WERE YOU FIRED? YOU HAVE RIGHTS

I was wrongly Fired from My Job:  Can I Sue

It is important to note that most jobs in the United States of America and considered to be AT WILL.  That is an employer has the right to let go (fire) an individual for any reason he sees fit.  These days as a result of the economic downturn many persons have lost their jobs.  While others are fearful that they are about to lose their jobs for any small infraction or mistake that they make.  This reality often leads to a hostile and anxiety ridden work environment.  You are not alone, you don’t have to suffer.  Here at Downtown LA LAW GROUP we have a staff of Employment Lawyers that are here to protect your rights in the workplace.

However employers should be aware that there are many exceptions to the above law which can allow an employee that was unjustifiably fired from his or her job to pursue legal action against an employer.

Here are some of the exceptions to AT WILL employment in the United States;

·         Written Promises: 

·         Implied Promises

·         Defamation of the Employee by the Employer or an Agent (manager)

·         Public Policy Violations

·         Loss of Job due too Bad Faith and a Lack of Fair Dealing

·         Firing because of Retaliation by the Employer against an Employee

·         Acts of Fraud that lead the Loss of Job

·         Rights of the Whistleblowing  employee

Whistle blowing law often protect those who make the hard choice to report to proper authorities any illegal violations that are regularly conducted or have been conducted by an employer.  The whistleblower is protected because his acts is to be considered a societal good because it stop the employer from conducting the illegal and or in some instance criminal activity.

For defamation courts usually looks at words that clearly denigrate your status in the workplace.  For example if your employer stipulates that you were drunk during work and as a result missed many deadlines that were not met because of your drinking. 

There are laws that do protect even AT WILL employers that have been fired by there employers.  If yo have any questions or have been recently fired illegally should contact an attorney to protect their rights.  For a free consultation call (855) DT-LA-LAW

SMOKING IN THE WORKPLACE: KNOW YOUR RIGHTS

Smoking Nicotine and Cigarette laws in the Workplace

Smoking in the workplace has become an important health and safety issue in the workplace over the past few decades.  Over the past four decades there has been an increasing demand among workers in the United States for increased health and safety in the workplace.   As a result of increasing pressure from workers lobby groups and special interest with a vested interest in worker safety the federal government as well as state legislatures have passed many laws to increase the healthy environment and general safety of the worker in the workplace. 

OSHA: Occupational Safety and Health Act: established basic safety standards with the goal of reducing the number of deaths, injuries, illnesses, and other health issues as a result of the environment and conditions in the workplace.   OSHA is the main and most significant Federal law regarding Workplace safety.

It is important to note the OSHA rules are rather limited with regard to tobacco and smoking in the workplace.   However state law have become more progressive than OSHA and as a result many states now have smoking standards and restriction in the workplace.  

One way that an individual may have a case against an employer is air quality restrictions that have been place by OSHA standards on employers.  This law is highly complicated and difficult to understand in that is also may involves state health standards, state air quality law, and federal air quality laws.

If you have been injured in the workplace and or have health issues resulting from poor workplace air quality as a result of smoking in the workplace it is important to know that you have rights here.  However in order to protect your rights it is vital that you contact a Workplace Injury Lawyers that has the knowledge and experience to be able to litigate your matter and fight for your rights. 

Currently the laws of smoking in the workplace are in a state of flux.  It is a very new area of Personal Injury Law (Tort Law) and as a result requires experts in the field.  Today many companies offer non-smoking workplaces.  While in some states there are smoking discrimination laws that forbid discriminatory acts against workers who smoke.  On top of that there are also many exceptions that are written into anti smoking laws that may be used by workplace employers to deter any legal responsibility they may have to their employees.

Bases upon the above analysis workplace air quality and smoking laws become very complicates as one has to deal with a myriad of state, federal and local ordinances.  If you have any issues regarding workplace air quality and smoking issues, or you have been injured feel free to contact our workplace attorneys at Downtown LALAW  for a free consultation.  (855) DT LA LAW

Know your rights: Workplace Health and Safety is your Right

Over the past four decades there has been an increasing demand among workers in the United States for increased health and safety in the workplace.   As a result of increasing pressure from workers lobby groups and special interest with a vested interest in worker safety the federal government as well as state legislatures have passed many laws to increase the healthy environment and general saftey of the worker in the workplace.

OSHA: Occupational Safety and Health Act: established basic safety standards with the goal of reducing the number of deaths, injuries, illnesses, and other health issues as a result of the environment and conditions in the workplace.   OSHA is the main and most significant Federal law regarding Workplace safety.  If you have been injured in the workplace or have sustained health issues and illnesses as a result of your workplace environment it is important that you know your rights.  The Laws of OSHA as well as many state and local ordinance may apply to your case.  It is vital that you contact and Workplace Injury Attorney or Employment Law Lawyer that will be able to ensure that your rights in the workplace are maintained. 

OSHA is the leading driver behind the creation of the federally funded NIOSH:  the National Institute for Occupations Safety and Health:   This is a mainly research facility which seeks to experiment in different ways and procedures so as to increase workplace safety.

OSHA generally requires employees to provide a safe workplace environment that is free of dangers that have the potential to lead to harm and physical health issues to the persons working there.   Amongst the guidelines that need to be followed are, warning employees of the dangers, training, keeping of records of workplace injuries.   State government also have frequently adopted OSHA law as well.     

Here are some OSHA statistics on Workplace safety and issues resulting from workplace health and safety standards in the United States.

·         50,000 employees die yearly from workplace related health issues and diseases such as cancer, emphysema, heart attacks, liver damage.

·         More than 5,000 Americans die from workplace injuries:  Injuries that took place in the workplace   

·         More that 4 Million person are injured in their work

·         Mote that 50% of employees have experience pressure from employers not to report or decrease the seriousness of their injures

As a result of the pressure that is often place on workers by the owners of companies and management many workplace injuries go unreported.

Don’t let this happen to you, If you have suffered from a workplace injury report it to the state OSHA office, and contact an Employment Lawyer or Workplace Injury Attorney that will fight for your rights in the Law.  OSHA lawyers are here to help.  At Downtown LA LAW we have a staff of knowledgeable Employment Law and Workplace Personal Injury Lawyers that will fight for you.  Don’t allow your boss to pressure you into not disclosing your injury.  Seek help.  For a FREE CONSULTATION Call (855) DT-LA-LAW or Visit our webpage here.

False Imprisonment in the Workplace:

Often Employees of corporations are subject to interrogations and questioning that in the view of the legal system of many states and jurisdiction in the United States may amount to the Tort [Personal Injury] Claim of False Imprisonment.   Here at DT LA Law we have a staff of employment law lawyers and employment discrimination attorneys that work tirelessly to see to it that the rights of the worker in the workplace are protected.  In thus day an age many employees in California and other states in the union are subject to unjust and discriminatory action.  One of the most prevalent acts conducted by employers and managers against their employee is the Tort of False Imprisonment.

The Legal Definition of False Imprisonment Under California Penal Code 236 is “the unlawful violation of the personal liberty of another.”  Or the act of restraining someone against his or her will.

False imprisonment claim usually take place within the context of employer investigation of an employees wrongful, or even illegal act.  Often an owner of a business or a manager of that business under the stressful position of having to face of an employer that has committed an illegal act will physically restrain that person or keep the person in a lock room without a reasonable means of escape and without the person consent.  

In order to claim false imprisonment an employee must show to the court that the elements fo the torts have been met.  These elements may vary based on state or jurisdictional difference in the written law but some of the basic elements are given below.

·         The was an actual and or implied threat from the employer or an agent (someone working under the authority) of the employer would be used in order to force the employee to remain in a specifically designed area

·         Employer or his agent does not need to use force, Only a threat implied or actual is enough to met this criteria.

·         The act of use of force or the threat of a use of force must be against the will of the person, so the Victim must show that he did not consent to the imprisonment

Examples of acts that have in the past constituted false imprisonment include: (1) Confining a person to a room that is locked (2) having security hold a person for a period of time against the employees consent   (3) Not allowing a person to get out of a chair he is sitting in until he admits to the commission of an act. 

If you have been subjected to False Imprisonment in the Workplace know that you are not alone.  We at Downtown LA LAW are here to help.  For a Free Case Evaluation and Consultation with an employment lawyer and a personal injury lawyer Please feel free to contact us at (855) DT-LA-LAW for a free consultation or visit our webpage.

Domestic Violence and The Rights of Employees

In our society Domestic Violence has become a major social, political and legal issue.  Domestic Violence affects millions of woman and men yearly.  There are federal and state laws that protect victims of domestic violence. Many states in the United States of America have given certain legal duties to employers of workers that have been victim of domestic violence.

Under California Law employers must give employees that have been victimized by domestic violence a certain reasonable amount of time off so that they are able to deal with the issue and other relevant issues that are related to the act of home place violence.

Under the Family and Medical Leave employee are given the right to take time off to

·         Seek medical care for injuries

·         Get service from shelters and or domestic violence programs or race care centers

·         Time to obtain mental health counseling from trained therapists, physiologist, and or psychiatrists

·         Time must be given so that the employee is able to seek out and plan for current and future safety

·         Time must be given so that the employee is given time to relocate in order to protect his/her and her children’s safety

Employers cannot fire or discriminate against a person if that person is she has decided to use the rights to protect herself from domestic violence based of the laws that are provided under California Law.    If you are a person that has been involved in domestic violence and you have been discriminated, fired, or have been subject to disciplinary action in the workplace as a result of exercising your right to protect yourself you need to know that you have rights.  Downtown Los Angeles Law Group will work tirelessly to see to it that your rights are protected here.  Our knowledgeable staff of Workplace discrimination lawyers and Employment Attorney will work with you to see that your rights are protected. 

Domestic Violence can be a difficult and arduous experience to woman and men that go through it.  What makes the experience of Domestic Violence worse is the often ill and wrongful discrimination that a Victim of Domestic violence is subjected to in the workplace.   For more information on Domestic Violence and Workplace Discrimination please feel free to Visit our web page.  Downtownlalaw.com.  or call (855) DT-LA-LAW for a Free Consultation with our domestic violence attorney or workplace labor lawyers, we are here to help