Shegerian Conniff

California's employment laws are constantly being improved to ensure that employees receive fair wages and treatment. Some laws also assist in protecting employers from unfair practises. Take a look at some of the state laws that are already in the work for 2023, as well as what will be in place in 2023. Read our blog for more details.

The process of grievance redressal should be easy to understand. Your employment law firm will explain to you how a complaint from an employee is passed on to their supervisor and how the rest of the process unfolds. There are cases when you will notice that your supervisor himself is the problem. In such a situation your attorneys at Shegerian Conniff will advise you to take this complaint to the next manager in line. This is the individual who holds the position of a supervisor above your supervisor. The person against whom you have filed a grievance report or complaint is going to respond to your request as per the company policies.

In case you receive an unsatisfactory response from the supervisor / manager, the entire matter can be escalated to the higher management team. At this point of time you will be connected with the senior manager who is going to require a few more details and additional facts regarding the entire case so that he can make an informed decision. The following steps may be included in the entire grievance redressal process:

Interviewing of the candidate / employee

Meeting with both the parties involved either on one-on-one basis or at the same time

Assigning a panel of colleagues / experts / management personnel to assist in the entire process

Deciding upon a fact gathering team and entrusting them with the responsibility for the same

The next step will be a proposed resolution by the management

In case it is not acceptable by the employee, legal action may be taken either through arbitration or a lawsuit

Grievances And Complaints 

Points You Should Understand Before You Put The Process Into Action If as an employee you feel that you are being mistreated or not treated fairly by your manager or any other supervisor, you are in a position to file a grievance or complaint. The ideal course of action for any individual will be to file a grievance for relief. This applies to you if you are feeling harassed at your workplace by your manager or a coworker. You can do that if you are majorly dissatisfied with any other aspect of your employment or probably the working conditions prevalent in your company. The very first professional that you can discuss your concerns with is going to be your employee relations specialist. You can also seek assistance from your human resource office for the same. Your employment law firm and attorneys will also be able to help you understand your rights in your specific situation. They will explain to you the entire procedure of filing a grievance.

What Could Be The Possible Complaint / Grievances Faced By You As An Employee?

If you have made up your mind to file a complaint for the many adverse conditions that you have been facing in your workplace, remember that a complaint is typically more formal than a grievance report. It may include the following:

Workplace discrimination based on your race, color, creed, national origin, sex, religion, handicap situation, marital status and so on

Incorrect payment of salaries and money due to you at the end of the month

Matters related to worker’s compensation

Performance based action and related matters

You may also file a complaint / grievance if there has been an alleged violation of the federal labor management relations statute or if you happen to notice an unfair labor practice at your workplace

Every employee in your organization including you is entitled to their privacy at the workplace. According to several employment law firms and attorneys at Shegerian Conniff, in addition to the many protocols and norms that everyone has to follow, there are certain rules regarding your privacy as well that you should know about. These rules allow the company to monitor your activity and daily operations.

What Are Your Rights With Regards To Your Privacy And Monitoring At The Workplace?

Employees’ rights are governed by various federal and state laws. When it comes to privacy and monitoring in the workplace, an employer should inform the employee about any monitoring activities going on at their company premises. They are responsible for duly informing their employees and candidates and obtaining prior consent from them for the same before they begin monitoring them. It is also allowed under the law, provided it is completely legal.

What stand out the most are the incidents where the computer systems of employees are largely targeted. Typically, employers who set up monitoring equipments in their company premises have a valid reason for doing so in the first place. They regularly monitor the emails and internet usage of their employees. Any emails being sent out from the computer systems and severs of the company are considered company property.

The Electronic Communications Privacy Act How The Rights Of Employees Shape Up

Under this act, there are some legal limitations to monitoring the activities and operations of employees at the workplace. The employer has a right to maintain decorum and ensure that no rules are broken but all of it comes with limitations. The law says that no personal calls or voicemails should be monitored. An employer is not allowed to tread beyond a point in the name of surveillance where any of it does nothing to help him maintain business operations and / or confidentiality of contracts. Therefore, calls and voicemails of personal nature should be completely kept out of the purview of workplace monitoring.

Security Cameras And You Should An Employee Be Worried?

An employer generally has the right to monitor the activities of their employees via security cameras and similar equipment. No security cameras should be put in the bathrooms or any dressing rooms.

Laws That Regulate Enforcement Of Privacy Policies And Online Data Security:

The Federal Trade Commission Act

The Children's Online Privacy Protection Act

The Telephone Consumer Protection Act

The Fair Credit Reporting Act

The Health Insurance Portability And Accountability Act

The Financial Services Modernization Act

The Electronic Communications Privacy Act

The Computer Fraud And Abuse Act

The Judicial Redress Act

It might sound a little inhuman and insensitive but people do get discriminated against on the basis of their health conditions and disabilities. Several employment law firms in the city report of similar cases almost on a regular basis. The expert attorneys at Shegerian Conniff would advise you to understand how the Americans with Disabilities Act and the Family and Medical Leave Act affect your employment and its terms and conditions.

If you feel that you have been at the receiving end for such kind of discrimination at your workplace, you should be aware of your rights.

According to the Americans with Disabilities Act, any private employer who has 15 or more employees is prohibited from discriminating against any employees working for them whether they are temporary trainees or an applicant for any particular job. The law also says that under the Family and Medical Leave Act any employers who have 50 or more workers working for them are completely prohibited from discriminating against any employees / associates if they exercise their right to leave under this act.

What Is Medical Condition Discrimination And Harassment At Workplace?

The Fair Employment and Housing Act came into existence in 1959. It is a state law that completely prohibits medical condition discrimination. This means that there will be no discrimination on the basis of any medical condition of any employee. This discrimination may comprise but not be limited to:

Adverse employment actions

Refusal to hire an individual

Termination of an employee's contract

Failure to promote an employee

Reduction in the salary / compensation of the employee based on their medical condition

Permitting / allowing this or any kind of discrimination / harassment to continue against the employee in question

For example, in the state of California, under the Fair Employment and Housing Act any employer who has at least 5 employees will never be allowed to discriminate against any employee based on their medical condition and among other several related or unrelated / protected characteristics.

What Is Defined As A Medical Condition Under The FEHA?

FEHA defines a medical condition as any impairment of an individual resulting out of cancer or any genetic characteristics that put the individual at an increased risk of developing a disorder or disease. These medical conditions may include other physical or mental disabilities but may not be limited to them. Examples include:

Bipolar disorder

Clinical depression

Chronic diseases

HIV / AIDS

Dementia

Schizophrenia

Anxiety among many others

Reasonable Accommodations According To The Americans With Disabilities Act

What Your Employment Lawyer And Attorneys Want You To Understand

According to the Americans with Disabilities Act any employer with more than 15 employees should provide reasonable accommodation for any individuals / employees with disabilities. This is required of them unless it is extremely difficult to perform or would lead to undue hardships for the organization. Following are the 3 categories of reasonable accommodations:

Changes and alterations made to the job application process

Changes and alterations made to the work environment or the way a job is being performed / completed

Changes and alterations made to the organization / company so that it enables the employee with any medical condition / disability to enjoy equal benefits and privileges as the rest of the employees in the organization do

What Amounts To Undue Hardship For An Organization?

According to the lawyers and attorneys at Shegerian Conniff, undue hardships would be all the challenges within an organization that would eventually lead to hampering the operations of the company. They might lead to significant difficulties such as increase in expenses, disruption in regular functions of the business, social disharmony among various team members across business divisions and the like.

In case any individual has faced the problem of racial bias then the best option is to file a claim by contacting EEOC. The first step is to contact EEOC and tell them about the case. The candidate can use both online and offline mode for establishing contact. Though he cannot file the claim on call but the EEOC's professionals can guide him. Accordingly, he can understand that if he is having a valid claim or not. If the claim is valid then the Professional refers them to the local or nearest EEOC office. The candidate only has 180 days from the date of the incident to file the claim with EEOC. 

What happens after the claim is filed?

Once the claim is filed, the EEOC representative is going to discuss the positives and negatives of the case. Then the candidate has to make the decision whether he wants to proceed or not. If the candidate wants to continue then the EEOC can continue the investigation. In the first step, the EEOC is going to contact the employer and will ask to stop the bias. The EEOC Professionals will play the role of mediator. Most of the time this approach helps in solving the case.

If the process of mediation is unsuccessful and EEOC believes of racial discrimination then a lawsuit can be filed. Now not the candidate but the EEOC is going to file the lawsuit on candidate’s behalf. Before this EEOC is going to close the investigation process and will provide notice. In this notice, there is a clause that the candidate can sue the employer. This notice has a time limit of 90 days. This means the candidate has to file the lawsuit in 90 days if he wants to sue his employer. In case he is unable to file the claim in 90 days then the court can dismiss his claim. In case the EEOC finds no racial bias then the claim is immediately dismissed. The candidate shouldn’t worry as he has the right to appeal. In this case, he has to show additional evidence of discrimination or he should be able to explain why EEOC should consider his case again. 

Issues of employment law are dealt with in civil law. This factor simply narrows your search to attorneys who practice civil litigation. A lot of factors need to be taken into consideration in selecting an employment lawyer. For more information, click here: https://penzu.com/public/d7f148ce

Employment lawyers handle lawsuits and disputes that are concerned with the workplace and impact the relationship between the employee and the employer. The job of an employment lawyer has its own challenges but it also provides a range of opportunities for the personal growth of the attorney.

Tasks performed by an employment lawyer

Employment lawyers or employment law firms offer advice to employers or employees in multiple aspects of employment ranging from hiring to termination. The counsel provided by them can be conscientious or non-conscientious. Conscientious advice comprises of representing and assisting clients in preparing for and going through the process of litigation or internal processes that include disciplinary hearings. Tasks that are non-conscientious include offering day-to-day assistance to the human resources departments of organizations. The support can be in the form of advising, drafting and reviewing on employment contracts, compensation and benefits policies, employee policies, etc.

Cases on employee law

Employment lawyers offer guidance on a range of cases and issues that arise in the workplace setting. These issues can include workplace discrimination, harassment, human resource policies and practices, disciplinary action and termination, severance agreements, retrenchment or reduction programs, restrictive covenants, confidentiality agreements, waivers and releases, workplace investigations, drug and alcohol testing, etc.

Expertise of an employment lawyer

Employment law entails knowledge in common law and statutory and domestic legislation. Employment attorneys require exceptional analysis, interpersonal skills, communication as they often perform the role of mediators for employees and employers. Their job needs them to deal directly with people most of the time. Lawyers of reliable employment law firms like Shegerian Conniff establish and maintain confidence and trust with the client as well as the other party that is involved in the case.

Employment and workplace prospects

Employment lawyers have a range of employment options accessible to them. They can practice alone, work for a private law firm, work in public interest or government organizations, or work in legal departments of non-profit organizations or private corporations to offer their services to employees. A lot of big organizations hire and maintain in-house employment lawyers so there is a good opportunity in working as a full-time lawyer for a particular organization or company. 

Challenges and advantages

Employment lawyers should have the capability to easily adapt to the continually altering and evolving nature of the employment law. Legislation concerned with the workplace often depends on the government’s priorities and policies. Time and again, old laws are amended and new laws are passed and judges have distinct interpretations of the law and its multiple details. The cases outcomes are always unpredictable. Nevertheless, the vibrant nature of employment law makes sure that employment lawyers are constantly intellectually motivated and challenged.

The factor that makes the job of employment attorneys exciting and absorbing is the human interest of their practice. This is something that is not there in other forms of litigation. Cases concerned with employment are all about people and generally involve intriguing stories and scenarios. Cases like harassment and discrimination claims permit lawyers to see the complicated relationships among people in the workplace. 

Employment lawyers get the opportunity to work with a varied range of clients as organizations of all industries and trades employ people and need counsel. Working with distinct industries and businesses allows lawyers to be more experienced in handling situations that are industry-specific. The evolving scenario of their cases keeps the lawyers interested in their work even after a lot of years of practice. This implies that there is always a chance of growth. 

Employment law firms like Shegerian Conniff play a key role in making sure that employment laws do not get violated by the employee or the employer and nobody suffers from any harassment or discrimination. For more information, click here: https://bit.ly/30WUfKm