3 Excuses an Employer Might Make When They are Accused of Battery and/or Sexual Harassment

3 Excuses an Employer Might Make When They are Accused of Battery and/or Sexual Harassment

The word "battery" is a word you would normally hear while watching your favorite crime drama, but it actually can occur in your very own workplace. Under civil law, particularly in employment law, employees are entitled to bring a claim against their employer if they have been a victim of battery in the workplace. The tort claim requires the employee suing their employer to prove that they were touched or the employer caused the employee to be touched and that the touching was intended to cause the employee harm or cause he or she to find the touching offensive.

An Employment Lawyer is the type of attorney who specializes in this type of situation, especially when a single claim may overlap with another claim. Battery claims do not always come alone though, they are often accompanied by sexual harassment. There are three features of battery, all of which have the potential to have a sexual harassment element to each of them. Sexual harassment in the workplace is prohibited by law and employees have the right to sue if they become a victim of unwelcome touching or inappropriate comments.

Below are some of the excuses employers have in response to battery and sexual harassment claims.

1. "I didn't mean to hurt or offend you"

If an employee follows through on pursuing a claim against their employer for battery, they need to prove the employer had intent. On the surface, intent would seem to mean that the employer made it his or her goal to hurt the employee, however this is not the case. When making out the elements of battery, intent is proven by showing the employer intended to do the act that caused the harm. For example, person A smacked person B's buttocks in what person A claimed was just a "love tap" while person B suffered extreme pain in their tailbone, extreme humiliation, and or suffered extreme anxiety from this so called "love tap". In this example, although person A did not intend to hurt person B, person A did intend to commit the act, smacking B's buttocks, which caused person B harm. Therefore, in that example person B would be able to prove intent in their battery claim against person A.

1. "I was just joking, you're not even hurt!"

Satisfying the second element of battery can be tricky in that it is based on contact that is harmful or offensive. Of course physical harm is more concrete and may be easier for an employee to show if they had a bruise or mark, but how do you prove "offensive"? The law in California says that touching is offensive where a reasonable person would find that it offended or wounded their personal dignity. For example, Sally was an administrative assistant at a marketing agency. Her job required her to spend a lot of time filing paperwork and restoring it in the filing room. One day while she was trying to place a file box on a high shelf, her boss Greg saw she couldn't reach and said "here let me help you" and picked Sally up by placing his hands on her buttocks and waist. Here, although this touching did not harm Sally, she found the touching to be offensive and a reasonable person in Sally's position would likely find the touching of one's buttocks and waist by their boss to be offensive.

Note that harmful or offensive conduct in a battery claim is negated where the touching was unavoidable, it was for a legitimate reason, or it was a touching that is acceptable in the course of everyday life. This means that if the harmful or offensive touching took place during an event that falls under one of those categories, then a claim for battery may be voidable. For example, let's look at Sally and Greg's situation again. This time, Sally was standing on a ladder to reach the shelf and lost her balance but Greg caught her before she hit the ground. Here, even though Greg may have touched her in a way that might be harmful or offensive, the touching may be considered as unavoidable because she fell on to Greg.

The way in which harmful or offensive is identified can be complex depending on the circumstances. It is best to have an Employment Lawyer analyze the facts of the case to ensure you get a professional and thorough opinion.

1. "You didn't say no"

Consent is one of the elements that needs to be made out in a battery claim. Did the employee tell the employer that he or she wanted to be touched? Did the employee welcome the touching? Often when a battery claim is brought against an employer, they will claim that they thought consent was not necessary. Consent is an important factor in making a claim against an employer in battery. Where there is no consent for the touching, the employee's case is strengthened.

As seen in the examples above, battery and sexual harassment often go hand-in-hand. All three elements of battery need to be met in order to have a battery claim and in addition to the battery claim, an employee may have a sexual harassment claim. If an employee has been sexually harassed by unwanted touching, he or she may have a claim against their employer for sexual harassment in addition to the battery claim. Again, sexual harassment can be characterized as unwanted touching which is where the battery usually ties into the sexual harassment claim.

Taking all of the information and examples into account, an employee may be able to identify similarities in their own situation at work. Of course, every case is different and it is only with the guidance of legal a professional such as an Employment Lawyer that an employee will know if they have a claim worth pursuing. The Employment Lawyer will want details of the circumstances to ensure that all elements of battery have been met and the lawyer may also ask through questions about the sexual harassment the employee has experienced.

3 Basic Points About Employee Rights You Need To Know

3 Basic Points About Employee Rights You Need To Know

Have you ever wondered what would happen if you lost your job because you were in an accident and needed time off? What if a new manager was hired at your office and you suspect that he does not like you because of your ethnicity or skin color? Are you in a situation at work where another employee won't stop asking you out on a date and insists on making creepy comments about how attractive you are? Did you see something illegal happen at work like patient abuse and reported it but you were fired right after? Did you recently tell your boss that you are pregnant and you were let go because of this? What if you have a disability and you your boss denied your accommodation request? These are all unfortunate situations but many employees within the workplace endure such mistreatment. Where is the line drawn though and what rights do employees have? What rights does the employer have and how do their rights coexist with employee rights?

1. What is wrongful termination?

An Employment Attorney would be the type of legal professional to bring all of your employment related questions to, especially if you were fired. An Employment Attorney specializes in what is called wrongful termination. In California, an employee is considered as an at-will employee which means that the employee can be fired for any reason or for no reason at all. For example, your boss can fire you just because he or she does not like you, because you were late to a shift, they don't like the way you dress, they think you're annoying, or even they can even decide not to tell you at all the reason you why you were fired. Employers technically have the power to fire you without cause as long as they did not make the decision based on an illegal reason. Being fired for an illegal reason might be considered as wrongful termination.

Wrongful termination is basically where an employee is fired or let go from their job based on an illegal reason.

2. What is considered as an "illegal reason"?

We have touched on what kind of an employee employees are considered as in California and the "unless" of terminating an at-will employee. The "unless" applies to an illegal reason, but what does that mean? What is an illegal reason?

Some examples of an illegal reason would be if you were discriminated against based on your age, race, religion, gender, sexual orientation, disability, or marital status. There are employment laws that recognize certain characteristics and classes that are protected within the workplace in a particular way. For example, an employee over the age of 40 may be terminated, but prior to his or her termination, this particular employee may have experienced mistreatment at work such as negative comments made in regards to his or her age such as "You are getting too old for this job" or "Isn't it time for you to start thinking about retiring?". These comments that were made prior to the employee being let go or terminated may indicate that he or she was let go specifically because of his or her age. This all may result in a suit against the employer because employees over age 40 are considered a protected class and it is illegal for that employee to be fired because they are 40 or older.

Another example of discrimination would be if an employee was fired for a bogus reason, however, he or she felt as though it was because of their race. An employee may be able to prove this by providing evidence that he or she was passed over for employment opportunities that he or she was qualified for and this also happened to other employees who were also of the same race as this particular employee; this may establish a pattern of race discrimination within the workplace. Again this scenario may give rise to a claim of wrongful termination and discrimination if the employee was eventually fired.

Alternatively, an employee may be fired for what is considered as an illegal reason if they report sexual harassment and they are fired thereafter. Sexual harassment within the workplace is prohibited by law and therefore an employee is entitled to report any incidences of sexual harassment without being fired. For example, a male employee may witness another male manager sexually harassing other female employees and reports this to the Human Resources Department. Soon after the sexual harassment was reported to the Human Resources Department he was terminated without reason. Here, although his employer is not required by law to give a reason for terminating the employee, because it happened rights after the employee made the complaint, it may be considered wrongful termination.

Lastly, another example of wrongful termination may arise if an employee with a disability makes a request for accommodation and in response, the employee is fired. A request for accommodation should be met by an employer as long as it is reasonable.

These are all just examples of wrongful termination. Every case is different and requires a consultation with an Employment Attorney to discuss whether or not you have a wrongful termination case.

3. How do you know if you have a case?

As mentioned previously, every situation is different and the laws that govern wrongful termination are complex. The most efficient way to find out if you have a case is to contact an Employment Attorney. The Employment Attorney in your area may ask you questions such as how long you have been employed by your employer, were you fired, why you think you were fired and may need further information regarding past incidences that lead to your termination. By asking these questions the attorney can gather all the information and may be able to draw a conclusion as to whether you have a case and/or they may provide guidance on what you need to do next, such as filing for the right to sue.

In addition, should you deiced to contact a lawyer to discuss your potential case, you should reach out to an Employment Attorney who offers free consultations.

4 Things to Know About Leaves of Absence and Wrongful Termination

4 Things to Know About Leaves of Absence and Wrongful Termination

4 Things to Know About Leaves of Absence and Wrongful Termination

Have you ever wondered what would happen if you became very ill suddenly and couldn't go to work? What if your child or spouse became ill or he or she was severely injured in an accident; would you have to take off work for the duration of their recovery? Suppose your doctor told you that you were in need of surgery as soon as possible? Perhaps one of your parents was in a recent accident, would your boss give you time off to care for them? What if your husband or wife was injured while on active duty in the armed forces, could you get time off to help him or her? What if you were temporarily disabled but you could come back to work, does your boss need to accommodate you?

When an employee needs to take time off from work for certain reasons, it leaves the employee vulnerable to possible violations of their employee rights by their employer. There are laws in California that regulate employee leaves and the way in which employers must respond to an employee requesting and/or taking a leave. Not all employers follow these laws nor do they implement them into their policies. This is where issues arise for the employee which may lead to the need for an Employment Lawyer. An Employment Lawyer is a type of attorney who has experience in employment law on the employee side. This means the Employment Lawyer represents employees against their employers in particular leave of absence cases.

1. Termination? Wrongful? Wrongful termination?

An employee may run into issues at work once they request for a leave, take a leave, or return from a leave. When and if this occurs, certain employee rights may be violated and legal action may need to be taken.

The word "terminated" in employment law is just a fancy word for being canned, fired, or getting sacked. It is a word usually used to characterize the way in which an employee was taken out of their employment as opposed to quitting, being let go, or a position being eliminated altogether. Termination is usually the result of an employee not conducting themselves in a professional manner such as being late or not producing satisfactory work product.

Where does the "wrongful" come into play? Every state in America has its own laws regarding employment. In California, all employees are considered "at-will" employees. This means that all employees can be fired from their position for any reason or even for no reason at all except if it is for an illegal reason. Employers can decide at their own will to get rid of an employee when it suits them as long as they do not decide to do so because of the particular employee's race, age, gender, sexual orientation, disability, medical condition, or if an employee makes a complaint concerning illegal/unlawful activity being exercised at the workplace. If an employer decides to terminate an employee based on one of those mentioned reasons, that may be considered a wrongful reason.

If an employee is terminated but the employee believes it is because they requested a leave, took a leave, or returned from a leave, he or she may be a victim of wrongful termination.

If an employee is terminated but it is based on what the law considers a wrongful reason, this may be identified as "wrongful termination". It is wrongful because it is based on an illegal reason. If an employee believes that he or she was wrongfully terminated because they were fired for an illegal reason, then he or she should contact an Employment Lawyer in their area.

1. Failure to comply with accommodation request

Sometimes an employee may be cleared to work after taking a medical leave but only under certain conditions and/or restrictions. If an employee returns to work after taking an approved leave, they may ask for certain accommodations from their employer in which their employer needs to comply with as long as the request(s) are/is reasonable. For example, an employee may request to work during certain hours or perhaps shorter shifts. If an employer fails to meet an employee's reasonable request(s), the employee may have a case against their employer for failing to comply with their disability needs.

1. Time is relevant

How much time can an employee take off for a leave of absence? Depending on the circumstances, technically an employee is permitted to take up to 12 weeks for a recognized leave of absence. There are other factors involved in deciphering how much time an employee is entitled to, but it is a determination that usually an Employment Lawyer would be able to make.

1. Communication is key

If an employee needs to take a leave, keeping open communication with their employer is key. An employee should keep their employer informed of when he or she will need to take a leave, how long he or she expects to be out of work, and should their circumstances change, they should inform their employer as soon as possible. Normally during this time, an employee is on unpaid leave unless their employment contract says otherwise. Where an employee would need more time in addition to the 12 weeks, he or she may contact their employer and inform them of this need in the form of an accommodation request. This request would likely need to include a doctor's recommendation of the additional time off. Keep in mind however that after the original 12 weeks is up, there are certain laws that do not obligate the employer to restore the employee's same position back to him or her upon their return.

In conclusion, disability leave and wrongful termination are complex areas of the law, which is why it would be useful to contact an Employment Lawyer. An Employment Lawyer who offers a free consultation with no up-front costs is the best kind of legal professional to contact. Each employment case is unique in its circumstances and facts, therefore an Employment Lawyer would be useful in the sense that they could tell a particular employee whether or not they have a case worth pursuing.

How people have fought against discrimination

How people have fought against discrimination

How people have fought against discrimination

Many employees face discrimination. The ADA, ADEA, Title VII Civil Rights Act and OSHA' s whistleblower laws help females, minorities, disabled or mentally challenged employees either get and keep their jobs. Also, any employee who files a complaint is protected by the OSHA' s whistleblower and civil rights laws.

Prior to 1960, there was a lot of discrimination. Presidents such as Abraham Lincoln, John F. Kennedy, and Vice-President Dan Quail have played a major role in alleviating discrimination.

President Abraham Lincoln ended slavery in 1898. This brought freedom to the African Americans. Title VII of the Civil Rights Act protects minorities, females, and employees in non-traditional professions keep their jobs. Non-traditional professions are a reference when female works in a traditionally male environment such as engineering, construction, computer field, etc. Also, it protects males that are in traditionally female professions such as nursing, daycare, hostess, etc.

President, John F. Kennedy played a vital role in the civil rights movement. The 1960's were years when African Americans and other minorities were recognized in employment places due to the Civil Rights Act. Martin Luther King and so many people spoke and publicized equal rights for all people. Without these movements, we would be stuck back in the 1960's where segregation played a role in society. I am glad we have diversity to be the number 1 nation in the world by contributing globally through American influences. Some of the American influences are the Army, Navy, Air-Force, and Marines plus USA companies going overseas. The USA is a role model for fairness when it comes to hiring a diversified workforce. A lot of societies are affected by blood is thicker than water, the caste system in India, and other racial differences. These type of attitudes does not help employees get fair treatment in other countries as well as in the USA.

Vice-President Dan Quail played a key role in creating the Joint Training Partnership Act(JTPA). This helped displaced employees such as homemakers, people who cannot get rehired in their field due to disabilities or attrition, single moms, etc. get training and help for daycare, gas expenses, etc. This has been replaced by other programs for youth, women, and men. I believe JTPA helped you train to your fullest potential. Current programs give you minimal training and low paying jobs, unlike the JTPA program.

My mom, Sandy Dwyer, worked closely with ADA organizations. She was a member of the USA Congress. She handled complaints in reference to ADA and Civil Rights Act. Many employees were terminated because of their differences. She has processed many complaints and tried to get their job back by mediation.

My mom has closely worked with BVR employees. BVR stands for Bureau of Vocational Rehabilitation. One of her clients had back problems. Due to her disability, she received a scholarship. Since my mom was a BVR contractor she was able to help this lady pass her math class to obtain her degree. There are many examples and miracles she was able to put in place.

The OSHA whistleblower act is a key because it protects employees and citizens from filing complaints against any company. Prior to working for Congress my mother, Sandy Dwyer, was a Senior Environmental Engineer. She would get many complaints from citizens. Her job was to inspect and process the complaints. One of the complaints was in reference to a sludge management plan. This was the practice of spreading manure on farm fields to help save money for farmers as well as meeting pollution prevention act to avoid irresponsible disposal or filling up landfills quickly. She found out a neighbor boy could not handle the smell and would set off his asthma attacks. She was able to show other forms of fertilization instead of manure spreading. All in all, everything was kept anonymous.

When it comes to laws California and New York set examples for rest of the states. I live in Ohio. California, New York, and Ohio are in the top 10 states for setting precedent on all laws including Civil Rights, ADA, whistleblower, and other acts.

When new laws are enacted it takes a long time to get them through the Congress. Implementation has to be accepted by each state before each city implements fairness laws.

America-USA is known to have the most lawyers compared to any country. Next is the UK. We surpass the UK in terms of lawsuits. I think having so many lawyers keeps all employees and firms on their toes. Because of lawyers and the legal system we are able to set an example to the rest of the world when it comes to diversity. Most of the world comes in contact with a US influence through the military, USA firms or retail firms such as McDonald's hamburgers and fries. Because of Civil Rights Act and diversity we hold no bars when it comes to going overseas and starting a business. Lawyers are utilized in this process to get the ball rolling overseas.

Thanks to law firms such as Steven and McMillan we as America, employees, and citizens are able to freely pursue any career without restrictions. Without law firms such as yours, only a few would benefit. Due to law firms like yours and our legal system we experience diversity and equal employment opportunities.

How The American Disability Act (ADA) has protected the disabled workers?

How The American Disability Act (ADA) has protected the disabled workers?

How The American Disability Act (ADA) has protected the disabled workers?

The American Disability Act (ADA) has increased the probability that disabled workers can be included in the workforce. No longer can businesses choose to not hire a job applicant because of autism, past episodes of cancer, or any major or long-term factor that hinders any major life activity (eg: vision, learning, walking, etc.). The passing of this law essentially made it more difficult for companies to pass over candidates with health complications that obstruct these candidates from executing major life activities like most people without a disability.

Prior to the ADA, it was acceptable for people with the incredible potential to be overlooked. What if the NFL barred Tim Tebow from playing in the league because he was dyslexic? Then, the thousands of people who received medical care at the Tebow CURE hospital might not be alive today. Tim Tebow's job in the NFL gave him the money necessary to create the Tim Tebow Foundation and ultimately the hospital in the Philippines. The ADA protected Tebow from discrimination based on a learning disability, allowing him to tap into his athletic potential, earn a sizeable salary, and create medical organizations to help improve the lives of thousands of people. Another example in popular culture of how the ADA has helped people with disabilities can be seen in the new drama on ABC dubbed The Good Doctor. Protagonist Shaun Murphy is an autistic surgeon. Despite Dr. Murphy's social impairments, Dr. Murphy is a brilliant medical professional, able to diagnose medical complications in seconds. The amount of lives Dr. Murphy can improve through proper medical diagnosis is astronomical, and his boss does his best to properly accommodate to Dr. Murphy's social needs for that reason. Prior to the ADA, Dr. Murphy could have been rejected from the hospital, as the director of the hospital has an obvious bias against Dr. Murphy. If a major television company can create a television drama that hinges on the ADA, then it must mean that this law has had an enormous impact on disabled workers in the workforce.

One specific improvement the ADA allowed for was that it gave people in wheelchairs the same opportunities for public transportation which can significantly better these people's performance in the workplace. Prior to the ADA, people with severe motor deficiencies had to abandon their wheelchairs if they wanted to ride a bus or train. Now, imagine being in this situation: a skilled, independently acting professional who must be carried around like an infant because of a neuromuscular deficiency or a spinal injury. It would make a person hate oneself for something that is out of one's control. I will bet that the proclivity to think negatively about oneself was probably extraordinarily high for disabled workers before the ADA existed. This negative thought pattern would logically decrease work productivity, (if the person with disabilities even had a job), increase negative affect, and plummet life satisfaction. With public transportation incorporating mechanisms to house wheelchaired individuals, this allows professionals to maintain a relatively normal social image, have a better self-confidence, and work more efficiently and passionately in the workplace.

The ADA is not only directly beneficial for people with disabilities, it is also indirectly beneficial because of how it helps businesses generate revenue. For instance, handicap accessible walkways and elevators not only allow physically handicapped individuals an easier means of navigation, but it also helps all types of people: people pushing strollers, people navigating a heavy cart, people who have chronic back pain, etc. The inclusivity of physically handicap accessible structures encourages more people to go to a certain place, such as a University or a theme park, and the increased attendance generates surplus revenue to cover the costs to create these structures. In other words, complying with the ADA positively impacts those who do not have a disability and those who experience the disability. Another example of this is the hiring of sign language interpreters. Since the 2008 financial crisis, United States citizens have been recovering from significant unemployment levels. Augmenting this, technology automation has also led to a decrease in available jobs. Thankfully, the need for sign language interpreters has not become automated, and the hiring of these individuals, although costly for a corporation or not-for-profit institution, pays dividends to the deaf community in the workforce. Actress Marlee Matlin, the only deaf actress to win the Best Actress in a Leading Role Academy Award, demonstrates the need to accommodate people with disabilities. Matlin's success shows that some people with incredible talent need help to overcome their barriers so that they can share that potential with the world. Giving necessary resources to people with disabilities allows this to happen, and it not only benefits the people with disabilities, but it also benefits the community around those people, as thousands of people have enjoyed Matlin's performance in Children of a Lesser God.

Prior to the ADA, a person with a disability could barely find a job, a place to eat, or a means to get to either a place to work or a place to dine. People with disabilities could not efficiently navigate the cities, and if they got to the place of interest, they would have to also overcome the social embarrassment associated with their disability. Now, people with disabilities have more opportunities. The ADA promises to enforce that all people with disabilities should have an equal chance of getting a job and achieving their goals in life. The ADA allows people with disabilities to have the same access to public facilities and transportation as everyone else, thereby giving these people a life that is relatively normal and full of potential. Granted, people with disabilities are still statistically more unemployed than their regularly functioning counterparts, and public transportation and facilities are still not completely handicap accessible, but progress has been made. People with disabilities have countless more opportunities today than they did before 1990, and the increase in national organizations that are fighting for the rights of people with disabilities is a promising sign that the importance of ADA will not fade as time passes.