Employment Lawyer Blog

When it comes to employment discrimination, harassment, and retaliation, prevention is often the best strategy. Employees harmed by workplace age, race, or sexual discrimination have options to get compensation and stop any unfair practices. But ideally, one should just enjoy working in a stress free, harassment free zone.

When job hunting, watch for the following red flags that could indicate a less than harmonious working environment.

1. Sloppy office/ poorly maintained premises. As the adage goes, a picture is worth a thousand words. If a place of potential employment is a pigsty beset by hazards such as litter, slippery floors, or even just a permeating bad smell, trust your gut and get out of there!

2. Erratic, depressed, or anxious feeling pervading workplace. Do the people in the office seem excited and energized to be there? Or do they appear anxious, depressed, extremely stressed out, fatigued, or crabby? Obviously, everyone has good and bad days - and this is true for highly functional offices as well. But the mood of a place of business can give you strong hints about its managerial practices.

3. Public complaints about the business. Obviously, not every "sour grapes" story you hear through the grapevine is true. But if you note a pattern among complaints - particularly if they relate to a boss you may have to work for - pay attention.

4. Past employees/ associates speak badly about their experiences. Ex-employees/associates can offer a solid, candid perspective on a business. Be aware, however, that many factors can influence job satisfaction -- including personal factors that can unfairly color perspective.

5. The company has been accused in the past of creating or abiding a hostile work environment. You can consult the Equal Employment Opportunity Commission for information about certain past hostile workplace complaints.

6. Boss is demanding - even before you begin to work there. If you interview with a potential superior and that person begins grilling you and treating you like you are already a subordinate, this could indicate that your future boss might be a control freak.

If, however, you're already in an undesirable workplace situation, get help navigating the complex legal issues concerning employment discrimination, hostile work environments, discrimination, harassment, or retaliation. Turn to the experts here at Joseph, Herzfeld, Hester & Kirschenbaum. Our renowned and reputable lawyers have demonstrated success time and gain - and we can provide a free, no obligation consultation regarding your workplace issues. Call us or email us now.

According to wire reports, an as of yet unidentified Latina women in her thirties has sued her former employer, Cascade Foods, for retaliation, after she refused to amend a restraining order against a coworker.

According to the lawsuit, which was filed in District Court in Oregon by the U.S Equal Employment Opportunity Commission (EEOC), Cascade Foods violated Title VII of the Civil Rights Act of 1964 by punishing the woman for protesting the workplace harassment of a former boyfriend. The claimant had obtained a police restraining order against the ex-boyfriend, after he allegedly assaulted and threatened her.

As a result of the restraining order, the boyfriend could no longer work at Cascade Foods. Apparently, company higher-ups (for some reason) were desperate to hold on to this worker. They thus urged the female employee to change her hard-won restraining order to allow the boyfriend to continue working at the company. She refused. And then the company fired her.

If these allegations are true, management at the company clearly committed illegal and egregious insults against this woman. The EEOC is seeking a range of remedies, including damages, lost wages, and mandatory company anti-discrimination training.

Unfortunately, when office romances go south, legal and logistical problems often soon follow. If you or a coworker has been subjected to unwanted sexual advances, harassment, or retaliation for making complaints about violations of your workplace rights, turn to the attorneys of Joseph, Herzfeld, Hester & Kirschenbaum. We can provide resources to help you systematically deal with every aspect of your case, and our experience and track record speak for themselves. Head to www.jhllp.com to find out more about our legal team, or phone (866) 348-7394 right now to discuss your critical matter with our expert lawyers.

The debate over age discrimination in the workplace has reached a boiling point. According to October 6th news reports, Sen. Patrick Leahy, Sen. Tom Harkin and other leaders of the Democratic establishment have launched actions intended to overturn a landmark Supreme Court verdict on the subject.

In the June ruling -- decided by a razor thin 5-4 margin -- the Supreme Court ruled that age discrimination claimants must meet a higher burden of proof than had been required. Previously, if a claimant could demonstrate that his or her age had been a factor in a firing or demotion, then the burden was on the employer to prove that age bias wasn't the only factor in the decision.

Writing for the majority, Justice Clarence Thomas argued that Congress had never explicitly eased the burdens of plaintiffs in cases involving the Age Discrimination and Employment Act, even though Congress HAD done so with respect to other kinds of employment discrimination cases. Therefore, reasoned the majority, the ruling to expand the burden of plaintiffs in these kinds of cases could be justified, since it did not explicitly violate the intent of lawmakers. (The Democratic committee chairmen pushing the current bill have vehemently disputed this argument.)

This epic battle between branches of government over age discrimination cases comes at a pivotal time -- age bias cases soared nearly 30 percent last year over 2007 numbers.

If you, a relative, or a coworker has been the victim of age discrimination, harassment, or retaliation at the workplace, connect with the lawyers at Joseph, Herzfeld, Hester & Kirschenbaum today for a free consultation regarding your rights and possibilities for legal remedies. Call (866) 348-7394 today: it's free and confidential. Or, to learn more about what sets our firm apart, visit www.jhllp.com.

According to a September 29th article in the Chicago Sun-Times, Sears Holding Corporation has been ordered by a federal judge to pay $6.2 million related to a disability discrimination case that has traversed its way through the courts since 2004. The lawsuit arose after a Sears employee named John Bava discovered that Sears had fired him at the terminus of his workers' compensation leave. (Bava had worked as a technician for Sears. He injured himself years ago while making repairs at a customer's house.)

According to a Chicago area EEOC spokesperson, the company failed to "provide Bava with a reasonable accommodation which would have put him back to work and, instead, fired him when his leave expired." The EEOC also alleged that Sears had mismanaged other employee leave cases, providing little leeway for injured workers to return to work -- in direct violation of the ADA (Americans with Disabilities Act). Pursuant to the consent decree that Sears approved, the company will overhaul its workers' compensation policies, train staff to ensure that employees adhere closely to stipulations of the ADA, and keep the EEOC appraised in writing of all company workers' compensation cases.

Disability discrimination is an insidious type of labor rights violation. When injured workers are terminated illegally and/or denied proper wages, benefits, and opportunities to work, they often lack other ready avenues to bring in income. If you or a family member has been the victim of disability discrimination or retaliation, the firm of Joseph, Herzfeld, Hester & Kirschenbaum is here to help. Discover how at www.jhllp.com, or dial (866) 348-7394 today to speak with a compassionate member of our team for free (and at no obligation) about your situation.

According to a September 29th article from Reuters, the United States Equal Employment Opportunity Commission (EEOC) has filed suit against America's second biggest bank, J.P Morgan Chase & Company, for allegedly perpetrating both sexual harassment and retaliation against female employees who complained about the abuse.

The main complainant, Aimee Doneyhue, had been working in a Columbus, Ohio branch of J.P Morgan. She contacted the EEOC to complain about her company's "sexually hostile" culture and further charged that the bank did not allocate salary payments, commissions and bonuses fairly among men and women. Subsequently, according to the allegation, when Doneyhue's superiors learned about her complaint, they fired her in retaliation, calling her an "idiot." The EEOC seeks a range of damages and remedies from J.P Morgan Chase, including punitive payouts, back pay, and a change in the culture at the company.

If you or a coworker has been subjected to gender discrimination, sexual harassment, or retaliation, it may behoove you to speak with the veteran attorneys of Joseph, Herzfeld, Hester & Kirschenbaum about possible solutions. Dial us at any time at (866) 348-7394 for a free, no obligation consultation, or find out more about the firm's history and philosophy at www.jhllp.com.