Archives for October 2014

Forced Arbitration = Inverse of an ā€œImpartialā€ Jury

Buried in the fine print of agreements that govern the products we purchase, the services we use, and even our employment, are hidden arbitration clauses precluding usĀ from having ourĀ matters heard before an impartial jury or judge when we are harmed.Ā  The result is the replacement of a system that was once built upon a fundamental promise of equal justice to a ā€œfor profit system of justice.ā€

These forced arbitration clauses require us (employees and consumers) to have our disputes resolved by a decision-makerĀ picked by the company that harmed us.Ā  As recognized by the Alliance for Justice (ā€œAFJā€), one study found that arbitrators ruled for companies over consumers 94% of the time.

The AFJ is a national association of over 100 organizations, representing a broad array of groups committed to progressive values and the creation of an equitable, just, and free society.Ā  AFJ recently started a campaign to demystify this issue and galvanize others to take action, by, among other things, releasing a short documentary on this issue, Lost in the Fine Print, which tells the story of real people with real issues who found themselves trapped in the system that favors large companies at the expense of hard working Americans.Ā  Ā Ā You can watch theĀ trail,er of the videoĀ or visit AFJ to watch the full film. Ā Through the AFJ website, you can sign a petition to put an end to this ā€œfor profitā€ system of justice.Ā  Ā It is simply unacceptable for corporations to use forced arbitration to dodge accountability for their actions.

To schedule your free initial consultation,Ā contact us onlineĀ or call (619) 342-8000 today!

California Law Protects All Employees, Regardless of Immigration Status, From Discrimination, Harassment, and Retaliation in the Workplace

Federal immigration law prohibits the employment of ā€œunauthorized aliensā€ in the United States; but the reality is, there are over 1.85 million undocumented workers in the California workplace. That’s nearly 10% of the total workforce who, unfortunately, experience workplace violations to a higher degree than most. This is in part because employers take advantage of workers’ fears of immigration consequences, and in part because these workers do not know their rights.

A recent California Supreme Court case recognized this reality and held thatĀ allĀ employees – whether or not they are legally authorized to work in the United States – have the right to a workplace free of discrimination, harassment, and retaliation, and have the right to bring suit if their rights are violated.

InĀ Salas v. Sierra Chemical Co.,Ā Vicente Salas was a seasonal production line worker for Sierra Chemical, a manufacturer and distributor of water-treatment chemicals for swimming pools, among other things. Due to the rise and fall in demand, Sierra Chemical generally laid workers off over the winter and re-hired them in the spring and summer. After working for Sierra Chemical for a few years, Mr. Salas injured his back while lifting crates and had to be taken to the hospital on two separate occasions. Mr. Salas filed a workers’ compensation claim and was placed on modified work duties (including restrictions against heavy-lifting and prolonged standing). Though the company initially accommodated Mr. Salas, it eventually laid him off and refused to re-hire him until his doctor cleared him to work without modifications. Ā Mr. Salas then filed a lawsuit for disability discrimination and for retaliation for filing his workers’ compensation claim.

Sierra Chemical fought the lawsuit by providing evidence that Mr. Salas had used a fraudulent Social Security Number on his employment documents. Basically, their claim was that even if they did discriminate and retaliate against Mr. Salas, they would have refused to re-hire him anyway because of his undocumented status.

Ultimately, the Court determined that regardless of whether Mr. Salas was authorized to work in the United States or not, he was still entitled to the protections of California’s Fair Employment and Housing Act, which prohibits discrimination, harassment, and retaliation in employment. Any other ruling would give employers a free pass to discriminate against undocumented workers.

If you have experienced discrimination, harassment, or retaliation in your workplace, you may have a case against your employer, regardless of your immigration status. For more information about your rights, please call us atĀ (619) 342-8000.

To schedule your free initial evaluation, contact us onlineĀ or call (619) 342-8000 today!

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