Practice Areas

DISCRIMINATION

Discrimination in the workplace occurs on a daily basis. Our attorneys strive to eliminate such discrimination. Some of the classifications protected against unlawful discrimination include:

  • Age
  • Race
  • Gender
  • National Origin
  • Color
  • Religion
  • Disability
  • Sexual Orientation
  • Pregnancy
  • FMLA and CFRA

The various rules and regulations protecting employees from discrimination are complex and can seem overwhelming. At Clark & Divakaran, we guide our clients through all facets of their discrimination case and make sure their rights are fully protected. Contact our firm to see if we can assist you in holding your employer responsible for its wrongful actions.

WRONGFUL TERMINATION

In California, employment is presumed to be at-will, meaning that an employer can terminate an employee for practically any reason or no reason at all. Wrongful termination occurs when the employer terminates (or in some cases simply takes adverse action against) an employee in violation of some particular law or clear public policy. Some illegal reasons include:

  • Discrimination
  • Threatening to Report Illegal Company Activity
  • Filing a Workers’ Compensation Claim
  • Other Reasons (e.g. Whistleblowing, Advocating Equal Pay, etc.)

If you have been terminated or laid off and believe that it was due to retaliation, discrimination, or some other illegal practice, contact our firm to discuss your issue.

DISABILITY DISCRIMINATION

Under Federal and State laws, individuals with disabilities are entitled to certain protections. As a protected classification, it is illegal to discriminate against a disabled individual with respect to the terms or conditions of employment (i.e. termination, demotion and/or write-up). Further, an employer may be required to take part in an “interactive process” to determine the availability and/or need for a reasonable accommodation for disabled employees. Unfortunately, determining whether an individual has a qualified disability under the laws, including the Americans with Disabilities Act and/or the Fair Employment and Housing Act, is not a simple question. If you’re working with a physical or mental impairment, contact our firm to see if you are entitled to legal protection.

HARASSMENT

Employees have frequently been subject to harassment in the workplace at the hands of their employers and fellow co-workers. Both Federal and State law prohibit a wide range of harassment, from verbal and physical abuse to unwelcome sexual advances. However, harassment claims are largely dependent on the specific facts and circumstances surrounding each individual’s case. Please contact our firm if you feel that you have been harassed or mistreated at work so that we can discuss the legal remedies that may be available to you.

RETALIATION

An employer can be held liable for retaliatory actions taken against employees who engage in certain protected activities. Such activities include, but are not limited to, complaining of or opposing discrimination and/or harassment in the workplace. In addition, employees who assist others in engaging in such protected activity may also have claims against an employer for retaliation. If you feel you have been subject to retaliatory acts by your employer please contact our firm for consultation.

WHISTLEBLOWER

While similar to cases of retaliation, whistleblower claims arise out of slightly different circumstances. Whistleblower protection may apply to employees who report an employer’s violations of law(s) to a government agency, and subsequently suffer from some adverse employment action (i.e. termination, demotion and/or write-up). Unlike private employees, government employees are not required to report an employer’s violations to an outside agency. Please contact our firm to determine if you qualify for whistleblower protection.

DEFAMATION

Employees may have actionable claims for defamation against former employers that have made false statements at the time of termination, or who have made adverse post-employment references that negatively affect an employee’s future job prospects. Such statements often damage an employee’s reputation, making finding a new job extremely difficult. If you believe that your employer has engaged in such unlawful conduct, please contact our firm so that we can assist you in holding them responsible.

WAGE AND HOUR

Both State and Federal laws protect employees from wage and hour violations. Such violations often affect an entire class of workers, not just one employee. Subject to certain exemptions, violations can include:

  • Failure to pay overtime
  • Being required to work through meal and rest periods
  • Being required to report to work but not being paid for the time you had to wait, and
  • Being terminated for complaining about such violations.

If you believe your employer has violated wage and hour laws, contact us for a free consultation.