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17 Feb What is a hostile work environment?

If you are experiencing an intimidating, hostile, or offensive work environment that interferes with your ability to perform your job, you may have a hostile work environment or harassment claim against your employer. Does that mean that you can sue your employer because your boss or co-worker is a jerk? Not necessarily. To be actionable, the hostile work environment/harassment must be based on a protected category, including race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. If you believe that you are the victim of a hostile work environment or harassment at work because you fall into one or more of these protected categories, you should speak with a labor and employment attorney right away. Contact the Khadder Law Firm today for a free initial consultation. ...

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12 Feb Severance Agreements – Be Careful What You Sign

I often get calls from people who, for various reasons, find themselves presented with a severance agreement when they are terminated or resign from employment. The severance agreements usually offer some nominal payment beyond the employee’s wages in exchange for a release of potential claims. In other words, the employer will give the employee money and in return, the employee agrees to give up any legal claims he or she may have against the employer. What the employee may not realize, however, is that by signing the severance agreement, the employee may also be giving up the right to bring legal claims against the employer that the employee is not even aware exists at the time of signing. For instance, the employee may learn after signing the severance agreement that the employer’s real motivation for terminating the employee was discriminatory or unlawful retaliation. The severance agreement may prevent the employee from filing a lawsuit against the employer, even though the employee did not know that he or she was terminated for an unlawful reason. It is important to review the severance agreement carefully. If you suspect that your employer acted unlawfully, it may not be in your best interest to sign the severance agreement. Ultimately, you will need to decide whether or not to sign the agreement, but seeking the advice of a labor and employment attorney before signing the severance agreement may be advisable. The Khadder Law Firm can assist you in evaluating whether you have a legal claim against your employer before you sign the agreement. In addition, the Khadder Law Firm can review your severance agreement to identify any potential red flags that should be addressed with your employer before signing the agreement. Contact the Khadder Law Firm today for a free initial consultation....

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22 Aug Sexual Harassment Does Not Require Sexual Desire

Sexual harassment in the workplace often involves sexual desire on the part of the harasser. But an amendment to California law prohibiting sexual harassment makes clear that sexual harassment need not be motivated by sexual desire to be unlawful. Senate Bill 292 was signed into law by Governor Jerry Brown on August 12, 2013 and amended California Government Code, Section 12940 to provide that: “Sexually harassing conduct need not be motivated by sexual desire.” This is an important development in the protection of employees. The amendment was a response to the decision in Kelley v. The Conco Companies (2011) 196 Cal.App.4th 191. In that case, a male employee was “subjected to a barrage of sexually demeaning comments and gestures by his male supervisor, and later to similar comments by male co-workers.” The nature of the sexually demeaning comments and gestures is too graphic to describe in the blog post, but rest assured they would be considered severe and outrageous by any reasonable person. Indeed, the Court itself found that the sexually demeaning comments and gestures were “crude, offensive and demeaning.” Notwithstanding this finding, because there was no evidence that the sexually demeaning comments and gestures were motivated by sexual desire, the sexual harassment claim failed. Fortunately, Senate Bill 292 effectively overturned the ruling in Kelley v. The Conco Companies. This was and should have been a no-brainer. Sexual harassment, whether motivated by sexual desire or not, is still offensive and unfairly affects the subject of the sexual harassment. Just because there may not have been sexual desire does not mean that the work environment is not hostile. Employees already have many challenges that they face at the workplace. A hostile work environment or sexual harassment should not be one of those challenges. If you feel that you are being sexually harassed at work, or are experiencing a hostile work environment, contact the Khadder Law Firm today for a free initial consultation...

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07 Apr Labor and Employment Attorney – Bay Area

Welcome to the Khadder Law Firm blog.  Here you will find regular blog entries regarding various subject matters including recent case and legislative developments, tips for dealing with employers, links to resources, and the occasional thoughts and ramblings on current affairs. In addition, the Khadder Law Firm welcomes questions and topic requests from its readers. You can send your questions/requests to blog@khadderlaw.com. Please check back regularly for new blog entries. Until then, we welcome you to explore the Khadder Law Firm Web site. And if you believe you have a potential labor and employment case, contact the Khadder Law Firm today for a free consultation with a labor and employment attorney. ...

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