In this economy, employers seem more prone than ever to take advantage of their workers, especially when it comes to compensation and work hours. It is not uncommon for employers to require their employees to work their shifts without the legally required rest and meal periods.

In a decision reached earlier this month, the Second District Court of Appeals held that an employee's racial discrimination and sexual harassment claims (among others) have to be arbitrated as opposed to being tried before a judge and jury. In that case, a female employee of Mexican ancestry, Maribel Baltazar, working for Forever 21, claimed she was sexually harassed and subjected to discrimination because of her race and sex. At the time she filled out her job application, she was presented

According to a press release by the California Department of Fair Employment and Housing (DFEH), United Parcel Service (UPS) must pay more than $96,000 in damages after the company fired an employee because of her disability.  The Fair Employment and Housing Commission (Commission) determined that UPS had unlawfully terminated their worker, Eva Linda Mason, in spite of the fact she was able to perform the essential functions of her job.  Ms. Mason began her employment with UPS in 1997 and, although she occasionally located packages in a warehouse, handling packages was not part of her job.  After Ms. Mason had knee surgery and took a leave of absence to recover in 2007, she continued to carry out the essential customer service functions of her job.  Nonetheless, UPS considered Ms. Mason as disabled because she had some restrictions, such as limited standing, walking, bending, and kneeling.  Because the company had a 12- month cap on the length of time employees with disabilities could be reasonably accommodated from their regular duties. UPS fired Ms. Mason in August 2008.  The Commission found this arbitrary limit of 12 months was unlawful, and ordered UPS to pay just over $96,000.00 in damages, which included a $10,000.00 administrative fine to the State.

See the DFEH press release HERE.

Under California law, where an employer draws distinctions among their employees on the basis of physical or mental disability the law is not violated by that fact alone.  Rather, drawing these distinctions is prohibited only if the adverse employment action occurs because of a disability and the disability would not prevent the employee from performing the essential duties of the job, at least not with reasonable accommodation.  In order to establish that a defendant employer has discriminated on the basis of disability in violation of the FEHA, the plaintiff employee bears the burden of proving he or she was able to do the job, with or without reasonable accommodation.  Where an employee cannot perform the essential functions of their job even with reasonable accommodation, an employer may terminate the employee.  However, in the case above, UPS did not terminate their employee for not being able to perform her job, but fired her simply because their "one-year" limit on the accommodation had been reached.  This was unlawful.

Compensation for victims of wrongful termination should be an important concern for all Californians. When a business terminates their employee because of a disability, the fired employes should be compensated. An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you been a victim of a wrongful termination?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The Orange County Register has reported today that four people died and two others were injured when a pickup truck slammed into a tree at about 1:00 a.m. this morning.  The truck, a Chevrolet Colorado, was found wrapped around the tree with the roof smashed down to the doors and beer cans strewn about, said Capt. Paul Schifando of La Habra Fire Station 193.  Reportedly, the truck was speeding down Walnut Avenue in La Habra when the driver, David Huizar, Jr., 22, lost control, slid slide ways and then wrapped the truck around the three-story tree.  Four people were pronounced dead at the scene – the driver, Huizar; Jimmy Gonzales, 22, of Buena Park; Paul Romero, 25 of Fullerton; and Delora Bravo, 22 of La Habra.  Two women, Destiney Mendoza, 25, of La Habra, and Rochelle Romero, 21, of La Habra, were critically injured in the accident and were taken to UCI Medical Center, according to official sources.  Toxicology results are pending to determine if in fact alcohol was a cause of the accident.

See the Register story and photos HERE.

Given the presence of beer cans at the scene, the age of the driver and the speed of the truck before it struck the tree, it seems likely alcohol played at least some role in the happening of this horribly tragic accident.  Assuming that Huizar was intoxicated and/or speeding before he lost control of the vehicle, those injured and the family members of the deceased victims possess valid claims against Huizar's estate and the insurance policy (if any) on the Colorado.  Monetary compensation can certainly do very little for the injured and the families who must now deal with the aftermath of this accident.  However, accountability is very important in our system of civil justice and, likewise, monetary compensation is the best we have to offer innocent victims.  Unfortunately, we cannot turn back time and undo the harm that has been done and will remain forever.

Compensation for victims of serious injury or fatal automobile accidents, caused by reckless or intoxicated drivers of any age, should be an important concern for all Californians.  When a driver operates their vehicle in a careless or reckless manner and causes a serious accident, they should be held accountable.  An Orange County wrongful death attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including those involving fatal automobile accidents.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a serious or fatal motor vehicle accident caused by another’s negligence?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

   

In California, in the midst of the economic crisis, it appears employers are finding unique (and perhaps illegal) ways of getting rid of experienced, well-compensated employees and replacing them with less senior, less expensive workers.  Assuming this type of termination is done intentionally and by way of some pretext, the fired employees may have the right to pursue a claim for wrongful termination.

In general, employees are considered employed "at-will" by statute and may be terminated for just about any reason, unless the reason violates public policy.  A termination that violates public policy is actionable, and the employee may bring a civil lawsuit to recover their damages.  Where an employee is fired for a reason that has been conjured up by the employer as part of a scheme to rid the employer of well-paid workers, the employer may have violated the implied covenant of good faith and fair dealing, implied in every employment situation.  Beyond that, for long term employees (generally, this means employment for 7 years or more) who also meet other criteria, an employer may not terminate their employment except for "good cause."

In one instance, experienced, well-compensated employees were being fired by a national retailer in large numbers for violating the company's employee purchase policy.  The disparity in the treatment of the employees who were fired for such alleged violations seems to undermine the credibility of the retailer's claim that the terminations were routine for this type of policy violation.  For example, lesser compensated, line employees were spared while higher paid members of the management team were fired for the same alleged policy breach.  Assuming it is shown these firings were unjustified, the management employees who were terminated will be entitled to substantial compensation.

Compensation for victims of  wrongful termination should be an important concern for all Californians.  When a business terminates their employees under an unlawful pretext, the fired employees should be compensated.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 19 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you been a victim of a wrongful termination?

• This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.