• Whistleblower Protection Programs

    Attorney in San Jose Employees often feel as though they must look the other way when they observe fraudulent activities, unsafe practices, or other unlawful and unethical practices in the workplace. However, you should be aware that not only is whistleblowing protected under the law, whistleblowers stand to enjoy financial damages as a result of a successful investigation. If you suspect your employer is engaging in unlawful activities, you can consult an employment lawyer serving San Jose for more information about whistleblowing. Your labor attorney can explain OSHA’s Whistleblower Protection Program.

    It ensures that your employer cannot legally take retaliatory actions against you, such as firing, blacklisting, disciplining, or demoting you. Failure to hire or rehire, adverse reassignment, pay or hour reduction, denial of benefits, threats, and intimidation are also unlawful activities under these statutes. If you believe your employer has taken retaliatory action, your San Jose employment lawyer can help you file a complaint.

  • Why People Become Whistleblowers

    Attorney in San Jose In an ideal world, all companies and other organizations would conduct business while upholding the strictest standards of ethics and obeying the letter of the law. Unfortunately, private businesses and even government agencies sometimes stray from this path. Sometimes, it may take a whistleblower to uncover the truth and correct any wrongs. Whistleblowing in San Jose and throughout the country tends to have a negative connotation. However, experts on employment law have found that most whistleblowers are actually dedicated workers, not disgruntled employees interested only in personal gain.

    1. To Bring Positive Change in the Company
    The typical whistleblower is an individual who is keenly interested in the success of the company. He or she works hard to contribute to the business and sees him-or herself as having a personal stake in the company’s future. When that individual uncovers misdoings by a co-worker, supervisor, or an entire department, he or she may choose to expose these problems in an attempt to improve the company.

    2. To Protect the Public
    Another reason why a person might become a whistleblower is to protect consumers and the public in general. Often, the misdeeds of businesses and organizations lead to some sort of risk for consumers. For example, a whistleblower might work for a medical device manufacturing company that has designed a new metal-on-metal hip implant. The person might uncover clinical evidence that this particular design has a high rate of early failure and can significantly increase the risk of heavy metal toxicity in patients. However, this individual realized that this clinical evidence was never shown to the FDA or to the public. The person might decide to become a whistleblower because he or she is concerned for the welfare of patients who use that particular hip implant.

    3. To Obtain Compensation
    One of the perks of being a whistleblower is that if any monetary damages are recovered as a result, the whistleblower is entitled to a portion of them. This may be one reason why whistleblowers have such a poor reputation. However, it’s worth noting that most whistleblowers first report problems to a supervisor or other person at their company. Then, if a cover-up is attempted or the problem is otherwise left unfixed, the person might turn to a labor law attorney for help. CA labor code section 1102.5 prohibits retaliation against whistleblowers. This may afford protection to those who do come forward.

  • Fighting Workplace Discrimination

    Workplace Discrimination in San Jose All employees are protected from workplace discrimination by federal and state law. For example, California residents are protected by both the Fair Employment and Housing Act, and the Federal Civil Rights Act of 1991. If you feel that you may have been the victim of any type of workplace discrimination, you have the right to contact a labor law attorney for advice regarding employment law. An employment discrimination lawyer in San Jose can determine whether the discriminatory actions you have suffered are illegal.

    In the event that you’ve been the victim of discriminatory actions such as those based on age, gender, religion, race, sexual orientation, disability, or marital status, your labor law attorney can file a claim on your behalf. Many people hesitate to file a discrimination claim out of fear of retaliation. However, retaliation for reporting or objecting to discrimination is also illegal. In fact, evidence of retaliation can serve to substantiate your claim of discrimination.

  • Understanding Wrongful Termination and Your Rights

    Attorney in San Jose If you’ve recently been fired and you feel the action was unjust, you may wish to consider consulting an employment lawyer to determine whether you were the victim of wrongful termination. As your labor law attorney near San Jose can explain to you, most jobs are based on at-will employment. This means that as long as an employee is not fired for an illegal reason, an employer may fire him or her without having a good reason or even having a reason at all. Your employment lawyer can identify exceptions to this rule and file a complaint on your behalf if you were indeed wrongfully terminated.

    1. Contracts
    You may not be an at-will employee if you signed a written contract when you took the job. Your wrongful termination lawyer can review your contract to determine if there is a clause that spells out legitimate reasons for the firing. However, even if you lack a written contract, you may be able to prove wrongful termination based on an implied contract. An implied contract occurs when your employer says something or acts in a manner so as to make you believe that you can continue your employment for a certain period of time.

    2. Good Faith
    You may have grounds for a wrongful termination complaint if your employment lawyer determines that your employer may have breached the duty of good faith and fair dealing. For example, your employer may have fired you to prevent you from collecting sales commissions. Or, you may have been repeatedly transferred to dangerous or undesirable assignments in an attempt to force you to quit before you could collect benefits.

    3. Public Policy
    Violations of public policy can vary from state to state. For example, you might be protected from being fired because you volunteer as a firefighter. You are also protected from termination because of whistleblowing, taking time off to vote or serve on a jury, and serving in the military or National Guard.

    4. Discrimination
    Wrongful termination because of discrimination is another reason to consult an employment lawyer. If you feel you were fired because of your gender, religion, age, disability, race, color, national origin, or pregnancy status, your lawyer can file a complaint with the appropriate agency and then help you file a lawsuit against your employer.

  • Getting Help from a Lawyer for Workplace Harassment

    Employment law is often confusing. It can be difficult to know exactly which laws and regulations apply to your situation. This is one way in which a labor attorney in San Jose can provide invaluable help. Your sexual harassment attorney can help you understand the laws that are applicable to you and what your legal rights are. A lawyer can also provide advice on how you should deal with your employer and other relevant parties during the legal process.

    For more tips on obtaining legal advice from a sexual harassment attorney, you can watch this video. This expert discusses the importance of having someone with the right knowledge and experience on your side, and how an attorney can sort through evidence and address potential witnesses.

  • What to Know If You’re Sexually Harassed at Work

    Attorney in San Jose Did you know that the majority of workers who suffer from sexual harassment never report these incidences, either to their employers or to a sexual harassment attorney? You don’t have to let your tormenter get away with crude behaviors; you do have legal rights and recourse. If you’ve suffered from unwanted advances or other types of sexual harassment at work, it’s in your best interests to contact a sexual harassment attorney in San Jose. Your employment harassment lawyer can inform you of everything you need to know to successfully handle your claim.

    1. Understand Your Company’s Sexual Harassment Policy
    The first step you should take after experiencing sexual harassment is to find your company’s policy on these types of behaviors. Check your employee handbook, union contract, postings in the break room, and similar areas, or ask your point of contact in the human resources department for a copy of the policy. The policy should outline the exact steps you need to take to report the incident. If the person to whom you’re supposed to report the incident is the person who has harassed you, go to that person’s supervisor. If your company lacks a sexual harassment policy, you can report the incident in writing to your supervisor or ask your sexual harassment attorney for guidance.

    2. Avoid Giving Your Two Weeks’ Notice
    When dealing with sexual harassment, it’s all too common for the victims to quit out of fear or shame. While it’s your right to quit any time you wish, you should be aware that in doing so, you may forfeit your right to file a sexual harassment lawsuit. If your employer has a sexual harassment policy, you must follow the steps outlined in that policy and allow your employer the chance to take appropriate disciplinary action . If you quit before your employer has this opportunity, you may not be able to file a lawsuit. However, if you feel that your physical safety is in jeopardy or your mental health is at risk, you might decide that it’s worth it to find a new job.

    3. Document and Report All Incidences
    Your sexual harassment attorney will need thorough documentation of all incidences of sexual harassment. Carry a small notebook around your office with you and write down the dates and times of all incidents, as well as what happened. Report each incident to your supervisor promptly.

  • Blowing the Whistle on Dishonest Practices [INFOGRAPHIC]

    Whistleblowers have been in the news lately, and though they may seem far removed from you and your job, you too could become a whistleblower. If you suspect fraud, discrimination, safety violations, or other illegal activities in your workplace, you’ll have to decide if you want to bring these wrongdoings to light. Whistleblowers are protected from retaliation by the law, but it’s still wise to hire an employment attorney located in San Jose once you choose to blow the whistle. You may have a number of different reasons to be a whistleblower. Some people choose to do so because of a suspicion of fraud or because the wrongful activities are dangerous to employees, shareholders, or the general public. Whistleblowing can also come with a financial reward, which motivates some people to speak up. Explore this infographic to learn more about a few of the most common reasons for whistleblowing. Please share with your friends and colleagues.

    Attorney in San Jose

  • Understanding Wrongful Termination and Your Rights

    1. Understanding Wrongful Termination and Your Rights

    If you’ve recently been fired and you feel the action was unjust, you may wish to consider consulting an employment lawyer to determine whether you were the victim of wrongful termination. As your labor law attorney near San Jose can explain to you, most jobs are based on at-will employment. This means that as long as an employee is not fired for an illegal reason, an employer may fire him or her without having a good reason or even having a reason at all. Your employment lawyer can identify exceptions to this rule and file a complaint on your behalf if you were indeed wrongfully terminated.

    2. Contracts

    You may not be an at-will employee if you signed a written contract when you took the job. Your wrongful termination lawyer can review your contract to determine if there is a clause that spells out legitimate reasons for the firing. However, even if you lack a written contract, you may be able to prove wrongful termination based on an implied contract. An implied contract occurs when your employer says something or acts in a manner so as to make you believe that you can continue your employment for a certain period of time.

    3. Good Faith

    You may have grounds for a wrongful termination complaint if your employment lawyer determines that your employer may have breached the duty of good faith and fair dealing. For example, your employer may have fired you to prevent you from collecting sales commissions. Or, you may have been repeatedly transferred to dangerous or undesirable assignments in an attempt to force you to quit before you could collect benefits.

    4. Public Policy

    Violations of public policy can vary from state to state. For example, you might be protected from being fired because you volunteer as a firefighter. You are also protected from termination because of whistleblowing, taking time off to vote or serve on a jury, and serving in the military or National Guard.

    5. Discrimination

    Wrongful termination because of discrimination is another reason to consult an employment lawyer. If you feel you were fired because of your gender, religion, age, disability, race, color, national origin, or pregnancy status, your lawyer can file a complaint with the appropriate agency and then help you file a lawsuit against your employer.

  • Attorney Spotlight: Steven Paul Cohn

    Attorney Spotlight: Steven Paul Cohn

    Attorney in San Jose Steven Paul Cohn is an employment lawyer who is dedicated to providing San Jose residents with exceptional legal representation. He has been practicing law since 1980, and in 1994, he founded the Advocacy Center for Employment Law. If you’re in need of a labor attorney in San Jose, you can find the expertise you need at our law firm. Our team thoroughly investigates complaints related to civil rights violations, unfair business practices, and sexual harassment. Mr. Cohn also handles cases related to all other aspects of employment law, including complaints of discrimination because of gender, age, and disability.

    At the Advocacy Center for Employment Law, we believe our results speak for themselves; however, we invite you to explore the credentials of our employment lawyer. Mr. Cohn demonstrates his commitment to professional development by authoring numerous publications in the field, serving as a continuing education lecturer, and serving as a guest speaker at employment law symposiums. In addition to serving as a law professor at the University of Santa Clara, he is also an American Arbitration Association Arbitrator. Mr. Cohn has received numerous recognitions for his dedication to excellence, including being designated as the 1992 California State Bar Wiley W. Manual Award recipient. This award recognizes lawyers who provide outstanding legal representation on a pro bono basis.

  • Get the Facts on Sexual Harassment

    Get the Facts on Sexual Harassment

    Sexual Harassment in San Jose Everyone has the right to a work environment that is free of threatening behaviors such as sexual harassment. Unfortunately, sexual harassment is far more common than you might think. It can happen to anyone at any time. Getting the facts about sexual harassment and understanding your right to speak with a sexual harassment attorney can both empower you and protect you. If you have been the victim of these types of unacceptable behaviors in the workplace, a sexual harassment attorney in San Jose can explain your legal options.

    1. Circumstances

    It’s a common misconception that sexual harassment only affects women and is only perpetrated by men. In fact, both men and women can engage in sexual harassment and they may both be the victims of it. Likewise, a person who commits sexual harassment may be a co-worker, supervisor, or even a non-employee. A victim of sexual harassment may not necessarily be the direct target of it. For example, a sexual harassment attorney may represent someone who has a job in a workplace characterized by a hostile environment.

    2. Types

    Sexual harassment is a broad area that can encompass any verbal or physical behavior of a sexual nature that is unwelcome. Employment law recognizes that behaviors such as leering, sexual innuendo, lewd letters, and unwelcome touching are all forms of sexual harassment. A person might “accidentally” brush up against another person, or he or she might display pornography at work. Sometimes, unwanted sexual advances may be blatant , such as requesting sexual favors, or they may be subtle, such as spreading sexist cartoons in the workplace.

    3. Resolutions

    Each workplace should have an established sexual harassment policy. This policy should explain that sexual harassment is not tolerated in the workplace and it should inform employees how to report sexual harassment. Unfortunately, filing a complaint with an employer doesn’t always stop the behavior—particularly if the supervisor is the person committing the offense. Victims of sexual harassment should consult a sexual harassment attorney. The lawyer can file a complaint against that employer or company.