Diverse Aspects of Employment Law in California

by carla ballatan

In California, as in all other States in the country, there are various aspects of employment law. Attorneys specializing in employment law in California need to have particular skills, considerable length of experience and professional education in order to handle competently these diversified matters in employment conditions and legal cases.

• Employment Discrimination Litigation – involves the following issues:

- racial discrimination
- sexual discrimination
- age discrimination
- discrimination based on country of origin
- discrimination based on religious belief
- sexual preference discrimination
- discrimination based on disability (American with Disabilities Act or ADA)

• Sexual Harassment Claims – here are the issues that may be involved in this type of case:

What can be construed as sexual harassment in the workplace?
- unwelcome sexual advances
- sexual intimations
- inappropriate comments that directly or indirectly refer to sex

What can be the broader aspect employment harassment aside from sexual harassment?
- racial harassment
- age harassment
- harassment based on the country of origin
- harassment based on religious preference or belief
- harassment based on sexual preference
- harassment on disabled or handicapped individuals

• Wrongful Discharge/Termination Litigation – here are the fundamental principles concerning wrongful termination:

- An employee cannot be terminated based on his/her race, age, sex, origin and other legally protected classes.
- An employee cannot be fired as retaliation for his/her claiming workers' compensation, applying for leave under the FMLA, and taking advantage of benefits provided by the company.
- An employee cannot be fired on the grounds of whistle blowing, filing a Qui Tam claim or reporting any suspicious harmful or illegal activity going on in the company to necessary authorities, reporting instances of alleged sexual harassment and filing claims for employment discrimination.

• Drafting, reviewing, negotiating, and litigating of Employment Agreements/Contracts, Employee handbooks and other materials to guide employer and employee in dealing with employment issues and claims and litigations.

- Disputes on Employment contract – breach of employment agreement or contract, breach of termination or separation agreement, misappropriation of business trade secrets or any other company proprietary information and other actions concerning breach of contract.

- Proprietary rights and development of business' intellectual property – specifications concerning the company' intellectual property concerns and other "work for hire" specifications to protect copyrights, patent rights and other issues involving intellectual property

• Avoiding any type of Employment Litigation – business can be assisted in minimizing the threats of employment litigation arising in the workplace.

About the author
Know more about the various important issues of the employment law in California with the help of California Employment Litigation Attorneys