Uncategorized

06 Dec Oakland Warehouse Fire

On the evening of December 2, 2016, at least 36 people, many in the prime of their lives, were killed while attending a concert at a warehouse in the Fruitvale neighborhood of Oakland, CA. The Oakland Warehouse Fire is a horrific tragedy that has shocked all Bay Area residents and beyond. What should have been a night of fun and enjoyment, turned into one of the deadliest fire disasters in the Bay Area in recent history. Beyond the victims are many more friends and loved ones who have lost someone dear to them. While it is too early to say if this could have been prevented, it appears that there were failures on multiple levels. The victims and their families deserve a thorough and honest investigation. And those responsible, whether it is the City of Oakland or the owners and tenants of the building, should be held accountable. The Khadder Law Firm sends its deepest condolences to all of those affected by the Oakland Warehouse Fire....

Read More

02 Aug Possible Remedies for Disability Discrimination

There are a number of remedies for disability discrimination in employment. If you're fired from your job because of your disability, or if your employer refuses to accommodate your disability, which forces you to resign, then you could be entitled to damages for lost wages. Also, depending on how long it takes you to find a comparable job to replace the job that you lost, you could be entitled to lost future of income. In addition, if you are terminated or forced to quit because of a disability, you likely will experience emotional distress as a result. Terminating an employee with a disability could be devastating. Moreover, it probably comes as no surprise that employees who have a disability, particularly an obvious disability, have additional challenges in securing new work. If you believe that you have been harmed because of disability discrimination by your employer, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate whether you are entitled to an award for your damages resulting from disability discrimination. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of disability discrimination claims and damages. Contact the Khadder Law Firm today for a free consultation....

Read More

05 Jun FMLA Retaliation and Interference

I often receive calls from potential clients about FMLA retaliation and interference. The Fair Employment and Housing Act prohibits retaliation for requesting a leave under the California Family Rights Act, or the Federal equivalent, which is the Family Medical Leave Act, or FMLA. The employer is prohibited from retaliating against the employee for exercising his or her rights to leave under the FMLA or the CFRA, and retaliation could include such things as firing the employee or refusing to reinstate the employee to their position once their leave ends. In connection with that, some courts will make a distinction between retaliation and what is called “interference” under the FMLA or CFRA. For instance, if an employer tells an employee that the employee is not entitled to leave when in fact they are, that could constitute interference. Oftentimes, the claims for retaliation and interference under the FMLA and CFRA will overlap. An experienced California labor and employment attorney can help the employee navigate the differences between the two, and may bring both types of claims where both types of claims are actionable. ...

Read More

03 Jun Court rules that employers cannot impose unlawful arbitration clauses on employees

I have made no secret about my extreme distaste for mandatory arbitration agreements imposed on employees by their employers. As a result of a 2011 decision by the United States Supreme Court, employers have increasingly forced employees and new hires to sign arbitration agreements. These agreements prevent employees from suing their employers in a court of law and having a jury decide their cases. It is a deprivation of justice that has impacted the rights of employees to have their day in court and obtain justice. Just last week, however, the Seventh Circuit Court of Appeals in Chicago ruled that employers cannot impose unlawful arbitration clauses on employees. More specifically, the Court ruled that employers cannot impose an arbitration agreement on their employees that prevents employees from banning together to file a class action against their employers. According the the Court of Appeals, arbitration agreements that interfere with the right of employees to sue employers in a class action violates the National Labor Relations Act ("NLRA"), and are therefore unlawful. The NLRA prohibits employers from interfering with their employees' right to engage in a "concerted action," which includes filing a class action or unionizing. This decision is the opposite of a previous decision by another federal court of appeal. With the split in decisions between the courts, the Supreme Court is likely going to have to look at the issue to resolve the split. Given that the Supreme Court only has eight justices at the moment because of the Republican's refusal to consider President Obama's nomination for a ninth justice, the stakes could not be higher for the upcoming election that will decide who gets to appoint a potentially tie-breaking justice. It will be interesting to see how this plays out. I will update readers if and when the Supreme Court takes up this issue. If your employer required you to sign an arbitration agreement, and you believe that you have a legal claim against your employer, an employment lawyer at the Khadder Law Firm can help you navigate the effects of an arbitration agreement on your potential case. Contact an employment lawyer at the Khadder Law Firm today for a free consultation....

Read More