CRD Employment

Joseph Dzida

Posted:
03/19/12
Joseph Dzida

Proving unlawful discrimination is often based on circumstantial evidence. It is not very often that we will find a sophisticated employer committing direct acts of discrimination (e.g. discriminatory remarks about a protected class of persons). There are many scenarios which can lead to a reasonable inference that discrimination is motivating the adverse employment action like a firing…

Categories: CRD Employment
Joseph Dzida

Posted:
10/17/11
Joseph Dzida

The California Fair Employment and Housing Act (FEHA) protects employees who have physical and/or mental disabilities from harassment or discrimination. California Government Code § 12940 states: It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification…(a) For an employer, because of the …physical disability [or] mental disability …of any person,…

Categories: CRD Employment
Joseph Dzida

Posted:
07/12/11
Joseph Dzida

The novel, The Hitchhiker’s Guide to the Galaxy, begins with its hero lying in front of a bulldozer trying to prevent his home from being taken and destroyed in eminent domain. Unfortunately, for most people impacted by eminent domain (including our hero), by the time the bulldozers get there, it is too late. If you…

Categories: CRD Employment
Joseph Dzida

Posted:
07/08/11
Joseph Dzida

Termination of employees who need medical leave for a physical or mental disability could be a violation of the Fair Housing and Employment Act. Employers have an affirmative duty to reasonably accommodate disabled employees. Leave time for a finite period is considered a reasonable accommodation under the California Government Code (Fair Employment and Housing Act)….

Categories: CRD Employment
Joseph Dzida

Posted:
07/08/11
Joseph Dzida

In California, both the Family and Medical Leave Act and the California Family Rights Act protect your right to take a leave of absence. Unfortunately, not everyone is protected under these acts. To claim the right to take a needed leave of absence, you must first: Work for your employer for at least one year,…

Categories: CRD Employment
Joseph Dzida

Posted:
06/21/11
Joseph Dzida

In Patrick Kelley v. The Conco Companies, the Court of Appeal recently upheld an employee’s claim for retaliation against his former employer even though it found that he was mistaken for thinking that the company broke the law. Patrick Kelley was a union employee and in July of 2006 he was hired by Conco Companies…

Categories: CRD Employment
Joseph Dzida

Posted:
06/15/11
Joseph Dzida

Lawsuits are tricky business, and hard evidence is fundamental to your success. If you’re considering litigation, it’s important to begin gathering concrete evidence as early as possible. It may be true that hearsay and circumstantial evidence work well when you’re griping about your boss with your best friend, but your lawsuit will be for all…

Categories: CRD Employment
Joseph Dzida

Posted:
06/08/11
Joseph Dzida

Although in California employment relationships are presumed to be “at will” there are exceptions.  For example there could be an actual or implied employment contract that prevents an employer from terminating an employee except for good cause. Such an agreement may be shown by the acts and conduct of the parties, interpreted in the light…

Categories: CRD Employment
Joseph Dzida

Posted:
06/01/11
Joseph Dzida

Unfortunately, after all of our efforts, racial discrimination is still alive and well in the workplace. In May, a Muslim waiter at a popular hotel chain was repeatedly asked to change his Arabic name so as to not “frighten the guests.” In February, a black electrician came to work one day to find a noose…

Categories: CRD Employment
Joseph Dzida

Posted:
05/01/11
Joseph Dzida

Are you experiencing difficulties in your work environment? Are you considering filing a lawsuit? If so, proper representation is key to your success. However, employment law is quite complex in nature and so when it comes time to choose a firm to represent you, you’ll want to do some extensive research in order to ensure…

Categories: CRD Employment
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