Please consult the Bohm Law Group if you have a specific legal problem.
Employment Law – is an umbrella term that includes a number of different practice areas handled by our attorneys. It includes a wide range of categories, from age discrimination, to sexual harassment. While federal law provides strong protection for workers, California attorneys will usually rely on the state’s Fair Employment and Housing Act (FEHA). The state law can be used in cases involving smaller companies than the federal law. State law also doesn’t put a cap on damages. Click the link for more information.
Workplace Discrimination – can come in many different forms. The state’s Fair Employment and Housing Act (FEHA), lists a number of protected classes. In simple terms, it is unlawful for an employer to fire, refuse to hire, or otherwise discriminate against workers based on their membership in protected classes. These classes include a worker’s sex, gender, age (over 40), mental or physical disability, national origin, religious creed, and other classes. Click on the link to learn more.
Gender Discrimination – deals unequal pay for women, discrimination, and with how an employee identifies — whether as a man, woman or transgender. Gender discrimination can occur when an employer pays women less money than men. Or it can involve an employer who only hires men, or only hires women. Unless there is a bona fide occupational qualification justifying the discrimination, it is unlawful. There are a number of other examples of what constitutes gender discrimination. Click on the link to learn more.
Age Discrimination – is a common problem for many older workers. Under California’s Fair Employment and Housing Act (FEHA), it is unlawful to discriminate against an employee because that worker is older than 40 years of age. Discrimination can take many different forms and can include firing, refusal to hire, harassment, refusal to promote, or offering lower pay to older employees.
Disability Discrimination & Reasonable Accommodation – refers to the responsibilities employers have when it comes to disabled workers. State law prohibits employers from discriminating against disabled employees unless it becomes too much of a burden for the employer to provide reasonable accommodations for the employee. Such accommodations could include the installation of special mechanical doors, wheelchair ramps, or audio systems. It could also include allowing extra time for disabled employees to complete certain tasks. Click on the link to learn more.
Race Discrimination – can involve treating an employee differently because of his or her skin color, or nationality. It can include refusing to hire an employee because he or she is black. It might include an employer firing a Chinese worker because of a prejudice against Asian people. It could involve workers of a specific race being paid lower wages than other workers. There have even been cases of lighter skinned African American workers discriminating or harassing lighter skinned African Americans. To learn more about this common form of workplace discrimination, click on the link.
Religion Discrimination – involves when an employer decides to terminate or treat less favorably an employee simply because of his or her religion. What is a religion? The link above will dive deep into all the nuances of religious discrimination.
Pregnancy Discrimination – is unlawful in California. This means a woman can’t be fired because she is pregnant, nor can she be harassed or offered less pay because she’s pregnant. Additionally, the law requires many employers to allow a woman who’s been disabled by pregnancy to have the time off necessary to deal with her health issues. Other reasonable accommodations might also be required. To find out more about this practice area, click on the link.
Workplace Retaliation – involves a protected class of worker known as a whistleblower. A whistleblower calls attention to workplace discrimination, violations of worker safety, or other unlawful company activities. While workers are encouraged to report such violations to the authorities, employers often retaliate in order to punish the whistleblower. This is unlawful. To learn more about this type workplace retaliation, click on the link.
Workplace Harassment – includes a wide range of unwanted behaviors. These can range from relatively minor (offensive jokes, or catcalling) to very serious (groping, intimidation). Harassment rises to the level of discrimination when it is directed at a worker due to that worker’s membership in a certain race, religious creed, gender, pregnancy status, sexual preference, or other protected class. For more information on workplace harassment, follow the link.
Sexual Harassment – mostly focuses on harassment of women in the workplace by male coworkers or supervisors. However, sexual harassment includes other types of unwanted behavior as well. For instance, women too can engage in sexual harassment. It can also occur between workers of the same sex. It can involve unwanted comments, inappropriate jokes, or even requests for sexual favors in exchange for career advancement. Sexual harassment doesn’t have to be motivated by sexual desire. Click on the link to learn more.
California Family Leave Act Violations & Family Medical Leave Act (CFRA/FMLA) – claims are handled by our office. California law specifically allows employees who are dealing with unforeseen health issues, either their own, or those of close family, to take extended leave from work without fear of termination. If you were terminated after exercising your rights under the California Family Leave Act, and would like more information, click on the link.
Wrongful Termination/At-Will Employment – deals with questions of whether a termination is lawful. Most Californians know that the in the Golden State, at-will employment is the law of the land. This means companies can generally terminate an employee for any reason they see fit. However, exceptions do apply. For instance, it is unlawful to terminate an employee because of their race, sexual identity, gender, pregnancy status, religious creed or national origin. Click on the link for more information about wrongful termination.
Whistleblowing – occurs when an employee notifies the authorities of an unsafe workplace condition, discrimination, or other unlawful workplace issues. Often times, when an employee notifies the authorities of a workplace violation, the company will retaliate against the worker. This could include termination, harassment, demotion or reduction in pay. Whistleblower retaliation is unlawful. For more information, follow the link.
Severance Agreements – are offered in some cases when a company terminates an employee. Such agreements are often offered in return for signed assurances from the employee that he or she will not sue the company. Often times, when an employee is offered a severance agreement, it is recommended they discuss the terms with an employment lawyer. In some cases, there are opportunities for negotiation and the possibility of more favorable terms for the employee. Follow the link for more information on severance agreements.
Personal Injury – cases are pursued by employment lawyers when an injury occurs as the result of negligence or a refusal someone to follow the law. Workplace injuries are often covered by worker’s compensation and can be serious events and lead to a lifetime of suffering and difficulty paying bills. Follow the link to learn more about personal injury law (we don’t practice worker’s compensation).
Trial Consulting – is a service offered by our office for attorneys dealing with cases of their own. We’re happy to share with other attorneys our unique understanding of employment law, which is based on years of trial experience. Click on the link for more information.