responsibilities or benefits, then that too would constitute a violation of the anti-retaliation provision under the Fair Employment and Housing Act. Recently, the Governor of California signed a bill clarifying that the anti-retaliation provision under the Fair Employment and Housing Act also prohibits an employer from retaliating against an employee for requesting a reasonable accommodation for his or her disability. So, if an employee asks an employer to accommodate their disability by giving them light duty work or modifying their duties or schedule in some way to allow for them to deal with their disability and still be able to get their work done, the employer could also be violating the Fair Employment and Housing Act if they retaliate against that employee for requesting a reasonable accommodation. To summarize, there are the two main prohibitions against retaliation in California. One is under the California Labor Code and the other one is under the Fair Employment and Housing Act. They can both be very powerful tools to vindicate your rights in getting justice for workplace retaliation. ...

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25 May Proving Whistleblower Retaliation in California

Under California Labor Code, Section 1102.5, to prove whistleblower retaliation against an employer, the employee must show that he or she has engaged in “protected activity.” Protected activity generally means disclosing unlawful activity by the business to the government or the employer, or managers or supervisors, about unlawful activity of the business. The second element of a whistleblower retaliation claim is that the employer subjected the employee to an adverse employment action. The standard used to determine if the employer’s misconduct amounts to an adverse employment action is sometimes called a “materiality test.” The materiality test is whether the adverse action materially effects the terms or conditions of the plaintiff’s employment. These could be actions that materially affect the employee’s job opportunities or advancements in their career. It could also impact their responsibilities or their rate of pay, or any other types of benefits that are adversely effected that materially change the terms and conditions of the whistleblower's employment. Sometimes, an employer will do little things that can add up to unlawful whistleblower retaliation. For instance, an employer may cut an employee’s pay a little bit. An employer may also take away an employee's responsibilities. While standing alone, each little act may not constitute an adverse employment action under the law. But when taken as a whole, a court could consider the adverse employment action element to be satisfied. The final element for whistleblower retaliation under 1102.5, is that there has to be a causal link between the protected activity and the adverse employment action. Oftentimes it is very difficult for an employee to prove a causal link using direct evidence. For instance, and employer will rarely, if ever, tell an employee that his or her pay or responsibilities are being reduced because the employee was a whistleblower. But circumstantial evidence -- such as the timing of the adverse employment action(s) -- can be used to achieve the same result. For example, if an employer terminates an employee immediately after the employer learns of the employee's whistleblowing, the termination is more likely to constitute whistleblower retaliation. An employment lawyer can help you determine whether you have a whistleblower retaliation claim. Contact an employment lawyer at the Khadder Law Firm today for a free consultation....

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20 May Whistleblower Retaliation Claim Under the False Claims Act

The False Claims Act and the California equivalent, prohibit whistleblower retaliation against a person who "blows the whistle" on a business or person that is violating the False Claims Act. Oftentimes the commencement of a False Claims Act case includes a whistleblower retaliation claim under the False Claims Act. The term “whistleblower” is somewhat broad, but under the False Claims Act, it is the person who is the “relator.” The False Claims Act prohibits an employer from retaliating against somebody who is investigating or looking into potential violations of the False Claims Act. So, let’s say you work for an employer who you believe is over-charging the government or is providing worthless services to the government, or is in some other way violating the requirements that the government placed on the business in order for the business to get paid under the service contract. You, as the employee-relator, start to look at things that you have access to, that you’re allowed to access, and they get wind of that, and they believe that you are investigating or looking into a potential violation of the False Claims Act. Then, if the employer takes some kind of adverse action against you like terminating you, which is the usual type of adverse action, or changing your responsibilities, or lowering your pay, or any other kind of action that materially impacts the conditions of your employment, then you may have a whistleblower retaliation claim under the False Claims Act. The False Claims Act, and the California equivalent, are complex. An employment lawyer can help you navigate the complexities of a whistleblower retaliation claim under the False Claims Act. Contact an employment lawyer at the Khadder Law Firm today for a free consultation to determine if you might have a whistleblower retaliation claim under the False Claims Act....

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16 May What if I Cannot Afford a False Claims Act Lawyer?

In my practice, I take False Claims Act cases on a contingency basis, meaning, I don’t get paid my fees unless I recover money in the case. With a False Claims Act case, the cost of preparing and furthering the case can be quite significant, and in most cases I will pay the cost up front, and then recover those costs in any award that I obtain for the client. So, yes, you can afford a False Claims Act attorney like myself because if I take the False Claims Act case, you as a client, will not be responsible to pay any hourly fees. It will be on a contingency basis. ...

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