Sacramento Employment Lawyer
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Employment Law covers a wide range of different actionable offenses. In general, Employment Law covers contract disputes, discrimination, sexual harassment, and wrongful termination matters. The Rehm Law Office provides representation on the following causes of actions related to employment law in both Federal and State court:
(1) Discrimination – whether the discrimination is based on race, national origin, religion, age, disability, sex or sexual orientation. In issues of discrimination, the majority of cases will have to contain certain elements for a viable cause of action. These elements include: (1) Protected employee – the employee must be protected from the discrimination at hand. For example, in a race discrimination suit, members of all race are protected. (2) Covered Employer – the employer must be covered by the applicable Federal or State Law – for example, in a race discrimination suit, an employer and any individual acting as an agent of the employer are covered by the law. (3) Adverse Treatment: the treatment has to meet the standard for discrimination in each case. (4) Discriminatory intent– there are different methods for establishing intent, including direct & circumstantial evidence.
(2) Sexual Harassment – Any verbal, physical or sexual behavior directed at an individual because of his or her gender. (California Government Code ¶12900). Sexual Harassment is also a form of discrimination based on sex. The harassment must be on the basis of sex. This is proven under two potential theories: (A) Quid Pro Quo– Some term of employment, or even the employment in and of itself, is conditioned upon submission to unwanted sexual advances. (B) Hostile Work Environment – no sexual advances are necessary, only that the employer created a hostile work environment for the employee, and the environment was created because of the sex of the employee.
(3) Retaliation – discrimination against an employee that objected to any discriminatory behavior or because the individual took legal action against the behavior.
(4) Wrongful Discharge – this can occur for several different reasons:
a. Wrongful Discharge in Violation of Public Policy;
b. Wrongful Discharge Under a Contract with a Specific Term;
c. Wrongful Discharge Under a Contract with no Specific Term;
This is not an exhaustive list of all the potential causes of actions in Employment Law. There are numerous other actions, both statutory and common law, that are available to the plaintiff in an employment law case. For information on whether the facts of your case rise to the level of any cause of action, Sacramento Employment Attorney Michael Rehm is available for free consultations.