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How to Maximize Your Personal Injury Settlement in California

Fri, 15 Aug 2025 20:39:03 GMT

Experiencing a personal injury such as a car accident, slip and fall, or even medical malpractice can turn your world upside down. Medical bills are mounting, work is impossible, and stress is causing emotional challenges whenever you think about what happened. If you reside in California, a personal injury settlement can alleviate some of the financial hardship associated with your recovery; however, many insurance companies are challenging to deal with and will do everything they can to minimize your payout. At The Gould Firm in San Diego, we have seen it all and will help you obtain the money you deserve. Attorney Evan A. Gould’s decades of experience, including his time defending insurance companies, give him a unique edge in countering their tactics. Here’s your guide to maximizing your personal injury settlement in California, with tips on evidence collection, dealing with insurers, and avoiding common pitfalls.

Factors That Influence Your Personal Injury Settlement

Many key factors form the basis of your settlement in California. Knowing these factors can help you create a better case:

Severity of Injuries: More serious injuries, like broken bones, traumatic brain injuries, or spinal damage, typically lead to higher settlements due to increased medical costs and long-term impacts.
Medical Expenses: Documented costs for hospital stays, surgeries, rehab, and future care are a major component of your claim.
Lost Wages and Earning Capacity: If your injury keeps you from working or reduces your future earning potential, you can claim these losses.
Pain and Suffering: California allows compensation for physical pain, emotional distress, and reduced quality of life, though these are harder to quantify.
Liability: Clear evidence that the other party was at fault strengthens your case. California’s pure comparative negligence rule means you can recover damages even if you’re partially at fault, but your percentage of blame reduces your payout.
Insurance Policy Limits: If your settlement does not exceed the amount received from the at-fault party's insurance coverage, you only have the chance to pursue an agreeable defendant who has personal assets.

By focusing on these factors, you can push for a settlement that fully reflects your losses.

Step 1: Collect Strong Evidence

The backbone of any personal injury claim is solid evidence. Without it, insurance companies will lowball you or deny your claim outright. Here’s how to gather what you need:

Seek Medical Attention Immediately: Visit a doctor or ER right away, even if injuries seem minor. Medical records link your injuries to the accident and document your treatment costs. Follow your doctor’s plan to avoid claims that you didn’t take your recovery seriously.
Document the Scene: Take pictures or videos of the accident scene, your injuries, and any property damage (for example, a totaled car or broken bike). Write down anything obvious about road conditions, weather, or traffic signals.
Get Witness Statements: Collect names and contact info from anyone who saw the accident. Their testimony can back up your version of events.
Obtain Official Reports: For car accidents or other incidents, get a police report or incident report from the property owner (e.g., for a slip and fall). These are critical for establishing liability.
Keep a Paper Trail: Save all medical bills, receipts for out-of-pocket expenses (like medications or crutches), and proof of missed work (like pay stubs or employer letters).

The Gould Firm will help you gather this evidence and use experts, like accident reconstruction experts or medical professionals, to support the strength of your case.

Step 2: Deal Smartly with Insurance Companies

Insurance companies are not your friend; they are businesses that want you to receive as little payment as possible. Here is how to address them:

Don’t Give a Recorded Statement: Adjusters may ask for a recorded statement to lock you into a version of events that minimizes their liability. Politely decline until you’ve spoken with an attorney.
Avoid Early Settlement Offers: Insurers often offer quick, low settlements to close cases cheaply. These rarely cover your full losses, especially if long-term medical needs emerge later.
Don’t Admit Fault: Even casual comments like “I should’ve been more careful” can be used against you. Let your lawyer handle communications.
Know Your Claim’s Value: An experienced attorney can calculate your damages, including future costs and non-economic losses like pain and suffering, to ensure you don’t settle for less.

As a former lawyer representing insurance companies, attorney Evan A. Gould has extensive knowledge of the tactics insurance companies employ and how they often undervalue claims by disputing the severity of the injury or blaming the injured party. He also knows how to attack these tactics with extensive and competent evidence, and he has strong negotiating skills.

Step 3: Avoid Common Pitfalls

Many injury victims unintentionally sabotage their claims. Steer clear of these mistakes:

Delaying Medical Care: Waiting to see a doctor can make insurers argue your injuries weren’t serious or weren’t caused by the accident.
Posting on Social Media: Photos of you looking “fine” (like at a party) can be twisted to suggest you’re not really hurt. Keep your case off social media.
Missing Deadlines: California’s statute of limitations for personal injury claims is two years from the date of the injury (or six months for claims against government entities, such as a city bus crash). Missing these deadlines can bar your claim.
Signing Without Legal Advice: Accepting a settlement or signing a release waives your right to further compensation, even if new injuries appear later.
Underestimating Future Costs: Some injuries, like chronic pain or PTSD, have long-term costs that early settlements may not cover.

Why Trust The Gould Firm?

Maximizing your settlement requires a strategic approach, compelling evidence, and tenacity. The Gould Firm brings to every case. Attorney Evan A. Gould, with over 30 years of experience and a perfect 10.0 Avvo rating, has a track record of outsmarting insurance companies. His time defending insurers gives him a unique edge: he knows their tactics and how to beat them. Whether it’s negotiating a six-figure settlement for a slip-and-fall victim or taking a medical malpractice case to trial, Evan is personally involved from start to finish.

We offer:

Contingency Fees: You pay nothing unless we win, making top-tier representation accessible.
Comprehensive Case Building: We gather evidence, consult experts, and calculate your full damages to demand what you’re owed.
Trial-Ready Advocacy: If insurers won’t settle fairly, we’re prepared to fight in court.

Take Control of Your Claim Today

An injury can be overwhelming, but you deserve fair compensation. Don’t be taken advantage of by the insurance companies! The Gould Firm is here to help you fight for every dollar you are entitled to as a collective. Call us at (619) 291-9858, or complete our online contact form to get started with a free consultation today. An experienced San Diego personal injury attorney at the Gould Firm can guide you through the claims process to get the compensation you need to move forward from your injury.

How to Spot and Address Unfair Severance Packages in California

Tue, 15 Jul 2025 20:08:48 GMT

Losing your job is hard enough without the added hassle of dealing with a severance agreement. In California, where workplace laws are among the strongest in the country, employees typically get a severance package when their employment ends, especially when it involves a layoff or negotiated exit. However, not all severance agreements are equal. Some packages may appear attractive at first, but they often conceal terms that limit your rights or fail to provide compensation. The Gould Firm in San Diego has represented numerous employees in the process of evaluating and negotiating severance packages to help them secure what they deserve. Below is your guide to identifying unreasonable severance agreements, spotting the red flags, and putting together a plan to negotiate better terms.

Understanding Severance Agreements in California

A severance agreement is a legal agreement made between you and your employer that summarizes the agreement concerning your departure, usually benefitting you with a payment or benefits for fulfilling certain conditions, for example, for going along with the new employer's request not to sue them (an egregious request in and of itself). In California, "at-will" means that the employer is not required to provide severance unless specified in an employment contract or company policy. However, many employers offer severance to ease transitions, avoid disputes, or reward long-term employees.

The catch? Most of the time, employers draft the agreements to protect their interests, not yours. This is why it is essential for you to fully understand the severance offer you receive before signing it. Mistakes made with severance agreements can cost you money or benefits, or you can lose legal protections you are entitled to under California law.

Red Flags in Severance Agreements

Before you sign on the dotted line, watch out for these common warning signs that your severance package might not be in your best interest:

Lowball Compensation: If the severance pay seems too low, say, one week’s pay for years of service, it may not reflect your contributions or industry standards. For example, executives or long-term employees often receive one to two weeks’ pay per year of service, though this varies by company.
Overly Broad Non-Compete Clauses: California law generally prohibits non-compete agreements (per Business and Professions Code Section 16600), but some employers try to sneak in restrictive terms that limit your ability to work in your field. These clauses are often unenforceable, but you’ll need legal help to challenge them.
Waiver of Legal Claims: Many agreements include a release of claims, meaning you give up your right to sue for issues like wrongful termination, discrimination, or unpaid wages. If you suspect your employer violated California labor laws, signing away these rights could be a costly mistake.
Unclear or Missing Benefits: Verify whether the agreement addresses health insurance (such as COBRA continuation), unused vacation pay, or stock options. California law requires payout of accrued vacation time, so ensure it’s included.
Short Deadlines: Some employers pressure you to sign quickly, giving you just a few days to decide. Under California law, employees over 40 in group terminations are entitled to 45 days to review severance agreements under the Older Workers Benefit Protection Act (OWBPA). Even without this, rushed timelines are a red flag.
Non-Disparagement or Confidentiality Clauses: These clauses may prevent you from speaking about your experience or the company’s practices. While common, overly restrictive terms could limit your ability to seek future employment or discuss workplace issues.
No Neutral Reference: Some agreements fail to guarantee a neutral or positive job reference, which can hurt your job search. Insist on a clause ensuring the employer will confirm only your dates of employment and job title.

Steps to Evaluate and Negotiate a Better Severance Package

If you spot these red flags or want a better deal, here’s how to approach your severance agreement like a pro:

Don’t Sign Immediately: Take time to review the agreement, even if your employer pressures you. California law often allows at least 21 days for employees over 40 to consider severance offers in individual terminations, and you should use this time to consult an attorney.
Hire an Experienced Attorney: A lawyer can identify unfair terms, assess your legal claims (such as discrimination or wage violations), and negotiate for more favorable compensation or working conditions. The Gould Firm’s attorney, Evan A. Gould, has decades of experience negotiating severance agreements for employees, from entry-level workers to C-suite executives.
Document Your Value: Gather evidence of your contributions, years of service, performance reviews, or unique skills to justify a higher payout. This can strengthen your negotiation position.
Identify Potential Claims: If you believe you were wrongfully terminated, discriminated against, or denied wages, these issues can be leveraged for a better deal. For example, California’s Fair Employment and Housing Act (FEHA) protects against discrimination, and a lawyer can assess whether you have a claim worth pursuing.
Propose Counteroffers: Don’t be afraid to ask for more severance pay, extended health benefits, or removal of restrictive clauses. Employers often expect negotiations and may have room to budge.
Get Everything in Writing: Any changes to the agreement should always be documented clearly to avoid potential disputes in the future. The position you take at the very end should reflect all the terms you have negotiated.

Why Choose The Gould Firm for Severance Negotiations?

Navigating a severance agreement can feel like walking through a legal minefield, but you don’t have to do it alone. At The Gould Firm, we bring unmatched expertise to the table. Attorney Evan A. Gould, with over 30 years of experience representing both employees and employers, knows how companies structure severance offers to minimize payouts and how to push back. His perfect 10.0 Avvo rating reflects his skill in securing favorable outcomes, whether through negotiation or litigation.

Here’s how we help:

Personalized Attention: Evan personally handles every case, ensuring you get tailored advice and zealous advocacy.
Strategic Negotiation: We’ve successfully negotiated severance packages that include higher payouts, extended benefits, and fair terms for clients across industries, from minimum-wage workers to CEOs.
Flexible Fees: We offer reasonable hourly rates, contingency options, or hybrid agreements to fit your budget, unlike larger firms with high overhead costs.
Litigation Backup: If negotiations stall or your employer violates your rights, we’re prepared to take your case to court to pursue claims such as wrongful termination or discrimination.

Act Now to Protect Your Future

An unfair employment severance can leave you with less than you deserve and can restrict your career options. This shouldn’t be the end of your working relationship with that company, and we, at The Gould Firm, can help you fight for a better severance deal. First and foremost, do not sign anything until you have a chance to sit down with a lawyer you trust to review it. If you’re in San Diego, The Gould Firm can help your clients with their severance packages. Call us today at (619) 291-9858 or submit our online form to schedule a free consultation with one of our attorneys. Together, we can help you turn your unfair severance package agreement into a fair one.

Mediation vs. Litigation: Which Is Right for Your Employment Dispute?

Mon, 16 Jun 2025 18:32:27 GMT

If you find yourself in an employment dispute about wrongful termination, discrimination, or issues with wages, it can seem like you're at a crossroads. Should you take your case to court, or is there a less confrontational way to resolve it? At The Gould Firm in San Diego, we help clients make this decision by comparing two avenues: mediation and litigation. Each process has pros and cons, and knowing the distinctions will help you chart the best course for your situation. With Attorney Evan A. Gould’s expertise as both a trained mediator and a seasoned trial lawyer, we’re here to help you navigate either path to secure the best possible outcome. Let’s break down the key factors: cost, time, and outcomes.

What Is Mediation?

Mediation is a voluntary and confidential process in which a neutral third party (the mediator) assists you and your employer in reaching an agreement that you can both accept. Think of mediation as a structured conversation, rather than as a court of law. The mediator does not determine who is right or wrong; the mediator finds ways to allow people to discuss issues with each other, strive to clarify the issues, and find common ground from which they can negotiate.

Why Choose Mediation?

Cost: Mediation is typically far less expensive than litigation. Sessions can cost a few hundred to a few thousand dollars, split between the parties, compared to litigation’s hefty legal fees, which can run into tens of thousands. The Gould Firm strives to keep costs low with flexible fee arrangements, such as hourly or flat rates, tailored to your specific needs.
Time: Mediation is often quick and can be resolved in a day or a few sessions over a few weeks. Litigation, on the other hand, can drag on for months or even years. If you’re looking to move quickly, mediation is usually the faster choice.
Outcomes : Mediation gives you control. You and your employer craft the agreement, so it’s often more flexible, covering things like reinstatement, severance packages, or even non-monetary terms, such as a positive reference. There’s no guarantee of a win, but there’s also no risk of a judge ruling against you. Plus, it’s confidential, keeping your dispute out of the public eye.

Why It Might Not Be Right

Mediation requires both sides to negotiate in good faith. If your employer is uncooperative or the issue involves serious misconduct (like systemic discrimination), mediation might not deliver the accountability or compensation you need. It also relies on compromise, which may not feel like justice if you’re seeking a clear win.

What Is Litigation?

Litigation refers to the process of resolving a dispute through the court system, where a judge or jury determines the outcome based on the evidence and legal arguments presented. It’s formal, adversarial, and public, with each side presenting its case through attorneys.

Why Choose Litigation?

Cost: Litigation is a more costly option when considering court fees, discovery (such as depositions and document requests), and, of course, attorney time. Generally speaking, The Gould Firm represents employees on a contingency fee basis - you pay nothing upfront and only are responsible for fees if we win. Even though employers may incur increased costs defending claims, there is a downward check on expenses, particularly with our firm's reasonable rates.
Time: Court cases can take a significant amount of time, often 1-2 years in California, and sometimes longer if appeals are involved. If you need a resolution now, this can be a drawback.
Outcomes: Litigation can result in larger payouts, particularly in cases involving egregious violations, such as wrongful termination or harassment. You may be entitled to damages for lost wages, emotional distress, or even punitive damages to punish the employer. However, outcomes are less predictable; a judge or jury could rule against you, and court records are public, which may concern privacy-conscious clients.

Why It Might Not Be Right

Litigation is a stressful, time-consuming, and costly process. It’s also a gamble: even a strong case can falter if evidence isn’t airtight or the judge interprets the law differently. For more minor disputes, the cost and effort might outweigh the potential reward.

How The Gould Firm Helps You Choose

When it comes to mediation or litigation, Attorney Evan A. Gould has a unique perspective to offer through The Gould Firm. With over 30 years of experience, he has proven himself as a trial lawyer, and he is also a trained mediator and arbitrator with litigation experience. This dual expertise enables him to guide you through either process with skill and strategy.

As a Mediator: Evan’s training allows him to act as a neutral facilitator or advise clients in mediation, helping craft creative solutions that save time and money. His deep knowledge of employment law ensures you don’t settle for less than you deserve.

As a Trial Lawyer, Evan’s courtroom track record shines in litigation. He has represented employees and employers and understands how to put together a case, defeat an opposing case, and fight for you to receive the most compensation. He has a perfect 10.0 Avvo rating, which speaks to his success and client trust.

Key Factors to Consider

So, how do you decide? Here are some questions to ask yourself:

Budget: Can you afford the upfront costs of litigation, or is mediation’s lower cost more feasible? The Gould Firm offers flexible fee arrangements, including contingency fees for employees and hybrid arrangements, which can help meet your budget limitations.
Timeline: Do you need a quick resolution, or are you prepared for a longer fight? Mediation wraps up faster, while litigation offers a shot at bigger rewards.
Goals: Are you after a specific outcome, like reinstatement, or do you want to hold your employer accountable publicly? Mediation offers flexibility; litigation provides the potential for precedent-setting wins.
Evidence: Is your case strong with clear proof (like emails or witness testimony)? Litigation thrives on evidence, whereas mediation can still be effective even with weaker documentation.
Stress Tolerance: Can you tolerate the public stress of a trial, or would you rather have a private process?

California-Specific Insights

California's employment laws and programs (ex., Fair Employment and Housing Act (FEHA)) protect people in the workplace and provide individuals with remedies that result in mediation and litigation as potential resolution paths for workplace issues. However, with the state's backlog of court cases (over 1.5 million pending civil cases as of 2024, according to the California Courts), litigation can be slow. Mediation avoids this bottleneck. Additionally, California’s comparative fault rules mean even if you’re partly responsible (e.g., for a workplace misunderstanding), you can still recover damages in litigation, adjusted for your share of fault.

Take the Next Step with The Gould Firm

Choosing between mediation and litigation depends on your unique situation, but you don’t have to decide alone. At The Gould Firm, we’re committed to helping San Diego workers and employers resolve disputes efficiently and effectively. Whether you need Evan Gould’s mediation expertise to negotiate a fair deal or his trial skills to fight in court, we’re here to secure the best result for you.

Ready to explore your options? Call us at (619) 291-9858 or use our online contact form to schedule a free consultation today. Let The Gould Firm guide you through your employment dispute with confidence and care.

Recognizing Workplace Accommodations for Mental Health Conditions

Thu, 15 May 2025 23:52:02 GMT

Mental health conditions, which include anxiety, depression, or post-traumatic stress disorder, may play a significant role in your inability to perform to the best of your abilities in the workplace. Fortunately, laws such as the Americans with Disabilities Act and California's Fair Employment and Housing Act protect employees who require accommodations to manage these conditions. At The Gould Firm, we recognize these issues and the challenges of understanding the protections afforded by law. We can help employees navigate the process. This post explains how to request reasonable accommodations, outlines employer obligations, highlights common challenges, and offers practical tips to protect your rights.

Understanding Your Rights Under the ADA and FEHA

The ADA applies to employers with 15 or more employees, while FEHA covers California employers with five or more employees. Both laws require employers to provide reasonable accommodation to employees with disabilities, including mental health disabilities, unless it would result in undue hardship. Mental health disabilities can be disabilities if they limit a substantial life activity, or major life activities, such as working, concentrating, or interacting with others.

Reasonable accommodations for an employee with a mental health condition could include:

Flexible work hours or the ability to work remotely.
Additional breaks to manage stress or attend therapy.
A quiet space where the employee can work without anxiety triggers.
Modifications to job duties because of concentration difficulties.
Time off for medical appointments or treatment.

The Interactive Process: A Collaborative Effort

Under ADA and FEHA statutes, both the employer and the employee are required to participate in an interactive process (or good faith discussion) to determine what reasonable accommodation will be provided. Here is the process:

Request an Accommodation: Clearly communicate your need for an accommodation to your employer, preferably in writing, specifying that it’s related to a mental health condition.
Provide Medical Documentation: Employers may request documentation from a healthcare provider to verify the disability and recommended accommodations. This should outline how the condition affects your job performance and suggest potential solutions to address it.
Collaborate on Solutions: Your employer must work with you to explore accommodations that allow you to perform essential job functions without causing undue hardship.
Follow-up: After accommodations have been put in place, it is essential to assess their effectiveness and advise on any necessary changes.

Employer Obligations

Employers have several key responsibilities:

Provide Reasonable Accommodations: Unless the accommodation poses significant difficulty or expense, employers must implement solutions that enable you to perform your job.
Engage in the Interactive Process: Employers must actively participate in discussions and cannot ignore or dismiss your request without a valid reason.
Maintain Confidentiality: Information about your mental health condition must be kept confidential and shared only with those who need to know (e.g., HR or supervisors implementing accommodations).
Prevent Discrimination and Retaliation: Employers cannot fire, demote, or otherwise penalize you for requesting accommodations or asserting your rights.

Common Challenges and How to Address Them

Just as navigating accommodations for a physical disability can be a complicated process, so too can negotiating accommodations for a mental health condition. Some common issues employees may face, and how to address them, are:

Stigma Around Mental Health: Some employees may be unwilling to disclose they have a mental health condition because of fear of being judged. To protect yourself, you can discuss your functional implications openly, rather than assigning a label, and do so in a business-like manner.
Employer Resistance: Some employers may claim that accommodations are too costly or disruptive to their operations. If they refuse without engaging in the interactive process, this could constitute a violation of the ADA or FEHA. Document all communications and consult an attorney.
Lack of Clarity on Needs: Employees may struggle to articulate specific accommodations. Work with your healthcare provider to identify practical solutions before making a request.
Retaliation: If you face negative actions (e.g., demotion, exclusion) after requesting accommodations, this could be unlawful retaliation. Keep detailed records of any adverse treatment.

Tips for Employees to Protect Their Rights

To protect your rights when you ask for accommodations, you should:

Document Everything: Keep track of your accommodation request, communication with your employer, medical documentation, and any relevant incidents and circumstances. This can be helpful in the event of a dispute.
Make Requests in Writing: Submit your accommodation request in writing via email or letter to establish a formal record. Include details about how your condition affects your work and suggested accommodations.
Know Your Rights: Review the ADA and FEHA to understand when you are entitled to a reasonable accommodation and when you are required to provide an undue hardship. The EEOC will assist you with this process and provide valuable resources.
Seek Legal Guidance: Consult with the Gould Firm's employment law attorneys if your employer denies the request, refuses to enter into the interactive process, or retaliates. For them to assist you, they will need to evaluate the situation and let you know if you should file a complaint with the EEOC or with California's Department of Fair Employment and Housing (DFEH).
File Complaints Promptly: The EEOC requires complaints to be filed within 180 days of a violation, while the DFEH allows one year. Acting quickly preserves your legal options.

How The Gould Firm Can Help

Mental health conditions should not prevent you from thriving in your workplace, and the law is on your side. At The Gould Firm, our experienced employment law attorneys are dedicated to helping employees obtain the necessary accommodations and support. We can:

Review your situation and advise on your rights under the ADA and FEHA.
Assist in drafting accommodation requests and gathering necessary documentation.
Negotiate with employers to ensure compliance with the interactive process.
Represent you in disputes, including filing complaints with the EEOC or DFEH, or pursuing legal action if needed.

If you’re experiencing difficulty receiving workplace accommodations for your mental health condition, or if you think you are being discriminated against and/or retaliated against, the best action is to get help right away. Contact The Gould Firm today to schedule a consultation. We will fight for your rights and help you navigate the process of getting the protections you deserve in the workplace.

5 Common Mistakes Startups Make with Employment Law (and How to Avoid Them)

Wed, 16 Apr 2025 19:46:36 GMT

Starting a business is exciting, as well as building your team, creating your culture, and getting things off the ground. But in the rush to grow, many startups overlook a major piece of the puzzle: employment law.

It’s not the flashiest part of running a business, but trust us, it’s one of the most important. Missteps here can cost you in lawsuits, penalties, and reputation. The good news? Most of these mistakes are avoidable if you know what to look out for.

Here are five common employment law mistakes we see startups make—and how you can steer clear of them:

1. Misclassifying Workers as Independent Contractors

This one’s huge in California. Just because you give someone a 1099 doesn’t make them a contractor. If they’re working under your direction, doing the core work of your business, and don’t have their own independent operation, the law may see them as an employee—and misclassification can lead to major fines and back pay.

Tip: Use California’s ABC Test as your guide, and when in doubt, talk to an employment attorney before bringing someone on.

2. Skipping Offer Letters or Employment Agreements

Verbal agreements might feel easier in a fast-moving startup environment, but they can lead to confusion (and legal trouble) down the road. A clear offer letter or employment agreement sets expectations from day one and protects you and your new hire.

Tip: At a minimum, outline pay, job duties, at-will status, and any policies you expect employees to follow.

3. Neglecting Wage and Hour Compliance

Meal breaks, rest breaks, overtime—California is strict regarding employee rights. And no, startup culture doesn’t get a pass. Not tracking hours properly or expecting employees to work through lunch can land you in hot water fast.

Tip: If hiring hourly workers, ensure you understand (and follow) state labor laws on breaks and overtime. Use timekeeping tools to stay compliant.

4. No Employee Handbook or Policies

A basic employee handbook is key, even if you have only a few team members. It sets the tone for your company culture and outlines expectations regarding workplace behavior, time off, harassment policies, and more.

Tip: Start with a simple handbook and update it as you grow. It shows professionalism—and offers legal protection.

5. Not Getting Legal Advice Early Enough

We get it—lawyers can feel like a “big company” expense. However, a quick consultation early on can prevent costly mistakes later. Whether it’s onboarding your first hire, setting up contracts, or handling a termination, having legal guidance can save you severe stress.

Tip: Think of it as an investment in your business’s foundation. Preventing one lawsuit easily outweighs the cost of a few hours of legal advice.

Startups move fast, and pushing “HR stuff” to the back burner is easy. But handling employment issues right from the start isn’t just smart—it’s good business. It protects your people, your reputation, and your bottom line.

Need help making sure your startup is on solid legal ground? The Gould Firm has your back. Whether hiring your first employee or scaling your team, we’ll help you stay compliant and focused on what you do best, growing your business.

When Is an Independent Contractor Actually an Employee? Avoiding Misclassification in California

Wed, 19 Mar 2025 19:40:11 GMT

Let’s face it—when you’re running a business in California, the line between an independent contractor and an employee can get pretty blurry. But here’s the thing: misclassifying someone isn’t just a paperwork issue—it can cost your business big time. You do not want to deal with penalties, lawsuits, and owed wages.

So, how can you tell if someone you’ve classified as an independent contractor should be treated as an employee? Let’s break it down in simple terms.

The ABCs of Worker Classification

California uses what’s known as the ABC Test to determine whether a worker is truly an independent contractor. Under this test, all three of these conditions must be met:

A. The worker is free from control: They decide how, when, and where to do the job. You’re not micromanaging their every move.

B. The work is outside your usual business: If you run a bakery and hire someone to fix your plumbing, great—they’re likely a contractor. But if you hire someone to decorate cakes with you every day? That’s your core business—they’re probably an employee.

C. The worker has an independent business: They’ve got their own thing going on, maybe even other clients. They aren’t relying solely on you for work.

If any one of these isn’t true, then guess what? You’ve got an employee on your hands.

The Exceptions

Not every job falls neatly into the ABC Test. Some professions—like doctors, lawyers, accountants, and real estate agents—are exempt and judged under an older rule called the Borello Test. This test considers many factors, like how much control you have over the worker, how skilled the job is, and how long they’ve been doing it for you.

But just because someone is “exempt” doesn’t automatically make them a contractor. You still have to look at the big picture.

Why It Matters

If you misclassify an employee as a contractor, you could be on the hook for:

Back wages (including overtime)
Unpaid payroll taxes
Missed meals and rest breaks
Workers’ comp penalties
Legal fees
Fines from the IRS and California Labor Commissioner

Even if it’s an honest mistake, the law tends to side with the worker—so it’s not a gamble you want to take.

What This Looks Like in Action

Let’s say you run a marketing agency. You bring on someone to handle social media for a few months. They work from your office, use your equipment, and you set their hours. Even if you call them a contractor and give them a 1099, the state will likely say: Nope, they’re an employee.

On the flip side, if you hire a freelance designer to create a one-time logo from their studio, on their schedule, using their tools—now that’s a legitimate contractor.

How to Stay on the Right Side of the Law

Here are some tips to protect yourself and your business:

Audit your workforce – Look at who you’ve classified as a contractor and see if they pass the ABC Test.
Don’t rely on titles – Just because your agreement says “independent contractor” doesn’t make it so.
Avoid control – Contractors should manage their time, tools, and methods.
Keep good records – Contracts, invoices, business licenses—everything helps.
When in doubt, get legal advice – It’s worth the peace of mind.

California has made it clear: if you use contractors to do your business’s core work and treat them like employees, you must reclassify them. It might take a little more effort upfront, but trust me—it’s cheaper than a lawsuit.

Need help navigating the rules? Reach out to The Gould Firm—our experienced employment law team can help you stay compliant and avoid costly mistakes.

Understanding California’s “At-Will” Employment Law: What It Means for Employees and Employers

Thu, 20 Feb 2025 01:20:17 GMT

In the State of California, according to the “at-will” employment law, employers and employees have the right to terminate their employment with or without cause or notice. Although this law is flexible, it also considers critical legal considerations that impact both parties. We at the Gould firm think it's essential that everyone understands their legal rights and the laws that affect them.

What Does “At-Will” Employment Mean?

In simple terms, “at-will” employment means that the employer and the employee are free to fire or quit at any time without providing a cause. Although at-will employment allows for flexibility for employers and employees, it does not preclude discriminatory or unfair terminations. Employees can’t be fired by their employers for violating anti-discrimination laws, breaking an employment contract, or retaliating against them for participating in protected activities like reporting problems at work or coming out with a whistle-blower complaint.

Exceptions to At-Will Employment

However, there are a few exceptions to the general at-will employment rule:

Implied Contracts: Courts may recognize an implied contract restricting at-will termination if an employer provides written or verbal guarantees of ongoing employment.

Public Policy Violations: If an employee refuses to participate in unlawful activity, for example, their employer is not allowed to fire them for violating public policy.

Fair Dealing and Good Faith: Employers are prohibited from acting dishonestly, such as making up reasons for firing employees to avoid paying benefits.

Discrimination and Retaliation Protections: Employers cannot terminate employees based on protected characteristics such as race, gender, age, disability, religion, or sexual orientation. Similarly, employees are protected from retaliation for reporting discrimination, harassment, or unsafe working conditions.

Employees Limitations:

Employees may be bound by non-compete clauses, confidentiality agreements, or contracts that limit their ability to work for competitors.

Some industries (like healthcare and finance) may have additional regulations on terminations.

How to Protect Yourself in an At-Will Job

For Employees:

Document any emails, performance evaluations, or communication implying job stability.
Read employee handbooks and corporate rules; some may inadvertently generate contractual responsibilities.
Request a written explanation if you are fired; some businesses offer one.
Keep a record of what happened, and get legal counsel if you believe someone was fired unfairly.

For Employers:

Employers should include explicit at-will disclaimers in contracts, handbooks, and offer letters.
Unless specifically stated, avoid implying employment stability in written or spoken communications.
To prevent wrongful termination lawsuits, document performance concerns and termination reasons.

While at-will employment allows flexibility, employees and employers must understand their rights and responsibilities. Consulting with an employment attorney can help determine the best action if you have been wrongfully terminated. Navigating at-will employment laws can be complex, especially when wrongful termination or employment disputes arise. The Gould Firm is here to help you determine if you have a valid claim and what steps to take next. Our team has experience in employment law, and we can provide the support you need through these difficult times.

Navigating ADA Compliance: Employer Responsibilities and Employee Rights

Wed, 01 Jan 2025 16:33:54 GMT

Disability discrimination in the workplace continues to be an issue despite the protections provided under the Americans with Disabilities Act (ADA) and similar state laws like California's Fair Employment and Housing Act (FEHA) . These laws were designed to ensure that employees with disabilities are treated fairly and have equal opportunities to succeed in their careers. Employers are legally obligated to accommodate employees with disabilities, but unfortunately, non-compliance or violations can still occur. If you are an employee who feels your rights are being violated, it’s important to understand both your employer’s responsibilities and your rights, and what you can do if you believe those obligations are not being met.

Employer Responsibilities Under the ADA

Under the Americans with Disabilities Act (ADA) , employers with 15 or more employees are required to provide reasonable accommodations for employees with disabilities. These accommodations can include changes to the work environment, the job duties, or the way tasks are performed, all aimed at allowing the employee to perform essential job functions.

Key employer responsibilities include:

Providing Reasonable Accommodations : Employers are required to make reasonable accommodations for employees with disabilities unless doing so would cause significant difficulty or expense. This can involve adjusting work schedules, modifying equipment, altering the work environment, or providing additional leave for medical treatments.

Engaging in the Interactive Process : One of the critical requirements under both the ADA and FEHA is the "interactive process." Employers must work directly with employees to identify the limitations caused by their disability and discuss potential accommodations. This is a collaborative and ongoing process, where both parties should explore viable solutions in good faith.

Non-Discrimination : Employers must ensure that employees with disabilities are not discriminated against in hiring, firing, pay, job assignment, or promotion. They cannot treat employees with disabilities less favorably because of their condition, and they cannot punish employees for asserting their rights under the ADA.

Confidentiality : Employers must maintain confidentiality regarding an employee's medical condition or disability. Information about a disability should only be shared on a need-to-know basis.

What to Do If You Believe Your Employer Isn’t Compliant

If you suspect that your employer is not complying with the ADA, you may be facing disability discrimination or a failure to accommodate. Unfortunately, these violations can lead to career setbacks, unnecessary stress, and even harm to your health. Here's what you should do if you believe your employer is not meeting their obligations:

Document Everything

Keep Records : Begin by documenting all interactions related to your disability and accommodation requests. This includes emails, notes from meetings with HR, or any written communications that outline your accommodation needs. If your employer refuses to make accommodations or treats you unfairly, having this documentation will be invaluable for proving your case.
Track Your Disability-Related Needs : Keep track of any specific needs you have related to your disability, including how those needs may affect your ability to perform your job. Also, make note of any medical treatments, such as doctor visits or therapy sessions, that are necessary for managing your condition.

Communicate with Your Employer

Request Accommodation in Writing: If you haven’t already, formally request reasonable accommodations. This request should be made in writing to your supervisor or HR department, and it should outline the accommodations you need to perform your job effectively.
Engage in the Interactive Process : If your employer does not respond or refuses to engage in a discussion about accommodations, request a meeting to initiate the interactive process. This process is meant to be collaborative and allows both parties to discuss potential solutions.

Know Your Rights

Understand the ADA and FEHA : Familiarize yourself with the rights you have under both the ADA and California's FEHA. These laws are designed to protect employees with disabilities and require employers to accommodate these employees unless doing so would cause undue hardship. Know what constitutes a reasonable accommodation, and be prepared to articulate why an accommodation is necessary for your success at work.
Identify Discriminatory Actions : Some signs of disability discrimination may include being passed over for promotions, termination due to your disability, harassment or bullying because of your condition, or being forced to work beyond medical restrictions. If you experience any of these issues, they may be actionable under the law.

File a Complaint with the EEOC or DFEH

Federal and State Agencies : If your employer refuses to accommodate you or discriminates against you because of your disability, you can file a formal complaint. At the federal level, this is done through the Equal Employment Opportunity Commission (EEOC) , and in California, you may file with the Department of Fair Employment and Housing (DFEH) . Both agencies investigate claims of discrimination and failure to accommodate.
File Promptly : Be mindful that there are deadlines for filing discrimination claims. The EEOC requires complaints to be filed within 180 days from the discriminatory act, while California’s DFEH typically has a one-year filing deadline. Failure to file within the required time frame can result in the loss of your legal rights.

Consult with an Experienced Disability Discrimination Attorney

Get Professional Help: Disability discrimination and accommodation violations can be complex. Consulting with an experienced employment attorney can help you understand the nuances of the law and your options. A skilled lawyer can assist you in navigating the process, filing complaints with the appropriate agencies, and even pursuing a lawsuit if necessary.

Protecting Your Rights

Disability discrimination is illegal , but it is still prevalent in many workplaces. Employees with disabilities have the right to reasonable accommodation and protection from discrimination. If you believe your employer is not complying with ADA or California’s disability laws, it’s crucial to take action as soon as possible. Document everything, engage in the interactive process, and know your rights.

If you believe you have been discriminated against or denied necessary accommodations, don’t wait—contact us today. Our experienced attorneys specialize in employment law and are committed to fighting for your rights. We’ll help you navigate the complex legal process and ensure that you receive the accommodations and justice you deserve. Reach out to us today for a consultation, and take the first step toward securing your rights in the workplace.

How to Build a Strong Whistleblower Case in California

Sun, 01 Dec 2024 15:20:13 GMT

Originally, the phrase “whistle-blower” referred to a person who exposed the unlawful activities of a business or corporation that was cheating the government. Over time, however, the definition expanded to include any worker who spots and reports unlawful activities occurring at work or discloses corporate crimes that are being carried out without the victim’s awareness. It’s important to understand the legal landscape and the steps necessary to make a strong case if you’re considering becoming a whistleblower. California Law provides strong safeguards for people who come forward. At Gould Firm, we aim to provide a comprehensive guide to help you develop a strong California whistleblower case.

Understand What Constitutes Whistleblowing

Whistleblowers are crucial in exposing financial misconduct, safety breaches, fraud, and other unlawful activities in order to maintain accountability and legal compliance. These may consist of activities like fraud, discrimination, harassment, environmental violations, wage and hour violations, and health and safety violations. Whistleblowers in California have the option to inform government agencies or their own internal organization about wrongdoings. You must have a reasonable belief that the wrongdoing took place, and the violation must be unlawful or unethical.

Document Everything

It’s important to keep records of all the relevant information that will support your claims and build a strong whistleblower case. This includes:

Emails or any form of communication
Meeting notes
Photos and video evidence of violations
Reports that were made to your managers or HR
Any witnesses willing to corroborate your claims
Your records will be crucial in supporting your allegations, so ensure they are detailed, organized and accessible.

Ensure You Have a Valid Claim

You have to ensure that the actions you are reporting are indeed illegal. California law only protects whistleblowers when they report violations of laws, regulations, or public policies. For example, you may not be protected under whistleblowers laws if you are reporting an issue that is simply a matter of company policy or internal disputes. You’ll want to consult with an attorney who knows whistleblower cases and can review and tell you how to proceed.

Know your Whistleblower Protections

Under the California Whistleblower Protection Act (Labor Code Section 1102.5), employees are protected from retaliation for reporting violations of laws or regulations. So, employers can’t fire, demote, harass, or otherwise retaliate against employees for making a whistleblower complaint. You’ll want to document any retaliation you believe your employer is taking part in. Whether that be changes in your job deputies, warnings, or adverse actions.

File a Complaint with the Proper Authorities

Depending on the type of infraction, whistleblower complaints in California may be sent to multiple agencies. Typical agencies include the following:

The California Labor Commissioner’s Office (for wage and hour violations)
The California Department of Fair Employment and Housing (for discrimination or harassment)
The California Environmental Protection Agency (for environmental violations)
The U.S. Securities and Exchange Commission (for fraud in financial markets)

It’s essential to file with the correct agency so that your cause can be thoroughly investigated. Your lawyer can assist you with the filing procedure and make sure that all the paperwork is filed.

Consider the Role of Legal Counsel

Cases involving whistleblowers can be complicated, particularly when retaliation or big, resource-rich businesses are involved. It is essential to have an experienced lawyer on your side. They can help you:

Handle the legal system
Recognize your rights and safeguards
Make sure the foundation of your case is strong
Deal with your employer's retaliation or other types of retribution
Explore options for filing a lawsuit if necessary

A lawyer can also make sure you comprehend the possible outcomes of your case, such as your chances of getting compensation for any injuries you sustained because of retaliation.

Prepare for Potential Challenges

It’s not easy being a whistleblower even though you are protected by California law, as employers may use all tactics to discredit your claims. Likewise, they can make false allegations against you or intimidate you. It's important to be prepared for the emotional and professional challenges that may arise but remember that you are standing up for what is right.

Careful planning, solid documentation, and a thorough awareness of your legal rights are necessary to construct a compelling whistleblower case in California. You may make sure that your case is presented successfully by being aware of the protections that are available to you and by collaborating with a competent lawyer. Don't be afraid to speak up and change things if you think you have seen unethical or unlawful behavior. With the correct strategy, you may successfully navigate the whistleblowing process, and California law is on your side.

Get in touch with the knowledgeable lawyers at Gould Firm if you require assistance in pursuing a whistleblower lawsuit. Our goal is to assist you in pursuing justice and defending your rights.

Understanding Severance Agreements: What You Should Know Before Signing

Fri, 01 Nov 2024 16:07:00 GMT

When leaving a company employees are typically offered severance packages, a collection of benefits and compensation that help them in their financial transition. Signing these contracts without fully understanding them can have lasting legal and financial consequences. At the Gould Firm, we strive to equip you with the knowledge and tools you need to fully understand your severance package and the key factors to consider before signing. We recognize that it can be difficult to fully grasp the grounds you may have to challenge your termination or the severance package you’ve been offered, but our attorneys are equipped to guide you through the process, ensuring that your rights are protected, and you receive fair treatment.

What is a Severance Agreement?

A severance agreement is a legal contract between an employer and an employee outlining the terms of the employee’s departure. It will typically cover the rights and responsibilities of each party involved. These agreements often include:

Monetary compensation: a lump sum or continued salary payments.
Benefits: Extended health insurance or paid time off.
Other provisions: Non-disclosure agreements or job placement assistance.

It’s important to review these terms carefully, as what may appear generous on the surface is not always as favorable as it seems.

Why You Should Review Severance Agreements Carefully

If an employee does not read a severance agreement carefully, they could be waiving their legal rights, such as the ability to sue for wrongful termination or discrimination, as employers may try to limit their liability by including clauses that release them from future claims. Likewise, these may include non-competing or non-disclosure agreements, which can limit your future job prospects or restrict what you can say about your employment.

Key Elements to Consider Before Signing

Here are some questions and elements you should consider asking yourself before signing.

Severance Pay: Is the compensation fair given how long you have worked there and the reason for your departure?
Health and Benefits Continuation: How long will your benefits, like health insurance last and will they continue for a set period?
Unemployment Eligibility: Will accepting this severance package affect your eligibility for unemployment benefits?
Legal Rights Waiver: Are you giving up the right to pursue claims, such as wrongful termination or discrimination lawsuits?
Non-Compete agreements: Does the agreement unfairly restrict your ability to work in your field? Ensure that the agreement does not restrict in this way.

What to Do if You Don’t Agree with Terms

Negotiate: You have a right to negotiate the agreements and are often able to do so. You may be able to secure better terms, such as higher severance pay, extended health benefits, or more favorable non-compete clauses.
Consult an Attorney: You’ll want an attorney to review the agreement before signing. As they will be able to help identify any unfavorable terms and advise you on the best course of action.
Take Your Time: Please take your time and do not rush over reading the agreement. It’s important to consider everything stated.

Legal Implications of Signing a Severance Agreement

It’s crucial you fully understand all the consequences before finalizing the agreement with your employer. Once you sign the severance agreement, it becomes legally binding. Therefore, you may have waived your right to pursue claims for any issues like unpaid wages.

How the Gould Firm can Help

Severance agreements can provide a sense of financial relief, but as an employee you need to be aware of any strings that come attached to them. That’s why it’s essential to always review these agreements carefully, seek legal advice, and ensure you understand your rights before signing. The Gould Firm’s employment law attorneys can offer you a range of ideas or services to assist you in obtaining a better package. We will review and help you negotiate your severance agreements to guarantee your rights are protected. In certain situations, a consultation with an attorney can provide you with the necessary guidance on your rights, enabling you to make informed decisions about how to address your employer. In other instances, we may engage in employment mediation, arbitration, or negotiation to secure a severance package that accurately reflects your true value as an employee. No matter what steps we at the Gould Firm take, our commitment remains the same: to advocate for your rights and make certain you receive fair compensation.

Overtime Laws and Employee Rights: What You Need to Know

Tue, 01 Oct 2024 15:56:03 GMT

Many employers exploit their workers by violating their employment rights concerning their wages and overtime. That’s why it is crucial to understand overtime laws and how federal and state regulations protect workers' rights. Unfortunately, many employees are unaware of their eligibility or what to do if they don’t receive their overtime pay. That’s why it’s important to ask yourself questions like: Does your employer routinely ask you to work off the clock to avoid paying overtime? Are the hours you work being properly accounted for? Are you being paid less than minimum wage? And does your employer classify you as a manager to deny you overtime? If you answered yes to any of these questions, your employer may be cheating you out of your wages and violating the law. At The Gould Firm, our San Diego wage and hour lawyer will pursue your employer to recover monetary damages, like lost wages, penalties, interest and attorney’s fees you may be entitled to. Our firm believes that all employees deserve to be treated fairly and paid for all the hours they have worked.

What Are Overtime Laws?

Overtime is considered any extra time working beyond a standard workweek and getting extra compensation for that time. According to the Fair Labor Standards Act (FLSA), overtime pay kicks in when an employee works more than the standard 40-hour workweek. When an employee does work overtime their pay is typically 1.5 times their regular hourly rate, which is referred to as “time and a half.” Employees should note that some states, like California, also mandate overtime for working more than 8 hours in a day.

Who Qualifies for Overtime?

Understanding whether you are a non-exempt or exempt employee is crucial to knowing if you qualify for overtime, as not all employees are eligible. Non-exempt employees are typically hourly workers who qualify for overtime pay under FLSA, as they are protected by federal and state wage laws. While exempt employees are not entailed to overtime pay under FLSA guidelines, as they are salary workers, professionals and executives. It’s important to check both federal and state laws as some laws expand their overtime eligibility to employees.

What to Do If Your Employer Refuses to Pay Overtime

Here are the steps you can take if you believe you are not receiving the overtime pay, you’re entitled to:

Review Company Policies: Check your employee handbook or signed contract for company-specific overtime rules.
Track your hours: Keep a detailed record of your work hours, including breaks, to document any of your overtime.
Report Internally: Raise the issue with your human resource department or employer, doing so may resolve the issue internally.
File a Wage Complaint: If your employer refuses to pay your overtime, you’ll have to file a wage complaint with the Department of Labor (DOL) or your state’s labor agency.
Seek Legal Help: Consider consulting with an employment law attorney to help recover any larger or unpaid wages.

Penalties for Employers Who Violate Overtime Laws

Employers who refuse to pay overtime wages may face legals consequences, including fines, penalties, and being required to pay back wages for up to two to three years, depending on the severity of the violation. Employees also have the right to recover back pay and may be able to claim compensation for the period during which their employer violated overtime laws.

Protect your Rights

If you believe your employer is violating your rights, reach out to The Gould Firm’s experienced employment law attorneys to help you recover your unpaid overtime wages. Our team will guide you through the legal process and ensure your rights are protected. Do not hesitate to exercise your rights with management, as overtime laws are in place to protect you, and legal action may be necessary. If you are being denied fair compensation for overtime, take action by keeping records, knowing your rights and consulting an attorney. Contact the Gould Firm for a consultation, as we understand how overwhelming it can be to stand up against an employer, and we’re here to support you every step of the way.

Understanding Retaliation Claims: How to Protect Your Job After Reporting Misconduct

Sun, 01 Sep 2024 15:50:54 GMT

Have you faced negative actions at work because of filing a complaint or engaging in other protected activities? If so, you may have grounds to file a claim against your employer for compensation. As an employee you have a right to speak up against any harassment, discrimination, safety violations, or fraud you may experience or witness. To ensure a safe, fair, and lawful work environment it’s important to report any misconduct you may see. Unfortunately, employees may face retaliation as a result, which is any form of workplace punishment for reporting a wrongdoing. Retaliation is a common act that an employer can take against an employee and can be very challenging to prove in California, as employers rarely ever admit their actions. That's why you need an experienced employment attorney to take on your case. At The Gould Firm, we have the right employee attorney to protect your rights and fight for you in your retaliation claims. The Gould Firm has represented many victims of retaliation and has a track record of success. Let’s break down what is considered retaliation, how to recognize it and the steps you can take to protect yourself after reporting misconduct.

What is Retaliation?

When an employee engages in legally protected activity, such as reporting misconduct, discrimination, or other unlawful practices, an employer can retaliate by taking negative actions towards the employee. Let’s examine some of the common forms of retaliation, as they can range from being demoted or fired to more insidious forms like increased scrutiny.

Common forms of Retaliation include:

Termination: Being fired shortly after reporting the misconduct.
Demotions: Demoting the employee’s job title, responsibilities, or pay.
Exclusion: Excluding an employee out of important meetings, projects, or communications.
Negative Performance Reviews: Having no justification for giving an employee a poor performance review.
Hostile Work Environment: Creating a work atmosphere that is unbearable for the employee to continue working in, by bullying or criticism.

What Protections are in Place Against Retaliation?

There are multiple laws in place that protect employees from retaliation and prohibit employers from engaging in these types of activities. These include:

Fair Employment and Housing Act (“FEHA”): Which prohibits an employer from retaliating against any employee who engages in protected activity.

Government Code Section 12940, subdivision (h): This law protects employees who resist or object to discrimination or harassment. It is considered unlawful for any employer to discharge, expel, or discriminate against any employee because they oppose any practices forbidden under the law.

The Fair Labor Standards Act (FLSA ): Protects employees who file complaints regarding wage and hour violations.

The Occupational Safety and Health Act (OSHA): Protects workers who report safety violations.

Whistleblower Protection Laws: Shield employees who report corporate fraud or other legal violations.

Title VII of the Civil Rights Act of 1964: Prohibits retaliation against employees who report workplace discrimination.

Under these laws, employers can’t legally punish you for exercising your rights, and if they do, you may have grounds to file a retaliation claim.

How to Recognize Retaliation

Retaliation can be difficult to identify if you don’t know what signs to look for, as negative actions taken by your employer may not always be direct or immediate. If you start to notice changes in your work environment or treatment shortly after you've filed, that could be a red flag. Some warnings signs could include:

A sudden shift in performance evaluations with no justifications.
Increased criticism of your work that wasn't an issue before.
Being passed over for promotions, raises, or projects.
An abrupt change in job duties.

Steps to Take If You Suspect Retaliation

Document Everything: Make sure to keep detailed records of all your interactions with your employer. For example, any records of work performance, emails, meeting notes, and any interactions related to the misconduct.
Review Company Policies: Check your company's employee handbook for anti-retaliation policies so you can know the process for handling complaints.
File an Internal Complaint: Next you will want to file a formal complaint to the company's human resources department. Provide as much documentation as possible to support your claim.
Seek Legal Advice: Consult an employment law attorney who can help guide you through this complex process and file the formal complaints to the Equal Employment Opportunity Commission (EEOC).
File a Complaint with EEOC: If internal processes don’t help resolve the issue, you’ll then want to file a retaliation complaint with the EEOC. You’ll have to provide them with all your documentation that displays the negative actions taken by your employer.

Proving Retaliation

When trying to prove retaliation you need to provide evidence that you took part in a protected activity like reporting misconduct, filing a complaint or exercising your legal right s. Then you need to show that as a result your employer took negative actions against you like demotion, termination, or creating a hostile work environment. Lastly, there needs to be evidence that an action occurred because of your report. Time will play a big role in proving that retaliation happened, as you want to prove it occurred right after your complaint.

If you suspect that you’re being retaliated against, don’t hesitate to take action. Employees who stand up for their rights should never face punishment for doing so. The best way you can protect yourself and hold your employer accountable is by documenting retaliation, understanding your rights, and seeking legal advice. The Gould Firm is here to assist you with our qualified employment law attorneys. We can help you navigate all the complexities of the legal system and ensure your rights are protected.

Understanding Daycare Facility Injuries and Your Legal Rights

Thu, 01 Aug 2024 16:39:06 GMT

Daycare facilities are meant to be safe havens for children, providing care and supervision while parents are at work. However, accidents and injuries can occur, sometimes due to negligence or unsafe conditions. At the Gould Firm, we specialize in personal injury law, including cases involving daycare facility injuries. Our goal is to ensure that children receive the protection they deserve and that responsible parties are held accountable. In this blog post, we’ll discuss what daycare facility injuries entail, the legal actions that can be taken, and how the Gould Firm can assist you.

What Are Daycare Facility Injuries?

Daycare facility injuries refer to any harm that a child sustains while under the care of a daycare provider. These injuries can range from minor cuts and bruises to more serious incidents, such as broken bones, head injuries, or even fatalities. Common causes of daycare facility injuries include:

· Lack of Supervision: Insufficient staff-to-child ratios or inattentive caregivers.

· Unsafe Facilities: Poorly maintained equipment, hazardous playgrounds, or unsafe sleeping areas.

· Negligence: Failure to follow safety protocols, inadequate staff training, or failure to administer medication properly.

· Abuse or Neglect: Physical, emotional, or sexual abuse by staff or other children.

Legal Actions for Daycare Facility Injuries

When a child is injured at a daycare facility, parents may have the right to pursue legal action to seek compensation for medical expenses, pain and suffering, and other related costs. The legal process typically involves the following steps:

1. Documenting the Injury

Gathering evidence is crucial. This includes medical records, photographs of the injury and the site where it occurred, and any eyewitness statements. Keeping detailed notes on the events leading up to and following the injury can also be helpful.

2. Reporting the Incident

Informing the daycare facility about the injury is essential. They should document the incident in their records and provide you with a copy of their report. In some cases, it may also be necessary to report the incident to state licensing authorities or child protective services.

3. Consulting an Attorney

Consulting with a personal injury attorney who specializes in daycare facility injuries is crucial. An attorney can help determine whether you have a valid claim, identify liable parties, and navigate the complexities of the legal system.

4. Filing a Claim

If negligence or wrongdoing is suspected, your attorney will help you file a personal injury claim against the daycare facility or responsible parties. This claim may seek compensation for medical bills, rehabilitation costs, pain and suffering, and other damages.

How the Gould Firm Can Help

At the Gould Firm, we have extensive experience handling personal injury cases, including those involving daycare facility injuries. Here’s how we can assist you:

· Expert Legal Advice: We provide knowledgeable guidance on your legal rights and options, helping you understand the best course of action for your specific situation.

· Thorough Investigation: Our team conducts a comprehensive investigation to gather evidence, interview witnesses, and build a strong case on your behalf.

· Skilled Negotiation: We negotiate with insurance companies and other parties to secure fair compensation for your child’s injuries and related expenses.

· Court Representation: If a fair settlement cannot be reached, we are prepared to represent you in court, advocating vigorously for your child's rights and interests.

Daycare facility injuries can have a lasting impact on a child’s life and their family's well-being. Understanding your legal rights and the steps you can take is essential in seeking justice and

ensuring such incidents do not happen again. The Gould Firm is dedicated to advocating for the safety and rights of children and their families. If your child has been injured at a daycare facility, contact us today for a consultation. We are here to help you navigate this challenging time and secure the compensation your child deserves.

Getting Familiar with the Family and Medical Leave Act (FMLA)

Mon, 01 Jul 2024 16:29:19 GMT

The Family and Medical Leave Act (FMLA) is a crucial piece of legislation designed to help employees balance their work and personal lives without fear of losing their jobs. At the Gould Firm, we believe that understanding your rights under the FMLA is essential for ensuring fair treatment in the workplace. This blog post will provide an overview of the FMLA, including eligibility, benefits, and the protections it offers.

What is the FMLA?

Enacted in 1993, the FMLA allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons. The purpose of the act is to help employees manage serious health conditions or family responsibilities while maintaining job security.

Eligibility Requirements

To be eligible for FMLA leave, an employee must:

· Work for a Covered Employer: Employers with 50 or more employees within a 75- mile radius are required to comply with the FMLA.

· Have Worked for the Employer for at Least 12 Months: These months need not be consecutive.

· Have Completed at Least 1,250 Hours of Service: This must be within the 12 months prior to the start of the leave.

Reasons for Taking FMLA Leave

Eligible employees can take up to 12 weeks of unpaid leave within a 12-month period for the following reasons:

· Birth and Care of a Newborn: This includes both mothers and fathers.

· Adoption or Foster Care Placement: To bond with a newly placed child.

· Serious Health Condition: When the employee is unable to perform their job due to a serious health condition.

· Care for an Immediate Family Member: When a spouse, child, or parent has a serious health condition.

· Military Family Leave: For qualifying exigencies related to a family member’s military service.

Additionally, employees may take up to 26 weeks of leave in a single 12-month period to care for a covered servicemember with a serious injury or illness.

Benefits and Protections

The FMLA provides several important protections and benefits, including:

· Job Protection: Employees are entitled to return to their same or an equivalent job at the end of their leave.

· Continuation of Health Benefits: Employers must maintain the employee’s health coverage under the same terms as if they had continued working.

· Protection from Retaliation: Employers are prohibited from retaliating against employees for taking FMLA leave or for exercising their FMLA rights.

How to Request FMLA Leave

To request FMLA leave, employees should:

· Notify Their Employer: Provide 30 days’ advance notice if the need for leave is foreseeable. If not, notify the employer as soon as possible.

· Provide Sufficient Information: Include enough details about the reason for the leave so the employer can determine if it qualifies under the FMLA.

· Submit Medical Certification: If requested by the employer, provide certification from a healthcare provider supporting the need for leave.

Challenges and Employer Obligations

While the FMLA provides significant protections, navigating its complexities can sometimes be challenging. Employers are required to:

· Inform Employees of Their FMLA Rights: Employers must provide information about FMLA rights and responsibilities.

· Designate FMLA Leave: Notify employees if their leave will be designated as FMLA leave and provide the amount of leave counted against their FMLA entitlement.

· Maintain Records: Keep detailed records of FMLA leave taken by employees.

The Gould Firm: Advocating for Employee Rights

At the Gould Firm, we are committed to advocating for employees’ rights under the FMLA. We understand the importance of balancing work and personal responsibilities and strive to ensure that employers uphold their obligations under the law. Our experienced employment law

attorneys provide guidance on FMLA eligibility, assist with leave requests, and represent employees in disputes over FMLA rights.

If you believe your FMLA rights have been violated or need assistance understanding your entitlements, the Gould Firm is here to help. We work tirelessly to support and protect the rights of the people we represent, ensuring fair treatment in the workplace. Contact us today for a consultation and take the first step toward safeguarding your rights under the FMLA.

Understanding Hostile Work Environments and the Role of Employment Law

Sat, 01 Jun 2024 16:22:37 GMT

A hostile work environment is more than just a bad day at the office. It involves repeated and pervasive conduct that makes the workplace intimidating, hostile, or offensive. At the Gould Firm, we understand the profound impact such an environment can have on employees' mental and physical well-being, as well as their professional performance. Let’s delve into what constitutes a hostile work environment and how employment law serves as a crucial shield for affected employees.

What Constitutes a Hostile Work Environment?

A hostile work environment occurs when unwelcome comments or conduct based on race,

gender, religion, age, disability, or other protected characteristics interfere with an employee’s work performance or create an intimidating, hostile, or offensive work environment. This can include:

· Verbal Conduct: Derogatory comments, slurs, or jokes.

· Physical Conduct: Unwanted touching, physical threats, or assault.

· Visual Conduct: Display of offensive materials, such as posters or emails.

· Other Unwelcome Behaviors: Bullying, isolation, or unjustified criticism.

For an environment to be legally defined as hostile, the behavior must be pervasive enough to create a work environment that a reasonable person would find intimidating, hostile, or abusive.

The Role of Employment Law

Employment law is designed to protect employees from hostile work environments and to hold employers accountable for maintaining a safe and respectful workplace. Here’s how employment law helps:

1. Federal and State Laws

The cornerstone of protection against hostile work environments is found in various federal and state laws. Key among these are:

· Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on race, color, religion, sex, or national origin.

· Americans with Disabilities Act (ADA): Prohibits discrimination based on disability.

· Age Discrimination in Employment Act (ADEA): Protects employees 40 years of age and older from discrimination.

States often have additional laws that provide further protection, and sometimes cover more categories than federal laws.

2. Employer Responsibilities

Employers are required by law to take reasonable steps to prevent and address hostile work environments. This includes:

· Creating Clear Policies: Developing comprehensive anti-harassment policies and ensuring they are communicated to all employees.

· Providing Training: Regularly training employees and management on recognizing and preventing harassment.

· Establishing Reporting Mechanisms: Creating safe and accessible ways for employees to report harassment without fear of retaliation.

· Conducting Investigations: Promptly and thoroughly investigating all complaints of harassment.

3. Employee Rights and Remedies

Employees who believe they are working in a hostile environment have several avenues for recourse:

· Internal Reporting: Employees can report the behavior to their HR department or designated company representative.

· Filing a Complaint: If internal mechanisms fail, employees can file a complaint with the Equal Employment Opportunity Commission (EEOC) or corresponding state agencies.

· Legal Action: Employees may also file a lawsuit against their employer for failing to address the hostile work environment. Remedies can include compensation for emotional distress, punitive damages, and reinstatement if the employee was wrongfully terminated.

The Gould Firm: Advocating for Fair Treatment

At the Gould Firm, we are dedicated to advocating for employees’ rights and ensuring that workplaces remain respectful and safe. If you believe you are experiencing a hostile work environment, our team of experienced employment law attorneys is here to help. We provide guidance on your rights, assist in navigating internal complaint processes, and represent you in legal actions if necessary.

A hostile work environment can significantly impact your professional and personal life. Understanding your rights and the protections afforded by employment law is the first step toward creating a better workplace for everyone. Contact the Gould Firm today for a consultation and take the first step towards reclaiming your work environment.

What to Do After a Car Accident

Tue, 15 Aug 2023 19:42:15 GMT

Car accidents can be stressful and overwhelming, especially when it comes to dealing with insurance companies, medical bills, and legal issues. Knowing what to do after a car accident can make a huge difference in ensuring that you receive the proper compensation you deserve. Our San Diego car accident lawyers will provide you with a comprehensive guide on what to do after a car accident.

1. Call 911

The first thing you need to do after a car accident is to call 911. This will ensure that emergency services are on their way to the scene of the accident. Even if you think you are not injured, it is important to get checked by a medical professional.

2. Document the Accident Scene

Take photos of the accident scene, including the damage to your car and any other vehicles involved. This will help you in your insurance claim and also in any legal proceedings.

3. Exchange Information

Exchange information with the other driver(s) involved in the accident, including their name, contact details, license plate number, insurance company, and policy number.

4. Contact Your Insurance Company

Contact your insurance company as soon as possible after the accident. Provide them with the necessary information and documentation, including photos of the accident scene and any medical bills you may have incurred.

5. Contact a Car Accident Attorney

If you have been injured in the accident, it is important to contact an attorney who specializes in car accident cases. They can help you navigate the legal process and ensure that you receive the proper compensation you deserve.

In conclusion, being involved in a car accident can be a traumatic experience. Knowing what to do after a car accident can make a huge difference in ensuring that you receive the proper compensation you deserve.

Contact Our San Diego Car Accident Lawyer

If you have been involved in a car accident, contact The Gould Firm. Our experienced attorneys can help you navigate the legal process and ensure that you receive the compensation you deserve.

Contact The Gould Firm online or at (619) 941-0667to schedule a free initial consultation with our San Diego attorney today.

Can Age Discrimination Occur During the Hiring Process?

Tue, 18 Jul 2023 19:50:55 GMT

Age discrimination is an unfortunate reality that many job seekers face during the hiring process. Despite laws in place to protect against such discrimination, it still persists, leaving individuals feeling frustrated and disheartened. In this blog post, we will delve into the topic of age discrimination during the hiring process, shed light on its occurrence, and provide practical tips to help job seekers navigate this challenging landscape.

Understanding Age Discrimination in Hiring:

Age discrimination can manifest in various ways during the hiring process. Employers may engage in biased practices such as setting age preferences, using age-related language in job advertisements, or making assumptions about an individual's capabilities based on their age. It is crucial to be aware of these discriminatory practices to effectively combat them.

Tips to Overcome Age Discrimination:

1. Highlight Your Relevant Skills and Experience: Emphasize your qualifications and achievements that are directly applicable to the job you are applying for. By showcasing your expertise, you can demonstrate that age is not a barrier to your ability to perform the role effectively.

2. Tailor Your Resume: Customize your resume to align with the specific job requirements, focusing on recent experiences that highlight your skills and expertise. This approach allows you to present a concise and relevant snapshot of your capabilities, minimizing the potential for age bias.

3. Leverage Your Network: Networking can be a powerful tool in overcoming age discrimination. Utilize professional networking platforms, attend industry events, and connect with individuals who can provide insights and potential job opportunities. Building relationships can help break down stereotypes and increase your chances of finding employment.

4. Stay Current and Embrace Technology: Demonstrating your adaptability and willingness to learn new technologies can counteract age-related assumptions. Stay updated with industry trends, enhance your digital skills, and showcase your proficiency with relevant software or tools.

5. Be Confident and Assertive: During interviews, exude confidence and assertiveness. Focus on your abilities and achievements, and address any concerns that may arise regarding your age head-on. By projecting confidence, you can challenge stereotypes and present yourself as a valuable asset to the organization.

Contact Our San Diego Age Discrimination Lawyers

Age discrimination during the hiring process is a real issue that deserves attention and action. By implementing the tips mentioned above and staying informed about your rights, you can navigate this challenging landscape and increase your chances of securing the job you deserve.

At The Gould Firm, we understand the complexities surrounding age discrimination in employment. Our team of experienced employment law attorneys is dedicated to fighting against discriminatory practices and ensuring fair treatment for all job seekers. If you believe you have been a victim of age discrimination during the hiring process, contact us today for a confidential consultation.

Please call today at (619) 941-0667. Our age discrimination attorneys in San Diego are here to help.

What is the Statute of Limitation for Medical Malpractice

Thu, 08 Jun 2023 20:04:40 GMT

As a patient, you trust your healthcare provider to give you the best possible care. However, there are times when medical professionals fail to meet their responsibilities, and you may suffer harm as a result. If you believe that you have been a victim of medical malpractice, you may be able to file a lawsuit against the responsible party. But before you do, it's important to understand the statute of limitation for medical malpractice cases.

What is the Statute of Limitation for Medical Malpractice?

The statute of limitation for medical malpractice is a law that sets a time limit for filing a lawsuit against a healthcare provider or facility for negligence or malpractice. In California, the statute of limitation for medical malpractice cases is generally three years from the date of injury or one year from the date of discovery of the injury, whichever comes first. However, there are exceptions to this rule, which we'll discuss below.

Exceptions to the Statute of Limitation

There are several exceptions to the statute of limitation for medical malpractice cases in California. These include:

Minor children: If the victim of medical malpractice is a minor, the statute of limitation does not begin to run until the child turns 18 years old.

Foreign objects: If a foreign object is left inside a patient's body during surgery, the statute of limitation does not begin to run until the object is discovered or should have been discovered.

Fraud or intentional concealment: If the healthcare provider intentionally conceals or fraudulently hides the injury from the patient, the statute of limitation may be extended.

Why the Statute of Limitation is Important

The statute of limitation is important because it ensures that lawsuits are filed in a timely manner. Waiting too long to file a lawsuit can make it difficult to gather evidence and prove your case. Additionally, if you miss the deadline for filing a lawsuit, you may be barred from pursuing legal action altogether.

How The Gould Firm Can Help

If you believe that you have been a victim of medical malpractice, it's important to act quickly. The Gould Firm is here to help. Our experienced personal injury attorneys can guide you through the legal process and help you get the compensation you deserve. Contact us today to schedule a consultation.

In conclusion, understanding the statute of limitation for medical malpractice cases is crucial if you believe that you have been a victim of negligence or malpractice by a healthcare provider. Remember that the deadline for filing a lawsuit is generally three years from the date of injury or one year from the date of discovery of the injury, whichever comes first. If you need legal assistance, don't hesitate to contact The Gould Firm for help.

What to do When a Dog Bites You

Thu, 08 Jun 2023 19:58:15 GMT

Dogs are often referred to as man's best friend, but they can also be unpredictable and dangerous. If you've been bitten by a dog, it's important to know what steps to take to protect yourself and your legal rights. In this blog post, we'll provide a comprehensive guide on what to do when a dog bites you.

Seek Medical Attention Immediately

The first thing you should do after a dog bite is to seek medical attention. Even if the wound seems minor, it's important to get it checked out by a medical professional to prevent infection or other complications.

Identify the Dog and Its Owner

If possible, try to identify the dog and its owner. This information will be important if you decide to pursue legal action. Get the owner's name and contact information, as well as any information about the dog's vaccination history.

Report the Incident

Report the incident to the local animal control agency or police department. They will investigate the incident and determine if the dog is a danger to the community.

Document the Incident

Take photos of your injuries and any damage to your property. Keep a record of all medical bills and other expenses related to the incident. This documentation will be important if you decide to pursue legal action.

Consult with an Attorney

If you've been bitten by a dog, it's important to consult with an experienced attorney who can help you understand your legal rights and options. An attorney can help you navigate the legal process and ensure that you receive fair compensation for your injuries.

Contact Our Dog Bite Lawyers

Being bitten by a dog can be a traumatic experience, but it's important to take the necessary steps to protect yourself and your legal rights. If you've been bitten by a dog, seek medical attention immediately, identify the dog and its owner, report the incident, document the incident, and consult with an attorney. The Gould Firm specializes in dog bite cases and can provide the legal support and guidance you need during this difficult time. Contact us today to learn more.

The Glass Ceiling Effect: Gender Discrimination's Impact on Californian Women

Wed, 17 May 2023 20:16:40 GMT

Despite the progress made in recent years, gender discrimination continues to be a significant issue in the California workplace. The glass ceiling effect, which refers to the invisible barriers that prevent women from advancing in their careers, can have a profound impact on the professional lives and financial well-being of women in California. In this blog post, we will discuss strategies for combating gender discrimination in the workplace and provide resources for those who may be experiencing the glass ceiling effect.

1. Know Your Rights

Understanding the laws and regulations that protect you from gender discrimination is crucial in fighting against the glass ceiling effect. In California, the Department of Fair Employment and Housing (DFEH) enforces laws that protect employees from discrimination based on sex, gender, gender identity, and gender expression. Familiarize yourself with these laws, and consider seeking legal counsel if you believe your rights have been violated.

2. Document and Report Instances of Discrimination

If you suspect that you are experiencing gender discrimination in the workplace, it's important to document specific incidents and report them to the appropriate parties. This may include reporting to your supervisor, human resources department, or filing a complaint with the Equal Employment Opportunity Commission (EEOC). Keep detailed records of the incidents, including dates, times, locations, and any witnesses present. This information can be crucial in supporting your case if you decide to take legal action.

3. Build a Support Network

Dealing with gender discrimination in the workplace can be emotionally taxing and isolating. Building a support network of colleagues, friends, and family who understand your experiences can provide invaluable emotional support and encouragement. Additionally, consider joining professional organizations, such as Women in Technology International (WITI), that focus on empowering women in the workplace and advocating for gender equality.

4. Develop Your Skills and Pursue Opportunities

One way to combat the glass ceiling effect is by continually developing your skills and seeking out opportunities for advancement. This may include pursuing additional education, certifications, or training programs relevant to your industry. By demonstrating your expertise and value to your employer, you can position yourself for promotions and advancement opportunities, despite any potential barriers created by gender discrimination.

5. Seek Legal Counsel if Necessary

If you believe you have experienced gender discrimination in the workplace and have exhausted all other avenues for resolution, it may be time to consult with an experienced employment attorney. The Gould Firm specializes in employment law and can help you navigate the complex process of pursuing a gender discrimination claim. Our team of dedicated attorneys will work diligently to protect your rights and ensure that you receive the compensation and justice you deserve.

In conclusion, the glass ceiling effect remains a significant issue for women in the California workplace. By understanding your rights, documenting and reporting instances of discrimination, building a support network, developing your skills, and seeking legal counsel when necessary, you can take steps to combat gender discrimination and break through the glass ceiling. If you have any questions or concerns about your rights or the legal process related to gender discrimination, don't hesitate to contact The Gould Firm for a consultation.

Legal Matters: Understanding Personal Injury Claims for Auto Accidents in California

Wed, 17 May 2023 20:11:01 GMT

Auto accidents can be a traumatic experience, and dealing with the aftermath can be overwhelming. If you have been involved in an auto accident in California, understanding personal injury claims is crucial to ensure you receive the compensation you deserve. This comprehensive guide will walk you through the process of filing a personal injury claim, from understanding California's specific laws to seeking legal representation.

1. Understanding California's "At-Fault" and "Comparative Negligence" Laws

California follows an "at-fault" system when it comes to auto accidents. This means that the driver who is found to be responsible for the accident is liable for damages caused to other parties. In addition, California also follows a "comparative negligence" rule, which means that your compensation may be reduced if you are found to be partially at fault for the accident. It is essential to understand these laws when filing a personal injury claim, as they can significantly impact the amount of compensation you may receive. For more information on California's auto accident laws, visit the California Department of Motor Vehicles website.

2. Determining Damages in a Personal Injury Claim

When filing a personal injury claim, it is essential to determine the damages you have suffered as a result of the accident. Damages can include medical expenses, lost wages, and pain and suffering. To calculate these damages, gather all relevant documentation, such as medical bills, proof of lost income, and any other evidence that supports your claim. Keep in mind that under California's comparative negligence rule, your damages may be reduced if you are found to be partially at fault for the accident.

3. Statute of Limitations for Personal Injury Claims in California

It is crucial to be aware of the statute of limitations for personal injury claims in California. The statute of limitations is the time limit within which you must file a claim after an accident. In California, the statute of limitations for personal injury claims is two years from the date of the accident. If you fail to file your claim within this time frame, you may lose your right to seek compensation. For more information on the statute of limitations, visit the California Courts website.

4. Seeking Legal Representation

While it is possible to file a personal injury claim on your own, seeking legal representation can significantly increase your chances of receiving the compensation you deserve. An experienced personal injury attorney can help you navigate the complex legal process, gather evidence to support your claim, and negotiate with insurance companies on your behalf. At The Gould Firm, we specialize in Legal Matters: Understanding Personal Injury Claims for Auto Accidents in California and can provide the guidance and support you need throughout this challenging process.

5. Preparing for a Settlement or Trial

Settlement: Many personal injury claims are resolved through a settlement, which is an agreement between the parties to resolve the claim without going to trial. An experienced attorney can help you negotiate a fair settlement that adequately compensates you for your damages.

Trial: If a settlement cannot be reached, your case may go to trial. During a trial, your attorney will present evidence to support your claim and argue on your behalf to convince a jury to award you compensation. Trials can be lengthy and complex, making it essential to have experienced legal representation on your side.

In conclusion, understanding personal injury claims for auto accidents in California is crucial to ensure you receive the compensation you deserve. Navigating the legal process can be challenging, but with the help of an experienced attorney, you can successfully file a personal injury claim and move forward with your life. If you are in need of legal representation for an auto accident in San Diego, CA, contact The Gould Firm today for a consultation.

Defending Employers Against Wage and Hour Claims in California

Thu, 10 Mar 2022 20:21:34 GMT

Our San Diego Employment Law Lawyer Explains the Rules

Wage and hour claims may occur when an employee accuses his or her employer of withholding wages or having paid the employee improper wages during their employment. There are a number of reasons why a current or former employee may claim a company has taken his or her wages. While, many unpaid wage claims arise when an employee quits or is terminated, claims can also arise during an employee’s employment. In either case, employers may need to defend themselves before the California Labor Commissioner , specifically the Division of Labor Standards Enforcement (DLSE).

California employment lawyer Evan A. Gould can help businesses who are facing unpaid wage claims. Continue reading to learn more about wage and hour claims in California or call us for a consultation.

What Happens During a Wage Claim in California?

It depends. The Labor Commissioner does not have the authority to oversee certain types of claims. You can learn more about which claims the DLSE has jurisdiction over on our website or you can contact us with questions.

If the commissioner has the authority to oversee a claim, then it may require either a Conference pursuant to Section 98.3, a Hearing pursuant to Section 98(a), or both. The DSLE resolves a majority of claims through the conference process. A conference can establish whether it is necessary to hold a hearing. It is highly recommended to work with an attorney if you are already this far along in the process or in any hearing before the DLSE. Should the claim ultimately be set for a hearing, attorney Evan Gould can help you to prepare a proper defense and determine what documentation may help you prevail over a wage claim in California.

What Should I Do if I Receive Notice of a Wage Claim or Lawsuit?

You should begin collecting evidence immediately and consider contacting an employment law attorney immediately. An attorney can work with you to collect employee time logs, employee and payroll records and other documents that may minimize your potential liability or defend against the claim. Of course, you should resist any temptation to alter, destroy or manufacture any evidence.

Examples of Some Defenses and Strategies

There are a couple of possible defense options for a wage claim. If a check bounced for example, it may be possible to show unpaid wages were not intentional.

Additionally, it helps to establish proof your business complied with the requirements under Labor Code Section 2810.5. Proving that you kept accurate payroll and time records can also help during the process.

The DSLE will notify you within 30 days of the next steps in the process, such as whether there will be a conference or hearing. Settlement discussions may also be appropriate. It is important to choose an employment lawyer who has experience mediating, arbitrating or settling employment law claims . Additionally, an attorney can help create a legally binding settlement agreement that would prohibit a former employee from bringing additional wage claims. Well-drafted settlement agreements may include a confidentiality provision and or non-disparagement agreement.

An employment law attorney can represent you should a hearing be necessary. You can learn more about what happens during a wage claim hearing on our site or during a consultation with us.

Contact Our San Diego Employment Law Lawyer

Questions about handling a wage claim in California? Contact San Diego employment law attorney Evan Gould. You can schedule a consultation with us by dialing (619) 941-0667 or by using the contact form on our site.

What Is Wage Theft?

Wed, 19 Jan 2022 20:25:55 GMT

Our San Diego Employment Lawyer Explains Common Examples of Wage Theft in California

Employers across the U.S. are responsible for stealing billions of dollars in wages each year. According to a 2017 report released by the Economic Policy Institute, workers lose an average of $3,300 to minimum wage violations alone each year. Not paying the minimum wage is only one example of how an employer can steal your wages. What is wage theft? There are plenty of other scenarios that may constitute wage theft.

Examples of Wage Theft in California

Below, our San Diego employment lawyer discusses common examples of wage theft in California. However, if you want to discuss whether your situation qualifies as wage theft, then we encourage you to contact us for a free consultation.

Employer Misclassification

Misclassification may occur when an employer improperly classifies employees as independent contractors to avoid paying for payroll taxes, workers’ comp or health benefits or supplies necessary to conduct job duties. Additionally, employers may misclassify hourly employees as salaried supervisors to avoid paying overtime.

Being Paid Less Than Minimum Wage

As we mentioned above, failing to pay workers the minimum wage is a common example of wage theft. In California, as of 2021, the minimum wage is $14 per hour for employers with more than 25 workers and $13 for employers with 25 or fewer workers.

Denial of Paid Sick Leave

Employees may be eligible for paid sick leave under the right circumstances. If an employer denies paid sick leave to an eligible worker, it is an example of wage theft. Due to recent changes in California employment laws, many workers accrue paid sick leave. Not being paid promised vacations or time off might also count as wage theft. Contact our San Diego employment lawyer if you are not sure whether your situation qualifies.

Unauthorized Paycheck Deductions

Some employers are brazen when it comes to wage theft. If an employer takes money directly out of your paycheck without permission or sufficient reason, then it may qualify as wage theft. There are only a few scenarios where an employer can take money directly from a paycheck. For instance, they may need your permission in writing.

Another common type of unauthorized deduction occurs in the food and service industry. Employers may sometimes take tips from their workers.

Not Receiving Final Wages

Employers may sometimes withhold your last paycheck. In some cases, this might be because you did not return workplace property to the employer. However, there are also plenty of instances of employers simply withholding the last paycheck without a good reason.

If you lost your job and your employer withholds all or some of the paycheck, then it may be wage theft. We strongly recommend contacting us if you have questions about recovering final wages or benefits.

Violation of Employment Contracts

Some employment contracts may stipulate pay rates, commission or bonuses. If your employer fails to pay these rates, it may be a violation of your employment contract and wage theft. Contact our employment lawyer if you have more questions about employment contract violations in California.

How to File a Wage Claim in California

You should speak with our San Diego employment attorney if you have any questions about how to file a wage claim in California. We can answer your questions about the process or potentially other legal options for holding your current or former employer accountable.

Fighting Wage Theft in California? Contact Our Employment Lawyer for a Free Consultation

Questions about California labor laws and wage theft? Contact our San Diego employment lawyer for a free consultation. Attorney Evan Gould can explain your legal rights under California and federal law. Call (619) 941-0667 or use the contact form on our site to schedule a consultation.

What Is California Overtime Law?

Tue, 14 Dec 2021 20:31:20 GMT

Workers in California deserve fair payment for their employment. Working long hours is often a requirement in jobs these days. Unfortunately, many employees do not receive fair wages when they work these long hours. Understanding California overtime law can help you determine when your employer owes you overtime pay .

Both the Federal Labor Standards Act and California wage and hour laws protect employees. These laws establish a minimum wage, overtime pay eligibility and child labor standards. They affect full-time and part-time workers in California.

What Is California Overtime Law?

California’s overtime laws require employers to pay overtime to non-exempt employees. Those requirements include:

Overtime pay at one and a half times regular pay rate for:
Working more than eight hours per day
Working over 40 hours per week
First eight hours on the seventh consecutive day worked
Overtime pay at two times regular pay rate for:
Working more than 12 hours per day
Any work over eight hours on the seventh consecutive day

To become eligible for overtime pay, employees must be over the age of 18 and employed in a non-professional job. Employees who work on hourly rates, day rates or annual salary can still qualify for overtime pay, as long as they are not exempt under California overtime law.

Reasons You May Not Get Overtime Pay in California

Unfortunately, many employers violate federal and state wage and hour laws to avoid paying overtime. Employers who fail to comply with California wage and hour laws can be held accountable. An experienced San Diego employment lawyer can help you determine whether you should have received overtime pay.

Some of the most common reasons an employee may not get overtime pay include an employer:

Misclassifying employees as independent contractors or professional employees
Denying rest breaks
Refusing meal breaks
Forcing employees to work off the clock
Claiming an employee is a manager and exempt from overtime pay

One of the most common misconceptions in California is that salaried employees are not able to collect overtime pay. This is incorrect. If you work more than 40 hours per week and eight hours per day, you could still collect overtime pay.

If you believe that your employer has violated California overtime law, you should take immediate action . You only have a limited amount of time to file a claim. The statute of limitations for claims alleging non-payment of overtime is three years from the date of non-payment.

Filing a Claim for Wage and Hour Violations

An experienced San Diego employment lawyer can help you file a claim against your employer to collect overtime pay that is rightfully yours. California labor laws allow employees to recover overtime wages, meal and rest period penalties and other penalties. Federal law allows employees to recover damages of two times the unpaid overtime wages.

The Private Attorney General Act of 2004 allows employees the right to collect fines for violations of state labor laws. Employees split these fines with the state.

In addition, California state laws allow employees to bring overtime and wage claims as a class-action lawsuit. These employees can collect extra compensation as a form of incentive pay.

Your San Diego employment lawyer can answer your questions and review all of your legal options with you and help you choose the legal path that is best for you.

Contact Our San Diego Employment Attorney Today

If you believe you believe that your employer is in violation of California’s overtime laws, it is important to retain the services of an experienced employment law firm . Our San Diego employment lawyer can help you seek justice if your employer denies you proper overtime pay.

With an office located in San Diego, The Gould Firm is here to help you when you need it. We offer free initial consultations so we can meet with you and help you learn about all of your legal options. Call us today at (619) 941-0667 or fill out our confidential contact form for more information.

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How to Handle Sexual Harassment at the Workplace

Wed, 17 Nov 2021 20:35:58 GMT

There is nothing more uncomfortable than being sexually harassed in the workplace. According to an estimation from the Equal Employment Opportunity Commission (EEOC) anywhere from twenty-five and eighty-five percent of women in the United States have faced sexual harassment at work — and up to seventy-five percent of those women have never confronted their harasser or reported the abuse.

If you are facing such a dilemma involving sexual harassment in the workplace, there are several important steps you need to take. These include:

1. Understand The Definition of Sexual Harassment

Sexual harassment is a form of discrimination that violates the Civil Rights Act of 1964. While the harassment does not have to involve sexual behavior, it can involve inappropriate jokes, comments, or the showing of explicit materials — such as pictures or video. Both men and women can be found guilty of sexual harassment in the workplace.

There are two major forms of sexual harassment: quid pro quo and a hostile work environment. Under quid pro quo, a boss has offered a raise, continued employment, or a special assignment to an employee only if they submit to sexual advances. A hostile work environment can include any sexual comments or conduct that interfere with performance or make the workplace intimidating, hostile, or offensive.

2. Recognizing the Signs of Work-From-Home Sexual Harassment

The COVID pandemic transformed our society in a number of ways. Many employers now have their employees working from home.

Sexual harassment can occur in any type of work environment. As millions of U.S. employees work from home, it is important to understand that sexual harassment can occur in the comfort of your living room. Our blog explains how sexual harassment can occur in a work-from-home environment and what you can do to protect yourself.

There are two types of sexual harassment. The first type leads to a hostile work environment, where the harassment is so pervasive that it makes work life seem unbearable. With the second type of sexual harassment, your supervisor may offer a promotion or threaten your job unless you perform sexual favors.

In a work-from-home environment, both types of harassment are likely to occur online or via telephone. Look for warning signs that include:

Inappropriate emails or text messages
Sexually suggestive phone calls
Suggestive comments made during video meetings

If your case qualifies as sexual harassment under California state law, then depending on the circumstances, you may have success filing a claim against your employer.

3. Reading Your Company’s Sexual Harassment Policy

The vast majority of companies have a detailed sexual harassment policy in their handbook. This will typically outline the steps you should take if you feel you are being harassed. Familiarize yourself with the handbook to ensure what you are experiencing lines up with the written rules.

If your situation is not outlined in the policy, but continues to make you uncomfortable or offended at work, the time has come to speak to a third-party expert — such as a sexual harassment lawyer . There are certain rights that are guaranteed in the workplace, no matter what the policy says.

4. Keeping a Detailed Journal

As you experience harassment, keep a detailed journal of dates and times. You may answer questions such as:

What, exactly, was said?
To whom was it said?
Where was it said?
Who else witnessed the incident?

Having this information can help solidify your claim and show your harasser that you mean business. It can also help establish the presence of a pattern.

5. Gathering Evidence

If you receive any offensive or sexually explicit emails, text messages, or messages on social media, keep this information safe. Do not edit screenshots or alter the information in any way. You should also speak to any coworkers whom you believe have also been harassed and document their experience. Pooling all of this information together will greatly aid in building a case.

6. Filing a Claim

If you have followed the steps outlined by your company’s policy and have yet to see any response, it may be time to file an official complaint with the EEOC. The organization will consider all circumstances and may force your company to change its policy or take immediate action. An experienced attorney can help you navigate this process.

7. Contact Experienced San Diego Sexual Harassment Lawyers

Are you facing sexual harassment in the workplace? You deserve professional defense and support. For assistance and representation, contact our team of experienced San Diego sexual harassment lawyers at The Gould Firm by calling (619) 941-0667 .

Our Sexual Harassment Attorney Explains Workplace Harassment Laws

Tue, 19 Oct 2021 20:37:56 GMT

Learn More About California Sexual Harassment Laws

Sexual harassment is a major issue in the United States, including here in California. Only three years ago, the #MeToo Movement shed light on how workers in our state and across the country suffer from sexual harassment in the workplace. Issues involving workplace sexual harassment continue to affect workers. However, it is important to understand that you need not suffer in silence . You have federal and state rights that protect you from sexual harassment. Below, our San Diego sexual harassment attorney discusses what to know about your potential legal options and rights.

What Is Sexual Harassment?

Workplace sexual harassment involves unwelcome sexual conduct directed at workers, interns or job applicants. There are two types of sexual harassment:

Quid pro quo: Quid pro quo is Latin for “something for something”. In the context of sexual harassment, it may occur when a worker or supervisor offers a colleague some type of benefit in exchange for sexual favors. For instance, a supervisor may offer a promotion in exchange for sexual favors. Quid pro quo sexual harassment may also involve threats. In this case, a supervisor may threaten an employee’s job if he or she does not perform or continue to perform sexual favors.
Hostile workplace sexual harassment: This type of sexual harassment may occur when sexual comments or actions are severe and pervasive enough to alter the conditions of a worker’s employment. For instance, the comments or actions may have an extremely negative effect on your job or the jobs of coworkers.

The types of sexual harassment listed above are not necessarily mutually exclusive. It is also important to remember that sexual harassment can have negative effects on the person or people targeted as well as other employees in the workplace.

Is Sexual Harassment a Form of Discrimination?

Yes. Sexual harassment is a form of sex discrimination. In fact, sexual harassment violates Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act.

How Do I Document Sexual Harassment?

You should speak with an attorney if you believe you are experiencing workplace harassment. An attorney can help you determine what to do next. However, there are some steps you could consider taking to document harassment.

Consider writing down the instances of harassment, such as what was said and who said it and when. Keep the log in a secure location and consider creating a digital copy. You could also keep copies of your performance reports or any other relevant communication between you and the person responsible for the harassment. Hard copies of this information may be useful later if you file a complaint or lawsuit against the employer.

How Do I Report Sexual Harassment?

You could review your employer’s sexual harassment policy (if it has one) to see what steps to take after experiencing harassment. In addition, you could write down each instance of harassment as well as your complaints to superiors. Having information in writing can help you at a later date should you choose to file a complaint against your employer. You would have more specific information about each instance of sexual harassment.

Below, we have more information about the steps involved with filing a formal harassment complaint against your employer. A federal or state agency may choose to investigate your harassment claim. You could work with an attorney during the process to avoid making any mistakes. He or she can explain how to file a sexual harassment complaint. However, you do not need an attorney to file a complaint with the Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing.

Can I Sue for Sexual Harassment?

You may be able to file a lawsuit for sexual harassment against your current or former employer to recover compensation for damages. This option is especially helpful if you are a victim of wrongful termination. Compensation from a sexual harassment lawsuit may include:

Back pay (wages, bonuses, pension benefits that you lost)
Pain and suffering damages
Damages caused by a loss of reputation
Front pay (future wage losses)

For many workers, it is not uncommon to suffer lost wages and benefits as well as damage to their reputations. Therefore, it is highly recommended that you speak with an attorney about your legal options for pursuing a claim. As a San Diego sexual harassment attorney, we always offer clients a chance to tell us their side so that we can give them more specific advice.

What Are Examples of Workplace Sexual Harassment?

Workplace sexual harassment can take many forms and may target a person based on his or her gender. Whether it qualifies as sexual harassment depends on the circumstances.

In some cases, sexual harassment involves unwanted physical contact. However, sexual harassment can also include digital communications and unwanted verbal comments. Examples of workplace sexual harassment may include:

Unwanted physical contact
Sexually explicit comments, jokes or slurs
Offering a promotion in exchange for sexual favors
Demoting a worker for failing to perform sexual favors

These are only a few examples of what can constitute sexual harassment in California. If you feel you are experiencing sexual harassment and have questions about whether your situation qualifies as sexual harassment under state or federal law, then you should speak with a California employment law attorney.

You should also speak with an attorney if you believe reporting sexual harassment led to wrongful termination .

Who Can Commit Workplace Sexual Harassment?

There are various parties that may be guilty of sexual harassment. Instigators of sexual harassment may include:

Supervisors
Coworkers
Third-parties (Vendors, clients, independent contractors or workers with another company)
Customers

Depending on the circumstances, you may have a claim against your employer if they failed to resolve sexual harassment from a third party.

How Can Workers Fight Workplace Sexual Harassment?

California’s Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964 hold employers responsible for engaging in or failing to correct instances of sexual harassment. The California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission may investigate sexual harassment complaints. You should file a complaint with the California Department of Fair Employment and Housing.

You do not necessarily have to be an employee to file a sexual harassment complaint. For instance, you may be able to file a claim against a potential employer or if you are providing services in a workplace setting under a contract or internship. An employment law attorney with experience handling sexual harassment claims can help you determine if you have a valid claim.

There is a statute of limitations for filing a sexual harassment complaint in California, so do not wait to speak with an attorney. If you wait too long, you may be unable to seek compensation. A recent state law extended the statute of limitations for California sexual harassment complaints.

The California Department of Fair Employment and Housing may conclude, after an investigation, that you can file a lawsuit against your employer. You may be able to recover compensation for damages through a lawsuit. This option is especially helpful if you are a victim of wrongful termination or demotion. Compensation from a sexual harassment lawsuit may include:

Back pay (wages, bonuses, pension benefits that you lost)
Pain and suffering damages
Damages caused by a loss of reputation
Front pay (future wage losses)

About Our Sexual Harassment Lawyer in San Diego

Evan Gould is a sexual harassment attorney in San Diego with extensive experience handling sexual harassment claims. As an experienced attorney, he also offers sexual harassment training for employers . You can read more about our experience with sexual harassment claims on our website.

The Gould Firm offers free consultations. It will not cost you money to contact us and speak with Evan about your situation. You can contact us by calling (619) 941-0667 or by using the contact form on our site . For future blog updates, we encourage you to like us on Facebook .

How Assembly Bill 9 Changes California Sexual Harassment Laws

Sun, 12 Sep 2021 20:42:27 GMT

Our Sexual Harassment Attorney Discusses the Changes

In 2019, California Governor Gavin Newsom signed a sexual harassment bill into law (Assembly Bill 9). Lawmakers designed this bill to strengthen California’s sexual harassment laws. The law was inspired by the #MeToo movement in 2018. Assembly Bill 9 gives victims of sexual harassment more time to file complaints. It also bans forced arbitration as a condition of employment.

According to the Los Angeles Times, Governor Newsom stated that “Everyone should have the ability to feel that pride in what they do, but for too many workers, they aren’t provided the dignity, respect, or safety they deserve.” He hoped that this law would change that for sexual harassment victims. Below, our San Diego sexual harassment attorney explains what sexual harassment is and what your legal rights are in the workplace.

What Is Sexual Harassment in California?

Sexual harassment in the workplace is a form of sex discrimination. It refers to a variety of unwanted behaviors. It is important to know that sexual harassment knows no gender. Both men and women are victims of sexual harassment, as well as perpetrators. Same-sex harassment is also illegal and more common than many people realize.

Sexual harassment behaviors can create a hostile working environment and can include:

Unwelcome sexual advances
Unwelcome touching or fondling
Asking for sexual favors
Repeated compliments of an employee’s appearance
Making crude or obscene remarks or gestures
Making sexual jokes
Sending sexually suggestive texts or emails
Spreading sexual rumors
Unwanted hugs or kissing

Sexual harassment violates both federal and state laws. At the federal level, Title VII of the Civil Rights Act of 1964 protects employees from sexual harassment. In the state of California, California’s Fair Employment and Housing Act protect workers. Assembly Bill 9, under existing state laws, will provide victims of sexual harassment more time to file complaints and ban forced arbitration as a condition of employment.

Assembly Bill 9 Extends Deadlines

Sexual harassment victims must file their complaints with the Department of Fair Employment and Housing (DFEH). Assembly Bill 9 then extends the window to file sexual harassment complaints from one year to three years. This extension applies to victims of workplace harassment and discrimination as well as civil-rights related retaliation.

California law is clear. Sexual harassment victims must first file their complaint with the DFEH before they can file a civil lawsuit. Under the old laws, victims only had one year from the date the sexual harassment occurred to file a lawsuit. However, Assembly Bill 9 extends that window to allow them time to weigh their legal options.

Assembly Bill 9 Bans Arbitration for Sexual Harassment in California

Furthermore, Assembly Bill 9 does not just extend the deadline for filing claims. Assembly Bill 9 also bans forced arbitration as a condition of employment. The law protects employees whose employers turn a blind eye to sexual harassment and discrimination in the workplace.

Before this law, employees needed to sign an arbitration agreement before their employment started. They signed this agreement before they endured any harassment or discrimination. So, unsurprisingly, when sexual harassment did occur, they had fewer legal options.

Why the Arbitration Ban Matters in Workplace Harassment

One problem with arbitration is that it limits the ability of an employee to file a lawsuit against their employer. Workers limited by arbitration agreements often face an uphill battle. As victims, they deserve justice. Yet, arbitration limited their legal options and made getting justice difficult.

Another problem with arbitration is that the results are always confidential. This then allows the perpetrator to continue to harass others in the workplace. It also reduces the transparency that is necessary to maintain a safe working environment.

Contact Our San Diego Sexual Harassment Attorney

If you believe that you have been harassed at work, then it is important to retain the services of an experienced law firm. The San Diego sexual harassment attorneys at the Gould Firm are here to help employees who have been sexually harassed. With an office located in San Diego, we are here to help you at a moment’s notice. We offer free initial consultations so we can meet with you and help you learn about your legal options under California sexual harassment laws. Call us today at (619) 941-0667 or fill out our confidential contact form for more information.

What Is Wrongful Termination in San Diego?

Thu, 05 Aug 2021 20:46:37 GMT

Wrongful Termination Lawyer in San Diego Explains Your Legal Options

Losing your job is never easy. It can bring up feelings of anger, inadequacy and despair. Even worse, it can cause serious financial strain for you and your family. While many people lose their jobs for valid reasons, there are certain situations when you may have legal grounds to challenge your dismissal. Wrongful termination in San Diego is difficult to prove, but it is not impossible. Speak with our San Diego wrongful termination lawyer about your situation.

What Is Wrongful Termination in California?

According to the California Labor Code , California is an “at-will” employment state. An employer in California may terminate an employee for almost any reason at any time.

At-will employment makes it difficult to prove wrongful termination. Yet, there are exceptions to this law. Federal and state laws offer workers certain protections.

In the state of California, there are many ways an employee can be wrongfully terminated . Some examples of wrongful termination in San Diego include termination based on:

Wrongful termination can also occur through retaliation of an employer . Examples of this may include:

Retaliation for filing a sexual harassment complaint
Retaliation for taking family or medical leave
Retaliation for filing a workers’ compensation claim
Reporting illegal or unethical conduct

In some cases, employees had an employment contract. In this situation, any termination would be a violation of that employment contract. Another exception occurs when an employer breached an implied employment contract. There may be room to file a wrongful termination claim even if you do not have a formal contract.

Steps to Take When You Lose Your Job in California

Evidence is important for proving wrongful termination. Having written copies of your company manual, employment application, employment contract (if applicable), and emails or text messages with supervisors can help.

Moreover, it is important to take the following steps to determine wrongful termination:

Document everything. Gather important documents such as:
Your employment application
Company manual
Your employment contract
Job description
Written records of the events
Emails and text messages
Employee testimony. If other employees have information about your work situation, their testimony may help your claim.
Review your employment contract. Review your contract carefully for employer limitations about termination.
Do not retaliate. Be civil and leave your employment safely. Do not retaliate by trying to get back at your employer. This will only harm your claim.
Contact a wrongful termination lawyer. An attorney will review your case and determine if you have cause to file a claim.

Overall, evidence is important for proving wrongful termination. Having written copies of your company manual, employment application, employment contract (if applicable), and emails or text messages with supervisors can help.

Can I Sue for Wrongful Termination?

Whether you can sue for wrongful termination depends on the circumstances. If your employer’s reason for terminating your position was against the law, and you suffered damages as a result, then you may be able to sue your employer for compensation. By filing a wrongful termination lawsuit against your employer, you may be able to recover compensation for damages:

Back pay
Pain and suffering
Lost benefits

Our wrongful termination attorney can help you determine if your employer broke the law when terminating your position.

Common examples of wrongful termination include firing someone based on their race, gender, age, sexual orientation, religious beliefs, national origin, veteran’s status or disability. Additional examples include violating an employment contract or retaliating against an employee for reporting a violation of local, state or federal law.

How Long Does a Wrongful Termination Case Take?

There is no way to know beforehand how long a case may take to resolve. Depending on the circumstances, it may be possible to use mediation or arbitration to resolve your case. These alternative dispute resolution options may be faster and less expensive than traditional litigation, but may not always be the best option.

It may be possible to seek a settlement agreement with your former employer. However, negotiating a settlement or potentially taking the case to trial can take time.

Do I Need a Lawyer for Wrongful Termination?

Due to wrongful termination being a sensitive legal matter, one where you may have suffered professionally and financially, it is advisable to work with an attorney. An attorney can help you compile and protect evidence. In addition, an attorney can help you negotiate a settlement or even take your case to trial.

Simply put, an experienced attorney can help provide the best chance for securing compensation that covers your damages. Additionally, it costs nothing to speak with an employment law attorney at our firm. We can help you determine whether you have legal options to recover compensation during a free consultation.

Contact Our Wrongful Termination Lawyer in San Diego

Do you believe you are the victim of wrongful termination? It is important to speak to a wrongful termination lawyer about your situation. Our wrongful termination lawyer in San Diego helps employees seek justice after losing their jobs.

At The Gould Firm , we offer free initial consultations. We can meet with you and help you learn about your legal options. Call our office today at (619) 941-0667 . You can also fill out our confidential contact form for more information.

How to Handle Disability Discrimination in the Workplace

Mon, 21 Jun 2021 20:55:30 GMT

Our San Diego Discrimination Lawyer Explains

Everyone deserves to work in an environment free from discrimination and harassment . To protect disabled workers, legislators enacted federal and state laws.

At the federal level, the Americans with Disabilities Act protects disabled employees . At the state level, the California Fair Employment and Housing Act further protects disabled California employees.

Yet, even with laws in place, disabled workers still face workplace discrimination. Sadly, when this occurs, they may believe there is little they can do to fight back.

Fortunately, there are ways to handle disability discrimination in the workplace .

Know Your Rights

The first step towards handling disability discrimination in the workplace is to know your rights. Explain your case and why you experienced disability discrimination. Your employer may want to do the right thing once they know what happened.

In some cases, your employer may not realize that they have committed disability discrimination. For example, the ADA requires employers to make reasonable accommodations for your disability. Your employer may not realize that a reasonable accommodation exists. By alerting them to your rights, you can protect yourself from further discrimination.

File an Internal Complaint

What can you do if you have asserted your rights and your employer has not acted? In this case, it is time to file a more formal complaint. Filing a formal complaint notifies others that disability discrimination has occurred. It also gives your employer a chance to correct the issue.

Be sure to file your internal complaint with human resources or higher management. This gives them legal notice of your disability discrimination claim.

If you need to file a future disability discrimination lawsuit, your complaint and your employer’s response will be important evidence. Their lack of response could also expose your employer to punitive damages.

File a Charge of Discrimination

What can you do if your employer fails to address your complaint? Your next step would be to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). In California, employees can also file a complaint with the California Department of Fair Employment and Housing (DFEH).

There are time limits for filing this claim. To preserve your claim in California, you must file with the DFEH within one year of the date of discrimination. To preserve your claim under federal law, you must file within 300 days.

Hire a San Diego Discrimination Lawyer

Once you have filed a formal charge of discrimination, the DFEH or the EEOC will process your charge. They will send you a letter giving you the right to file a disability discrimination lawsuit.

Once you receive this letter, contact a San Diego disability discrimination attorney immediately. Your attorney will be able to ensure that you do not miss any critical deadlines. With a lawyer on your side, your case will proceed efficiently and fairly through the courts.

No one should experience discrimination because of a disability. Unfortunately, disability in the workplace occurs frequently. Yet, proving that you are a victim of disability discrimination is not easy. That is why you need an experienced discrimination lawyer on your side from the start.

At The Gould Firm, our San Diego discrimination lawyers are here to help. We hold businesses accountable for discriminatory practices. To learn more, contact us at (619) 941-0667 or fill out our confidential contact form to schedule your free consultation.

What Is a Hostile Work Environment?

Sun, 18 Apr 2021 20:58:39 GMT

Our San Diego Employment Lawyer Explains

Workplace sexual harassment generally takes two forms. For some workers, a supervisor may offer a promotion or threaten to terminate a position unless sexual favors are performed. This scenario is an example of “quid pro quo” sexual harassment. In other cases, sexual harassment may be so pervasive and extreme that a workplace turns hostile. Hostile workplaces may also result from persistent sexual harassment or general workplace harassment. Both quid pro quo and hostile workplace sexual harassment are illegal.

Our San Diego employment lawyer can answer any questions you have about sexual harassment. Keep reading to learn more about what constitutes a hostile work environment in California.

What Constitutes a Hostile Work Environment?

You should speak with an employment law attorney if you believe your current or former employer created a hostile work environment. Whether your situation qualifies as a “hostile work environment” or hostile workplace depends on the circumstances. An attorney can tell you for sure.

A hostile work environment does not always involve sexual harassment. This type of harassment can target a person for their race, national origin or religious beliefs – just to name a few examples.

A work environment may qualify as a hostile workplace in instances where:

The harassment involves targeting a person because of a protected characteristic (race, gender, national origin, etc);
The harassment is pervasive or severe.

California law defines more than a dozen protected characteristics, including religion, race, national origin, sex, gender, age, gender identity, gender expression, disability status or veterans’ status.

What Are Examples of a Hostile Work Environment?

If you believe your employer is guilty of creating a hostile work environment, then you could speak with our San Diego employment law attorney at no cost. However, possible examples of a hostile work environment may include:

Frequent abusive comments or comments of a sexual nature;
Spreading persistent rumors about someone;
Frequent abusive text messages, emails or voicemails;
Racist or discriminatory behavior;
Frequent mocking or teasing.

Can I Sue for a Hostile Work Environment?

It depends on the circumstances. You should speak with a San Diego employment law attorney before beginning any step in the claims process, including filing a claim with the EEOC or California DFEH .

Sexual harassment and workplace discrimination are against the California Fair Employment and Housing Act (FEHA). You could file an employment law violation claim with the DFEH or the EEOC, and they may opt to investigate the merits of the claim. However, you can begin working with an attorney before you even begin the claims process. An attorney can help you compile and protect evidence that pertains to your claim. If necessary, an employment law attorney can file a lawsuit on your behalf.

During a free consultation, attorney Evan Gould can walk you through your possible legal options for holding your employer or former employer accountable. You can schedule a free consultation with us by dialing (619) 941-0667 or by using the contact form on our site .

Common Sexual Harassment Examples in the Workplace

Sun, 14 Mar 2021 21:06:14 GMT

Our Sexual Harassment Attorney Explains the Most Common Red Flags

Sexual harassment can occur in any type of workplace setting where there are more than two people working together. It can arise with coworkers or others with whom you may have regular interactions. There are two main types of sexual harassment; hostile work environment and quid pro quo. Quid pro quo is Latin for “something for something”, and this type of sexual harassment generally involves a superior who makes employment offers or threats, in exchange for sexual favors. On the other hand, even without promises or threats, sexual harassment may be severe and pervasive enough to create a hostile workplace. Fortunately, both types of sexual harassment are illegal under state and federal laws.

Examples of Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment can involve offering employment benefits in exchange for sexual favors. However, it may also involve a supervisor who uses his or her position to threaten an employee’s job for refusing sexual advances. Possible examples of quid pro quo sexual harassment include:

Offering a raise, promotion, favorable shifts, or paid time off in exchange for sex;
Threatening a person’s job for refusing sexual advances;

You should contact our San Diego sexual harassment attorney if you believe you were the victim of quid pro quo harassment. We may be able to help you file a claim or lawsuit against your current or former employer. Contact us at (619) 941-0667 to schedule a free consultation.

Examples of Hostile Workplace Sexual Harassment

Hostile workplace sexual harassment can involve many different parties, not just a supervisor or authority figure. One or more people may be affected by a hostile workplace that arose from sexual harassment.

Co-workers, supervisors, clients, customers and contractors can also be guilty of creating a hostile workplace. Possible examples of hostile workplace sexual harassment include:

Leering
Sexual comments or nicknames
Unwanted emails, text messages or social media interactions
Unwanted touching
Spreading rumors of a sexual nature that targets a person or group of people
Stalking

Sexual harassment often involves a combination of the unwanted actions above. Our San Diego sexual harassment attorney can review your situation at no cost. Employment attorney Evan Gould can help you determine whether it would be possible to take legal action against your employer.

What Should I Do if I Am Sexually Harassed?

We strongly encourage you to speak with an employment law attorney before beginning any steps in the sexual harassment claims process . An attorney can help you protect evidence and uncover new evidence. Additionally, your attorney can offer assistance if your employer retaliates after filing a sexual harassment claim .

The Equal Employment Opportunity Commission (EEOC) and California Department of Fair Employment and Housing are the two agencies responsible for investigating sexual harassment claims in California. An attorney can help file claims with these agencies if necessary, reaching a resolution with the employer or harasser, or may be able to file a lawsuit to recover damages for all losses suffered as a result of such conduct.

If you believe you are being sexually harassed at work, there are certain steps you can take to protect yourself. First, it is important to document in writing the instances of sexual harassment, such as the time it occurred, what was said and who was responsible. Take note of any witnesses present when these events occurred. You may also be able to safely keep digital copies of emails, text messages or other digital communications. Sending yourself copies to your personal email or obtaining screenshots may prevent such evidence from being lost or destroyed by the wrongdoer or the employer. The more evidence you have of wrongdoing, the better.

Contact Us With Questions About Labor Laws in California

Facing sexual harassment in the workplace? We can answer any questions you may have about how labor laws in California apply to your situation. You can schedule a free consultation with our San Diego employment lawyer by dialing (619) 941-0667 or by using the contact form on our site .

Retaliation and Reporting Workplace Harassment

Tue, 02 Feb 2021 21:08:36 GMT

Our Wrongful Termination Lawyer Discusses Retaliation in the Workplace

Workplace harassment can make it impossible to enjoy your job. In some cases, harassment is so prevalent and severe that your workplace turns hostile. Working in a hostile workplace can damage your reputation as well as your mental health. Fortunately, state and federal laws require employers to resolve instances of workplace harassment.

Workers can also report their employers for harassment for failing to resolve a hostile workplace. Employers cannot retaliate against workers who report legitimate instances of harassment without running afoul of the law. If an employer fires an employee under such circumstances, then it may qualify as retaliation and wrongful termination .

What Is Retaliation?

Retaliation occurs when an employer takes negative employment action against an employee who is engaging in a legally protected activity. Examples of legally protected activities may include whistleblowing , which is where an employee reports an employer’s misconduct, incompetence or illegal behavior.

Since harassment can fall under illegal behavior, employers cannot pursue negative employment actions against employees reporting harassment.

Can I Sue for Retaliation?

If you suffered damages as a result of employer retaliation, then you may be able to pursue monetary compensation against your current or former employer. You should speak with our San Diego employment attorney to learn more about your potential options for filing a lawsuit. The Gould Firm offers free consultations.

How much you can recover from a retaliation lawsuit depends on the circumstances. Each case is different. You may be able to recover compensation for damages that include:

Lost benefits
Loss of future earnings
Backpay
Pain and suffering

What Are Some Examples of Retaliation?

Retaliation may occur during a number of scenarios. Common examples include:

Salary reduction. Reducing someone’s salary or demoting them from a higher position may be an example of retaliation.
Job termination. Firing an employee is one of the most common examples of workplace retaliation.
Job or shift reassignment. Some employers may try to commit retaliation “under the radar” by moving an employee into a difficult or less attractive position. In other cases, an employer may move an employee’s job location. The true purpose behind each action may be to convince an employee to quit.
General disciplinary actions. Under the right circumstances, regular disciplinary actions may also count as retaliation against an employee. For instance, subjecting someone to increased supervision or negative performance reviews may be retaliation if those actions resulted from a legally protected activity.

For example, it may be retaliation if you report your employer for repeated instances of quid pro quo sexual harassment , your employer finds out, and then fires you the next day.

Whether action can be legally considered retaliation depends on the circumstances. We encourage you to contact our retaliation attorney to discuss your situation.

How to Prove Retaliation in the Workplace

Evidence of retaliation can help strengthen the merits of an eventual lawsuit. Ultimately, you need to prove that you were engaging in a legally protected activity and your employer took negative action against you as a result.

Types of evidence that may factor into a retaliation case include:

Employment contracts
Text messages
Emails
Social media posts
Voicemails
Witness testimony

You should consider working with an attorney early on if your employer fails to resolve workplace harassment. An employment law attorney can help you compile and protect evidence that may be useful during a lawsuit. In addition, an attorney may be able to protect you from additional instances of retaliation.

Contact Our Wrongful Termination Lawyer for a Free Consultation

Retaliation can lead to job termination and harm to your professional reputation. However, you may have options to hold your former employer accountable for your damages.

Schedule a free consultation with our wrongful termination lawyer by dialing (619) 941-0667 or using the contact form on our site .

Could Coronavirus Lead to an Increase in Workplace Discrimination?

Sun, 10 May 2020 21:13:38 GMT

As coronavirus continues to spread across the country, employers face increasingly difficult decisions. Some shuttered their stores. Others allowed their employees to work from home. Some businesses remain open because they provide essential services and goods.

During this time, employees face unprecedented disruptions to their normal work routine. There is no doubt that coronavirus brings unique challenges and issues to the workplace. As such, employees need to be wary of an increased chance of experiencing workplace discrimination. In particular, irrational xenophobic fears could harm employees during this crisis.

Workplace Discrimination During the Coronavirus Pandemic

During the coronavirus pandemic, employees should watch for signs of workplace discrimination. As the workplace environment shifts, many employees may become targets of discrimination . Most notably, an increase in xenophobia may occur. Xenophobia is a fear and hatred of foreigners. Since the first case of the virus appeared in China, Asian employees have suffered. Many have already reported attacks from coworkers and discrimination from employers.

Employees and employers have a cause for concern. In 2009, a strain of H1N1 flu caused a pandemic. It first appeared in Mexico. During that time, Hispanic employees experienced an increase in workplace discrimination.

As you can imagine, some employees may find that they are at a higher risk of suffering discrimination. As such, employers need to remain vigilant and protect their workers. Even when working from home, employees can still suffer from discrimination and harassment. They may find themselves excluded from group meetings or harassed on video conferences. They may receive hateful or xenophobic emails or text messages. Worst of all, they may even find themselves out of work because of their race or ethnic background.

Were You a Victim of Workplace Discrimination or Harassment?

Were you sent home to work simply because of your race or ethnicity? Have you received hateful or xenophobic messages from coworkers? Were you excluded from job-related tasks or opportunities because of your race or ethnicity? Did you lose your job because of your ethnicity?

If you suffered discrimination during the pandemic, then you need a law firm on your side. Your employer has a duty to protect your employment rights, even during a global pandemic. It is against the law for anyone to discriminate against any employee because of their race, color or ethnicity. Federal and California state employment laws protect workers from this type of discrimination. Employers who practice discrimination are liable for the harm they cause.

Contact Our Workplace Discrimination Attorney in San Diego, CA

The coronavirus pandemic could lead to an increase in workplace discrimination. During this time, it is important to protect your federal and California employment rights. Attorney Evan A. Gould can meet with you remotely to discuss your concerns and guide you through the legal process.

Call The Gould Firm today at (619) 941-0667 or fill out our confidential contact form for more information. We offer many of our services on a contingency basis. That means that you do not spend any money out-of-pocket unless we can win your case or reach a settlement.

Coronavirus and California Paid Sick Leave Laws

Thu, 09 Apr 2020 21:17:32 GMT

The Novel Coronavirus, or COVID-19 , is highly contagious. Symptoms can range from mild to severe or even deadly. That is why global quarantines have gone into effect to slow the spread of transmission. If you contract the virus, then it is imperative that you stay home to protect more vulnerable individuals. However, missing work to self-isolate may put many employees in a financial bind. Fortunately, if you are a worker facing the coronavirus in California, you might be eligible for paid sick leave.

Coronavirus in California: Current Statistics

As of March 22nd, the California Department of Public Health (CDPH) has confirmed 1,468 cases of COVID-19 within the state . Of those people affected, 27 have died as a result of the virus. The majority of coronavirus cases affect those between the ages of 18-64. With 369 confirmed cases, those aged 65+ are the next largest group. Children and teens, age 0-17, make up the least amount of positive cases. However, the elderly and those with underlying health conditions face the most risk after transmission. For this reason, the CDPH recommends social distancing as much as possible to limit the spread of the virus.

Who Qualifies for Paid Sick Leave in California?

The Healthy Workplaces, Healthy Families Act of 2014 outlines California employee rights for paid sick leave. Under this law, employees who work a minimum of 30 days in a year can take one hour of paid leave per 30 days worked. However, a person must remain employed for 90 days before the law will cover them. This means that new employees must reach the 90 day threshold before they will qualify for paid sick leave. Further, the law states that employees must remain at the same employer for 30 days within a year to qualify. The law also allows employers to cap paid sick leave to 24 hours, or 3 sick days, total.

With the Novel Coronavirus in California, this state law may not be enough to handle the demands of the pandemic. Health care officials are urging those who contract COVID-19 to self-quarantine for 14 days. With only three of those days paid, even workers who qualify for paid time off may end up returning to work while still being contagious. At the same time, employees who have already used many, if not all, of their paid sick leave risk returning to work before they should as well. Further, this state law does not cover independent contractors and gig-economy workers who must log working hours to receive pay.

How Will Emergency Federal Laws Affect Employees Who Are Dealing With Coronavirus in California?

Given the nature of the coronavirus pandemic, paid sick leave is facing scrutiny at the federal level. For example, on March 19th, the Families First Coronavirus Response Act passed into law and will take effect in early April. This act will provide two sources of paid leave to employees in the U.S.

Emergency Paid Sick Leave Act (EPSLA) Under this act, employers with less than 500 employees must give employees paid time off for a specific set of reasons related to COVID-19 . The amount of paid leave a full-time employee can take is 80 hours. Part-time employees can take paid leave for the average number of hours worked over a two-week period.
Emergency Family and Medical Leave Expansion Act (EFMLEA) Under this act , employers with less than 500 employees must provide paid time off to employees who need to care for a minor due to COVID-19 emergency closures. This can include the closing of a school or child care facility. While the duration of this time off is 12 weeks maximum, the first 10 days may be unpaid.

Questions About Paid Time Off? Contact a San Diego Employment Lawyer to Learn More

With the coronavirus spreading in California, many employees within the state face uncertainties. Our firm aims to help clients navigate these uncertainties in regard to employment law . To learn more about paid time off in California, contact our offices today. You can reach us by phone at (619) 941-0667 or by leaving us a message online .

Coronavirus (COVID-19): Support Services for California Workers

Sun, 15 Mar 2020 21:22:22 GMT

The Coronavirus (COVID-19) has put the entire state of California on high alert. Both state and local governments are placing restrictions on social activities and encouraging people to self isolate. However, many California employees have questions about working during a pandemic and are struggling to find concrete answers. Since this is a new situation, many employers are unsure of what to do and do not have information that is readily available to their employees. Fortunately, our San Diego labor and employment attorney has compiled a list of support services for workers that are impacted by the Coronavirus. Please review the following resources, and stay safe during this difficult time.

Support Services for California Workers

Summary Chart: Benefit for Workers Impacted by COVID-19: https://www.labor.ca.gov/coronavirus2019/#chart
Coronavirus Disease (COVID-19): FAQs on laws enforced by the California Labor Commissioner’s Office: https://www.dir.ca.gov/dlse/2019-Novel-Coronavirus.htm
Paid Sick Leave: https://www.dir.ca.gov/dlse/2019-Novel-Coronavirus.htm
Information on Disability Insurance (DI), Paid Family Leave (PFL) and Unemployment Insurance (UI): https://edd.ca.gov/about_edd/coronavirus-2019.htm
Support Services for those who are Sick or Quarantined, Caregiving or Dealing with Reduced Work Hours: https://www.edd.ca.gov/about_edd/coronavirus-2019.htm

Have Additional Questions? Contact Our San Diego Labor and Employment Attorney Today

While the impact of the Coronavirus has been large, this does not mean that California workers must forgo their employment rights. Unfortunately, many employers will make mistakes when handling this unprecedented situation. Therefore, if your employment rights have been violated due to the Coronavirus, then you need legal assistance immediately. Our San Diego labor and employment attorney can help you navigate the legal system during this difficult time. For a free consultation, contact us today at (619) 941-0667 or send us a message online . We promise to respond promptly and look forward to addressing all of your employment law concerns. Additionally, we can conduct consultations over the phone or via videoconferencing for those who are self-isolating during this pandemic.

New California Equal Opportunity Employment Laws for 2020

Thu, 27 Feb 2020 21:25:27 GMT

New California equal opportunity employment laws went into effect on January 1, 2020. These laws aim to alleviate economic inequality and improve job quality for workers. California Labor Secretary Julie Su suggests that employers begin to rethink their business models. Complying with the new labor protections should make for a more holistic and humane work life for Californians.

New California Equal Opportunity Employment Laws

Below, our San Diego employment attorney outlines these new protections.

AB 9: Stop Harassment and Reporting Extension (SHARE)

Assembly Bill 9 extends the statute of limitations for filing certain types of complaints. These types of complaints include:

Harassment
Discrimination
Retaliation

Previously, the statute of limitations was one year. Now, AB 9 extends the statute of limitations to 3 years.

SB 778: Sexual Harassment Training

This Senate bill extends the deadline for employers to provide employees with sexual harassment training. Employers with more than five employees must provide this training by January 1, 2021. This law requires two hours of training for supervisory employees and one hour of training for non-supervisory employees.

AB 749: A Ban on “No-Rehire” Practices

AB 749 involves settlement agreements. Prior to AB 749 , it was a common practice for settlement agreements to include a “no-rehire” provision. This would often lead to the adverse effect of punishing a victim and protecting an abuser. AB 749 seeks to remedy this potential consequence by banning the provision from settlement agreements.

SB 142: Employee Lactation Accommodations

Senate Bill 142 expands accommodations required for new mothers in the workplace. Before, law required that employers provide a room other than a bathroom for employees. Now, this space requires the room to be:

Shielded from view
Safe from intrusion while in use
Safe, clean and free of hazardous materials for users
Equipped with a surface for placing breast pumps and personal items
Equipped with a sitting area
Equipped with access to electricity, running water and a refrigerator
Primarily for lactation

This bill also requires that employees get a break whenever there is a need to express milk. Further, violations to the above provisions results in a $100 fine for the employer.

SB 188: Create a Respectful and Open Workplace for Natural Hair (CROWN)

CROWN prohibits employers from discriminatory practices on the basis of natural hair and hairstyles. Currently, FEHA prohibits discrimination based on race. However, African Americans are susceptible to discriminatory practices based on hair type and hairstyles that are historically tied to race.

SB 188 seeks to help this issue by protecting racially-coded hairstyles. These hairstyles include, but are not limited to:

Afros
Twists
Braids
Locks
Natural hair textures

AB 1223: Organ Donor Leave of Absence

Previous law required employers with 15 or more employees to provide 30 days of paid leave for organ donation purposes. AB 1223 mandates that private employers provide an additional 30 business days of unpaid leave for organ donation.

Have You Been Discriminated Against at Work? Contact Our Trusted San Diego Employment Attorney

The 2020 California equal opportunity employment laws outline new protections for workers. Hopefully, these protections will lead to better work life for California’s workforce. However, if you have experienced a legal violation at work , you may need to pursue the issue further.

Our San Diego employment attorney can help you determine your legal options when navigating employment law. To learn more about our services, give us a call at (619) 941-0667 or send us a message online .

What Are Employer Responsibilities for Workplace Sexual Harassment?

Mon, 20 Jan 2020 21:28:49 GMT

Our San Diego Sexual Harassment Attorney Answers Your Questions

California employers have certain responsibilities when it comes to preventing and or responding to complaints of workplace sexual harassment . The employer’s responsibilities vary depending on the number of employees at a company, and whether the harassing employees are managers, supervisors or non-supervisor level employees.

When employers violate California sexual harassment laws, they may be liable for damages. Continue reading to learn more about employer responsibilities for sexual harassment in California workplaces.

Do California Employers Need Sexual Harassment Training?

California law requires employers with five or more employees to take all reasonable steps, to prevent discrimination and harassment from occurring. As part of that obligation, employers are required to provide sexual harassment and abusive conduct prevention training . These training programs must meet certain standards and must cover specific laws and subjects. Employers must provide one hour of training to non-supervisory employees and two hours to supervisors by January 1, 2021. In addition, employers must provide this training to employees once every two years. New employees must receive training within six months. Training was initially required to be completed by January 1, 2020, but the deadline was extended by one year.

In addition to compliant training, employers are also required to distribute the Department of Fair Employment and Housing’s DFEH-185 brochure on sexual harassment, or an alternative writing that complies with Government Code section 12950. Such writings must meet certain legal requirements. Attorney Evan A. Gould can assist employers in meeting their obligations under the law.

San Diego sexual harassment and Employment attorney Evan A. Gould can help employers meet their training and policy requirements under California law. For more information on our sexual harassment training services , please visit our website or call us at (619) 941-0667 .

Do Employers Have to Address Sexual Harassment?

California employers cannot ignore sexual harassment without being in violation of state law. If an employee reports sexual harassment , the employer has a legal obligation to address the issue. Failure to do so could make the employer liable for damages.

Under the California Fair Employment and Housing Act (FEHA), employers are strictly liable for harassment carried out by supervisors.

Employers may be guilty of negligence for failing to address sexual harassment by non-supervisory employees and non-employees. This means that an employer can be liable if a client or customer sexually harasses an employee and fails to investigate or take corrective action.

Can Employers Fire Employees for Reporting Sexual Harassment?

Employers cannot fire employees who report sexual harassment, as it would be retaliation . An employee who loses his or her job, suffers a demotion or other forms of “adverse employment action” for reporting harassment may be entitled to compensation from their employer. It may be possible for the employee to file a wrongful termination lawsuit against the employer.

California is an at-will state , meaning an employer can terminate an employee’s position without notice. However, employers cannot terminate an employee’s position for reporting a violation of local, state or federal law. In addition, employers cannot terminate an employee due to an employee’s protected status, such as gender , race , sexual orientation or gender identity.

How Long Does an Employee Have to File a Sexual Harassment Claim?

A recent change to California state law gives employees more time to file a sexual harassment claim against a negligent employer. Assembly Bill 9, also known as the Stop Harassment and Reporting Extension Act (SHARE), extends the statute of limitations for filing a claim to three years.

Certain claims are initiated with a complaint to the California Department of Fair Employment and Housing (DFEH) or, the EEOC. After filing a complaint, the DFEH and or EEOC may choose to investigate your claim. However, you may also be able to request a right to sue letter and proceed directly with a lawsuit. It is important to consult an experienced employment law attorney before making decisions and before complaints are filed to make sure your rights are fully asserted and protected.

Contact Our San Diego Sexual Harassment Attorney for More Information

You may contact The Gould Firm for more information on sexual harassment laws in California. If you want to inquire about sexual harassment training, then we encourage you to contact us for a consultation.

You can schedule a consultation with San Diego sexual harassment attorney Evan Gould by dialing (619) 941-0667 or using a secure contact form .

Police Dept. Failed to Submit Rape Kits

Wed, 11 Sep 2019 21:32:05 GMT

A Chicago woman has filed a lawsuit against the city of Harvey, Ill., and the former chief of police for allegedly failing to submit her rape kit to state officials for testing after a 2007 sexual assault. The suit says the department failed to report hundreds of rape kits, denying the victims their constitutional due process rights. The lawsuit is seeking unspecified damages. Dawn Rhodes, Chicago Tribune 03/22/2012

Student Kicked Off Student Council Files Lawsuit

A senior at Alpharetta High School in Georgia has filed a lawsuit against school administrators after he was removed as student body president for suggesting the school make prom “more inclusive to gay students.” The plaintiff said he proposed modifying the “prom king and queen” tradition to make it more accepting to gay students and was quickly removed from his position for seeking changes to school policies. School officials said the student was removed “because he failed to complete his responsibilities according to set bylaws, nothing more.” Maureen Downey, Atlanta Journal-Constitution 03/23/2012

LABOR/EMPLOYMENT

Settlement Reached in Job Denial Lawsuit

Global food supplier Olam Americas will pay $140,000 to a female job applicant who says she had a job offer rescinded after the company learned she was pregnant. The woman claimed Olam violated federal employment discrimination laws by revoking her job offer. As part of the settlement, the company has agreed to conduct specialized training on handling discrimination complaints. Robert Rodriguez, The Fresno Bee 03/15/2012

FedEx has agreed to pay $3 million to settle a lawsuit over allegations of discrimination against job seekers at FedEx Ground delivery facilities. The suit claimed that evidence showed the company discriminated on the bases of “sex, race and national origin” in its hiring process against more than 21,000 applicants. As part of the settlement, FedEx will extend job offers to 1,700 applicants previously rejected. Steven Greenhouse, The New York Times 03/21/2012

PRODUCT

Power Mattress Bases Recalled

The Consumer Product Safety Commission has announced a recall of more than 25,000 mattress bases and foundations due to increased fire hazard. The motor-powered bases and foundations, manufactured by Leggett & Platt, have motor control boards that can short circuit and overheat. There have been 29 reports of the motors overheating, but no injuries occurred. Staff Report, PR Newswire 03/22/2012

PERSONAL INJURY

Woman Who Fell from Dorm Balcony Files Suit

A former student at Savanna College of Art and Design in Georgia has filed a lawsuit against the school after falling from her sixth-story doorm room balcony. According to the lawsuit, the student was leaning against the railing on her balcony when it suddenly broke, sending her falling to the ground. She has undergone 21 surgeries to her legs, face and chest since the accident, and can no longer run or jump. The plaintiff is seeking unspecified damages. JOEL LANDAU, Press of Atlantic City 03/23/2012

WRONGFUL DEATH

$2 Million Awarded in Wreck Caused by Police Officer

A Georgia jury has awarded $2 million to a the widow of a local man who was hit and killed by a Gwinnett County Police Officer who was responding to a backup call in 2006. According to the lawsuit, the police officer was “traveling between 78 and 80 mph with no emergency flashing lights or sirens” when he slammed into the car driven by the victim. Attorneys for the defendants say they will appeal the ruling. Andria Simmons , Atlanta Journal-Constitution 03/22/2012

Graco Recalls Classic Wood Highchairs Due to Fall Hazard

Wed, 31 Oct 2012 21:40:28 GMT

This Graco recall involves approximately 86,000 units in the United States and 3,400 in Canada sold at Babies R Us, Burlington Coat Factory and other retail stores nationwide and at Target.com and Walmart.com and other online retailers between September 2007 and December 2010 for about $130.

Graco’s high chair’s seat can loosen or detach from the base, posing a fall hazard to the child.

Consumers can contact Graco at (800) 345-4109, 8 a.m. to 5 p.m. ET Monday through Friday, or www.gracobaby.com for more information. Consumers should immediately stop using the recalled high chairs and contact Graco for a free repair kit. Photos of this product are available at http://www.cpsc.gov/cpscpub/prerel/prhtml13/13006.html.

This recall involves all Graco brand Classic Wood Highchairs sold in three wood finishes. The high chair has a top seat, bottom leg assembly and removable tray. The high chair is sold with a beige fabric seat cover. Model number 3C00BPN, 3C00BPN TC, 3C00CHY, 3C00CHY TC, 3C00CPO or 3C00CPO TC is printed on a label on the underside of the seat assembly.

Graco has received 58 reports of the high chairs’ seats loosening or detaching from the base. There have been nine reports of children falling as the seat detached from the base, resulting in reports of bumps, bruises and scratches. Graco has received one report of a concussion in Canada.

The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this Graco recall or involves a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov.

Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.

If you have been injured by this product please call THE GOULD FIRM today at (619) 941-0667 .

Pfizer to Pay $164 Million in Investor Lawsuit Over Celebrex

Pfizer Inc has agreed to pay $164 million to settle a shareholder class action accusing the drug maker of misrepresenting the clinical trial results for Celebrex. The settlement was disclosed in court papers recently filed in U.S. District Court in New Jersey. The accord came about two weeks before the company was to go to trial over allegations that it misled investors by distorting the results of a study of the arthritis drug.

Christopher Loder, a spokesman for Pfizer, in a statement Tuesday confirmed Pfizer had reached a settlement. Pfizer continues to deny wrongdoing, he said. Patrick Coughlin, a lawyer for the plaintiffs, did not respond to a request for comment.

Pfizer acquired Pharmacia Corporation, which manufactured Celebrex, in 2002. Celebrex is Pfizer’s fifth biggest-selling medicine, with annual sales of about $2.5 billion.

In 2003, shareholders sued Pfizer and certain former officers of Pharmacia for alleged violations of federal securities laws. These lawsuits alleged that the defendants from 2000 to 2001 misrepresented the clinical trial results of Celebrex to make its safety profile appear better than rival drugs.

In 2007, U.S. District Judge Anne Thompson certified the investor class in the lawsuit. But she subsequently that year granted a motion by Pfizer to dismiss the case.

The 3rd U.S. Circuit Court of Appeals reinstated the case in 2009. The U.S. Supreme Court denied Pfizer’s petition to review that ruling in May 2010. Pfizer sought again to have the case dismissed in January, but Thompson denied the motion in May. A trial was scheduled for October 22.

Lawyers for the plaintiffs are applying for a contingency fee of 27.5 percent of the settlement, or $45.1 million. The case is Alaska Electrical Pension Fund, et al. V. Pharmacia Corporation, et al., U.S. District Court for the District of New Jersey, 03-cv-01519

Family Sues Energy Drink Maker Over Girl’s Death

The parents of a 14-year-old Hagerstown girl who died in December are suing an energy drink company in a California court, alleging that caffeine in the beverages contributed to her death, according to court records. A complaint filed Friday by Wendy Crossland and Richard Fournier states that their daughter, Anais Fournier, went into cardiac arrest after drinking two 24-ounce Monster Beverage Corp. drinks within a 24-hour period. Monster is based in Riverside County, Calif., where the case was filed.

Fournier was “unconscious when emergency personnel arrived at her home,” the complaint said. At Johns Hopkins Hospital, doctors induced a coma in an attempt to reduce brain swelling. After several days, “the decision was made to terminate life support,” it said.

The opinion of the Maryland medical examiner’s office is that Fournier died of cardiac arrhythmia due to caffeine toxicity that impeded her heart’s ability to pump blood. The autopsy report also concluded that Fournier suffered from Ehlers-Danlos syndrome — an inherited disorder that can make connective tissues, like skin and blood vessel walls, flexible and weak, according to the Mayo Clinic.

“Monster does not believe that its beverages are in any way responsible for the death of Ms. Fournier,” Evan Pondel, a spokesman for the company, said in a statement. “Monster is unaware of any fatality anywhere that has been caused by its drinks. The Fournier family has chosen to file a lawsuit, which Monster intends to vigorously defend and, in light of such pending litigation, Monster’s policy is to not comment further.”

In addition to wrongful death, Fournier’s parents are contending that Monster failed to warn of their beverage’s potential dangers, that the drinks are “unreasonably dangerous and defective,” and that Monster was negligent in the design, manufacture and sale of the drinks.

Tricam Industries Recalls Easy Reach Step Stools Due to Fall Hazard; Sold exclusively at The Home Depot

The recalled products are 84,000 Easy Reach by Gorilla Ladders 3-Step Pro Series step stools, model number HB3-PRO. The step stools have three plastic steps, a steel tubular frame and a plastic-molded tool holder. The model number is located on the underside of the middle step on a blue label. The label also states that the step stools are rated to support 225 lbs. Recalled step stools have a “J” stamped into the underside of the top step and/or the underside of the tool holder. Reports indicate that the top step/standing platform can break, posing a fall hazard to consumers.

Customers should immediately stop using the recalled step stools and contact Tricam Industries for a full refund toll-free (855) 336-0360, 8 a.m. to 5 p.m. CT Monday through Friday, or

www.gorillaladders.net, then click on Recall for more information.

Tricam has received five reports of the standing platform breaking, one of which included a report of scrapes and abrasions to a consumer. These were Sold Exclusively at The Home Depot from April 2012 through August 2012 for about $27.

The ladders were Imported by Tricam Industries Inc., of Eden Prairie, Minn. and made in China. Photos are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml13/13020.html?tab=recalls

Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.

Nissan Motor Co Recalling Top-Selling Altima

Nissan Motor Co is recalling 13,919 of its top-selling Altima sedans in the United States because bolts that may not have been tightened properly during production could fall off, increasing the risk of a crash, according to U.S. safety regulators.

The Altima sedans are from the 2012 and 2013 model years and were made at the Nissan plant in Canton, Mississippi, from May 10 to July 26, Nissan North America told the National Highway Traffic Safety Administration.

“Some of the subject vehicles may have been manufactured with four transverse link bolts and two power steering rack bolts that were not torqued to the proper specification,” Nissan told regulators in a letter NHTSA showed on its website.

As a result, the bolts may shake loose during driving, the letter states, and drivers may notice a rattling noise. Nissan said there have been crashes or injuries as a result of this issue.

Through September, 27 percent of the vehicles Nissan sold in the U.S. market were Altima sedans. Altima sales through September were up 17 percent from last year, at 234,040.

Altima owners will be asked to bring their cars to Nissan dealerships, where the bolts will be torqued to the proper specification, NHTSA said. The cars are under warranty protection.

“Based on engineering judgment, it was determined that if a loose bolt falls out completely, the driver may experience difficulty in controlling the direction of the vehicle,” Nissan told NHTSA.

Nissan said that on July 26, the last day the vehicles involved in the recall were produced with the potential problem at the Canton plant, workers noticed the issue during a routine test.

On September 21, Nissan confirmed that some of the subject vehicles were at its dealers. On October 3, it decided a safety defect existed and a recall would be conducted.

Owners will begin to be notified on October 29, Nissan told NHTSA.

Negligence

Wrongful Death Suit Over Wrong-Way Santa Cruz Crash

A Northern California man faces murder charges and a wrongful death claim by family of victim.

The surviving children of Ana Barajas, the 48-year-old medical technician killed last year in a wrong-way crash on Highway 17, have filed a wrongful death suit over their mother’s death.

Filed in July, the suit names driver Eric Rsel Weers, his father, and the Santa Cruz Community Counseling Center where Weers was a resident at the time of the July 11, 2011 accident. It also claims Weers, who was under treatment for schizoaffective disorder, was using illegal drugs and impaired at the time Barajas was killed. Weers also faces murder charges over the crash, with prosecutors alleging he deliberately drove the wrong way onto the highway. He has pleaded not guilty by reason of insanity.

Weers was recently in court, a hearing attended by members of the Barajas family. A prosecutor said a long-delayed court-ordered psychiatric report by Dr. James Missett has been completed but it has not yet been sent to the attorneys. Judge Paul Burdick ordered the report be delivered by Friday.

Weers has a history of mental illness and was living in subsidized housing for psychiatric patients in Santa Cruz at the time of the crash. His attorneys previously said Weers was prescribed five psychiatric medications in 2010 but hadn’t taken them for several days before the crash.

Calling the Community Counseling Center’s actions negligent, the suit claims staff there failed to exercise ordinary standards of care. The suit further says staff knew, or should have known, that Weers was a reckless driver who disobeyed traffic laws, and that he was likely to injure someone while driving.

The suit also names Weers’ father, Robert Weers, who owned the 2001 Acura MDX Weers was driving at the time of the crash.

Robert Weers filed a cross-complaint with the county on Aug. 5. His attorney, Arthur Casey, said Friday that claim would be dismissed, and declined to address the allegations further.

“With the pending litigation, it wouldn’t be appropriate to comment,” Casey said.

The suit was filed by Barajas’ four children, one of whom is a minor. The Community Counseling Center did not return a call seeking comment.

Suit Over Woman Who Froze to Death Settled

Sat, 30 Jun 2012 21:48:02 GMT

A settlement has been reached in a lawsuit over a woman who froze to death in Connecticut in 2009. The lawsuit named a local bar and Democratic Rep. James O’Rourke; on the night of the incident, O’Rourke drove the woman home from the bar, dropping her off about a half-mile from her home on Jan. 21, believing it to be where she lived. No criminal charges have been filed, and the terms of the settlement were undisclosed. Read Article: The Hartford Courant

Man’s Appearance in ‘Gang Book’ Prompts Suit

A Chicago man filed a lawsuit this week against the Chicago Crime Commission after his picture appeared as a local gang leader in a law enforcement book. The suit claims the group’s “Gang Book” falsely identifies him as a “leader in Roselle of the Spanish Gangster Disciples,” of which he has no actual affiliation. The plaintiff says he has suffered damage to his personal and occupational reputation as a result. Read Article: Chicago Tribune

First Suit Filed Over Dark Knight Movie Killings

A man who was at the “Dark Knight Rises” premiere when 12 people were killed and dozens more injured has filed the first lawsuit against the movie theater, the suspect’s doctors and the film studio. The plaintiff, who was not injured in the incident, says his best friend was shot and killed, and accuses all the defendants of various forms of negligence. Many more personal injury and wrongful death lawsuits are assumed to follow. Read Article: Reuters

Labor/Employment

Glass Company Hit with Sexual Harassment Lawsuit

A northern California glass-processing company has been hit with a lawsuit from one of its female employees, alleging the company did not protect her from a “devastating cycle of sexual harassment and abuse.” The plaintiff claims she was sexually harassed and assaulted by three male supervisors over a five-year period; one of the supervisors has been charged with raping her six times. She claims that despite reporting the harassment to company officials, nothing was done to alleviate the situation. Read Article: San Jose Mercury News

Products Liability

Problems with Door Latch Prompt Honda Recal l

Honda Motor Co. has issued a recall of more than 172,000 Honda CRVs, model year 2012, and Acura ILX sedans, model year 2013, to fix problems with the door-locking mechanism. The company said that, under certain circumstances, the door may not latch properly and could pop open during an accident. Read Article: WSJ Blogs

Wrongful Death

Lawsuit Filed Over Fatal Wreck That Killed Twins

A widow in upstate New York has filed a lawsuit against a dump truck driver and his employer over the fatal wreck he caused that killed her husband and his twin sister in 2011. The driver, who was allegedly under the influence of synthetic marijuana, drove the truck 500 feet across a median at 55 mph, went airborne and struck the vehicle the twins were in. No criminal charges have been filed as of yet. The suit is seeking unspecified damages. Read Article: Rochester Democrat & Chronicle