Trial Archives - Khadder Law

21 Feb Possible Mediation Outcomes

Posted at 09:58h in Accomodations, Calculating Damages, CFRA, Damages, Disability, Disability Discrimination, Emotional Distress, Employment Discrimination, Failure to Accommodate, FEHA, FMLA, Hiring Preference, Leave of Absence, Long Term Disability, Loss of Employment, Loss of Income, Mediation, Medical Condition, Mental Disability, Physical Disability, Re-Employment, Remedies, Resignation, Settlement, Short Term Disability, Trial, Work-Life Expectancy, Wrongful Termination

One of the possibilities in mediation settlement is for the employer to agree to reinstate the employee to the position that they held before they were demoted, or to increase the employee’s pay back to their original pay before their pay was reduced. Mediation can also provide the employee with money for any economic harm or emotional distress that they suffered because of discrimination. For example, if you were paid less, you could, in a mediation, get the employer to agree to reimburse you for the difference of what you were originally paid with what they were paying you when they reduced your salary. However, if you sue your employer, chances are there is going to be some, if not a lot, of friction. Often, in a mediation, an employer will demand, as part of a settlement that involves a payment of substantial money, that the employee resign from their employment and agree never to seek re-employment with that employer in the future. That is not always easy to accept, but if the employer is willing to pay enough money to settle the case, then it may be worth it to resign from your job and agree never to reapply for any job with that same employer. That’s a tough decision to make. Some people would rather have steady income than take a big lump sum of money and have to find a new job. Each case is different, and you have to weigh the risks and benefits of each decision. It is important to consider all of these things if you decide to take legal action against your employer while still employed. For people who have been terminated, the decision is much easier. If they have been wrongfully terminated, there is not going to be the issue of awkwardness or friction at the workplace, because they are no longer there. That makes the decision of taking legal action easier. But, just because you are still employed, by no means should you automatically give up your legal rights to stay with the employer. If you have been discriminated on the basis of your disability by your employer, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

18 Feb Disability Discrimination and Continuing Employment – Is Mediation the Answer?

Posted at 09:54h in Accomodations, Calculating Damages, California Law, Damages, Disability, Disability Discrimination, Employment Discrimination, Failure to Accommodate, FEHA, FMLA, Hiring Preference, Long Term Disability, Mediation, Protected Categories, Remedies, Settlement, Short Term Disability, Trial, Wrongful Termination

Most likely, if somebody is still employed but they experience disability discrimination other than termination; for instance, their job duties or responsibilities are reduced, they get demoted or their pay is reduced simply because they have a disability, then you may still have a disability discrimination case that is worth pursuing. It is awkward to say the least, however, to sue an employer when you are still working for the employer. That’s not to say it doesn’t happen, but in those cases, often the best course of action for all parties involved, especially the employee with the disability, is to try and resolve the case short of going to court or having a trial. Mediation is a voluntary process. The parties don’t have to accept a settlement. But, there is a lot more room for creativity if a case is settled in mediation or other negotiations as opposed to having to take a claim to trial and get a judgment. If you have been discriminated on the basis of your disability by your current employer, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation. ...

02 Dec Degenerative or Progressive Conditions: FEHA’s Protection of Employees from Future Discrimination

Posted at 10:10h in Accomodations, ADA, Calculating Damages, California Law, CFRA, Congenital Heart Defect, Damages, Degenerative or Progressive Conditions, Disability, Disability Discrimination, Emotional Distress, Employment Discrimination, Essential Functions, Failure to Accommodate, FEHA, FMLA, Hiring Preference, HIV/AIDS, Life Expectancy, Litigation - Suing Your Employer, Long Term Disability, Loss of Employment, Loss of Income, Major Life Activity, Mediation, Medical Condition, Mental Disability, Protected Categories, Remedies, Resignation, Settlement, Trial, Undue Burden, Undue Hardship, Work-Life Expectancy, Wrongful Termination

The FEHA prohibits discrimination of physical or mental disabilities that actually exist, or that they believe to exist, even though it doesn’t actually exist. It is also unlawful for an employer to discriminate against an employee who doesn’t currently have a disability but may have a disabling condition sometime in the future. For instance, if an employee has HIV, but not AIDS, they may not presently have any limits on their major life activities. But, if the employer knows that at some point in the future they could become disabled by AIDS, then they might discriminate against that employee. The FEHA clearly prohibits that. Similarly, if someone has some kind of congenital heart disorder, it may not presently constitute a disability because it doesn’t cause limits on their major life activities. But, if the employer believes that in the future it may, they may also discriminate against that employee, and they are prohibited from doing so. There are other examples, but the main point is that if you have an issue or condition that is not presently disabiling, but may become disabling sometime in the future, the fact that it may become disabling prevents an employer from discriminating against you. If you have been discriminated on the basis of your disability by your employer, or future potential disability, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....