# Minnis & Smallets LLP > San Francisco Employment Law Firm --- ## Pages - [Molly Giguiere](https://www.minnisandsmallets.com/meet-our-team/molly-giguiere/): Meet Molly, an associate attorney at our San Francisco Employment Law Firm dedicated to protecting employee rights. Reach out today to hear how we can help. - [Service Areas](https://www.minnisandsmallets.com/service-areas/): San Francisco labor & employment lawyers advocating for employee rights, discrimination claims, wage disputes, and workplace justice with personalized legal guidance and strong representation. - [FAQ](https://www.minnisandsmallets.com/faq/): Minnis & Smallets LLP recognizes the many questions that arise in employment law issues. Contact our San Mateo wrongful termination lawyers to begin. - [Meet Our Team](https://www.minnisandsmallets.com/meet-our-team/): If you’re and employee seeking dependable legal representation, you need to carefully assess your options. Minnis & Smallets LLP is a team of Sa Mateo discrimination lawyers dedicated to helping our clients through challenging legal situations. Discover our team to see how we can assist you. - [Aaron Minnis](https://www.minnisandsmallets.com/meet-our-team/aaron-minnis/): When you’re facing a difficult legal case, you need the guidance of a top San Francisco discrimination attorney. Aaron Minnis of Minnis & Smallets LLP is dedicated to helping employees find a resolution to their legal case. Call today for a consultation. - [Debby Katzowitz](https://www.minnisandsmallets.com/meet-our-team/debby-katzowitz/): Debby Katzowitz is an experienced attorney at Minnis & Smallets working on the behalf of employees facing complex legal issues. She utilizes her more than 25 years of experience to guide employees towards effective resolutions. Call today to schedule a consultation with our seasoned Oakland harassment lawyer. - [Evan Ettinghoff](https://www.minnisandsmallets.com/meet-our-team/evan-ettinghoff/): Evan Ettinghoff is an associate at Minnis & Smallets LLP. He represents employees in a range of employment cases as their dependable Oakland discrimination lawyer. Call today to speak with Mr. Ettinghoff. - [Sonya Smallets](https://www.minnisandsmallets.com/meet-our-team/sonya-smallets/): Sonya Smallets is a partner at Minnis & Smallets LLP. She represents employees who have faced discrimination, harassment and wrongful termination, so if you need experienced legal council, contact our top San Francisco harassment lawyers. - [Race Discrimination](https://www.minnisandsmallets.com/practice-areas-employment-law/discrimination-lawyers-san-francisco/san-francisco-race-discrimination-attorney/): To speak with an experienced San Francisco discrimination attorney about filing a race discrimination claim, please contact our legal team today. - [Age Discrimination](https://www.minnisandsmallets.com/practice-areas-employment-law/discrimination-lawyers-san-francisco/san-francisco-age-discrimination-lawyers/): If you were discriminated against as an applicant or an employee because of your age, you could be eligible for damages. Please contact Oakland discrimination attorney to learn more about filing your own claim. - [Sex Discrimination](https://www.minnisandsmallets.com/practice-areas-employment-law/discrimination-lawyers-san-francisco/sexual-discrimination/): Sex discrimination is illegal under California and federal law, but many employees don’t know their rights or legal remedies. If you have questions about your situation, contact an Oakland sex discrimination lawyer today to set up a free consultation. - [Workplace Discrimination](https://www.minnisandsmallets.com/practice-areas-employment-law/unlawful-termination/workplace-discrimination/): If your career and quality of life has suffered because you have faced workplace discrimination in California, we may be able to help your situation. Call Minnis & Smallets LLP to speak with a seasoned San Francisco discrimination lawyer. - [Contract Review and Negotiation](https://www.minnisandsmallets.com/contract-review-and-negotiation/): An employment contract is a legally binding agreement that often holds tiny details that you may overlook. Before signing an employment contract, review your document with a knowledgeable San Francisco harassment attorney. Contact Minnis & Smallets LLP for quality assistance. - [Breach of Contract](https://www.minnisandsmallets.com/breach-of-contract-lawyer-san-francisco-california/): Employees expect their contracts to be upheld, so if you suspect that your employer has committed a breach of contract, you may be greatly concerned for your financial and professional wellbeing. Contact our Oakland discrimination lawyers to discuss your circumstances. - [Fee Arrangements](https://www.minnisandsmallets.com/our-firm/fee-arrangements/): Minnis & Smallets LLP is committed to providing payment options that suit our clients’ varying financial needs. We are able to set up fee arrangements to make paying for our services easier. Call our San Francisco discrimination attorneys to get started. - [Thank You](https://www.minnisandsmallets.com/thank-you/): Thank you for getting in touch with us at Minnis & Smallets LLP. Our San Mateo harassment attorney will be in contact with you shortly. - [Ajax Form](https://www.minnisandsmallets.com/ajax-form/): Here is the ajax form for Minnis & Smallets LLP, your most trusted San Francisco discrimination lawyers. Contact our firm for a consultation. - [Sitemap](https://www.minnisandsmallets.com/sitemap/): Here is the sitemap for the Minnis & Smallets LLP website. Call our San Francisco employment law attorneys if you need help with your case. - [Disclaimer](https://www.minnisandsmallets.com/disclaimer/): The information you have read and gathered from this site is not considered legal advice. Call our San Mateo discrimination lawyers for a consultation. - [Blog](https://www.minnisandsmallets.com/blog/): Thank you for reading the blogs we have posted on the Minnis & Smallets LLP website. Call us at 415-551-0885 to schedule an appointment with a San Mateo harassment lawyer. - [Pregnancy Discrimination](https://www.minnisandsmallets.com/practice-areas-employment-law/discrimination-lawyers-san-francisco/pregnancy-discrimination/): Pregnancy Discrimination Lawyers in California: We have successfully defended the legal rights of many employees who have been discriminated against. - [Working Together - Our Process](https://www.minnisandsmallets.com/our-firm/working-together-process-employment-lawyers/): When you work with Minnis & Smallets, SF employment lawyers, you can be confident that we will listen to and communicate with you throughout the process - [Other Unlawful Harassment](https://www.minnisandsmallets.com/practice-areas-employment-law/harassment/other-unlawful-harassment/): Workplace Unlawful Harassment Lawyers, San Francisco: Employees have a legal right to a workplace free of unlawful harassment. Learn more now. - [Leaves of Absence and Other Workplace Accommodations](https://www.minnisandsmallets.com/practice-areas-employment-law/leaves-of-absence-and-other-workplace-accommodations/): Learn more about the different leaves of absence available for employees, protected by California Law. - [Reasonable Accommodations](https://www.minnisandsmallets.com/practice-areas-employment-law/discrimination-lawyers-san-francisco/reasonable-accommodations/): Employers have to make reasonable accommodations for employees with disabilities. If your request was denied, call the San Francisco discrimination attorneys at Minnis & Smallets LLP. - [Compensation Issues](https://www.minnisandsmallets.com/practice-areas-employment-law/compensation-issues/): Compensation issues affect employees quality of life. The San Francisco attorneys at Minnis & Smallets LLP are here to help those employees affected by compensation issues in the Bay Area. Call our San Francisco harassment lawyers now. - [Non-Payment of Wages](https://www.minnisandsmallets.com/practice-areas-employment-law/compensation-issues/non-payment-of-wages/): Non Payment of Wages Lawyers San Francisco: Has your employer failed to pay you all of the wages earned. We have successfully represented many … - [Non-Payment of Bonuses](https://www.minnisandsmallets.com/practice-areas-employment-law/compensation-issues/non-payment-of-bonuses/): Non-Payment of Bonuses: Employers may not neglect or refuse to pay bonuses owed to their employees. We help you to recover unpaid bonuses and advise... - [Non-Payment of Commissions](https://www.minnisandsmallets.com/practice-areas-employment-law/compensation-issues/non-payment-of-commissions/): Unpaid, Non-Payment of Commissions: California law protects employees who have been promised commissions by their employers. Learn more: 415.551.0885 - [Unlawful Termination](https://www.minnisandsmallets.com/practice-areas-employment-law/unlawful-termination/): Do you think you were fired unfairly or illegally? Contact us - we have years of experience protecting clients against unlawful termination from their jobs - [Discrimination](https://www.minnisandsmallets.com/practice-areas-employment-law/discrimination-lawyers-san-francisco/): We are Workplace Discrimination Lawyers and powerful advocates for employees who have suffered discrimination at work. Confidential: (415) 551-088 - [Whistleblowing](https://www.minnisandsmallets.com/practice-areas-employment-law/unlawful-termination/whistleblowing/): Corporate Whistleblowers & Whistleblowing: Employees who report employer misconduct are legally protected as whistleblowers from employer retaliation - [Breach of Contract](https://www.minnisandsmallets.com/practice-areas-employment-law/unlawful-termination/breach-of-contract/): Breach of Contract Lawyers: California law protects employees from breach of contract by employers when a legally binding employment contract exists. - [Client Reviews](https://www.minnisandsmallets.com/reviews/): Read client reviews of our process, care, and powerful legal protection to see if we're the right fit for your workplace issue. - [Home](https://www.minnisandsmallets.com/): Super Lawyers Aaron Minnis and Sonya Smallets take care of your employment dispute needs in San Francisco, surrounding regions, and Silicon Valley. - [Harassment](https://www.minnisandsmallets.com/practice-areas-employment-law/harassment/): Employment Attorneys in SF equipped to deal with harassment in the workplace - contact us if you feel like you've been harassed and need protection. - [Disability Discrimination](https://www.minnisandsmallets.com/practice-areas-employment-law/discrimination-lawyers-san-francisco/disability-discrimination-lawyers-san-francisco/): Employees who have been subjected to workplace disability discrimination are protected by law. Contact us if you’ve been discriminated against in this way.. - [Retaliation](https://www.minnisandsmallets.com/practice-areas-employment-law/unlawful-termination/workplace-retaliation-lawyers-san-francisco/): Workplace Retaliation Lawyers San Francisco: Employees are protected from retaliation when they object, refuse to participate in, or complain about… - [Family and Medical Leave](https://www.minnisandsmallets.com/practice-areas-employment-law/leaves-of-absence-and-other-workplace-accommodations/family-and-medical-leave-claims/): Family and Medical Leave, FMLA, Lawyers San Francisco: Employees are entitled to take Family & Medical Leave under certain circumstances. Learn more. - [Pregnancy Leave](https://www.minnisandsmallets.com/practice-areas-employment-law/leaves-of-absence-and-other-workplace-accommodations/pregnancy-leave/): Pregnancy Disability Leave Act California: It’s illegal to retaliate against employees for requesting / taking pregnancy disability leave. Learn more. - [Severance and Separation Agreements](https://www.minnisandsmallets.com/severance-agreements/): An Employment Severance & Separation Agreement in California can be lengthy and complex. We have advised many executives, professionals, & employees… - [Sexual Harassment](https://www.minnisandsmallets.com/practice-areas-employment-law/harassment/sexual-harassment/): Sexual Harassment Lawyers San Francisco: We have represented many executives, professionals, & employees who have been harassed at work. Learn more… - [Wrongful Termination](https://www.minnisandsmallets.com/practice-areas-employment-law/unlawful-termination/wrongful-termination-lawyers-san-francisco/): Wrongful Termination Lawyers: Employers are not allowed to terminate employees for reasons violating California laws & regulations. Learn more… - [Contact Us Today](https://www.minnisandsmallets.com/contact/): Do you need the assistance of an experienced San Francisco discrimination lawyer? Call Minnis & Smallets LLP to schedule an initial consultation today. Their office is located in the San Francisco Financial District. - [Practice Areas](https://www.minnisandsmallets.com/practice-areas-employment-law/): Employment law firm founded on years of experience and a deep belief in personal service. We work as advocates for employees all over the Bay Area. - [Our Firm](https://www.minnisandsmallets.com/our-firm/): Our experienced attorneys help Bay Area employees navigate complex and difficult circumstances in the workplace, and provide legal protection. --- ## Posts - [What Protections Exist for Employees Who Report Harassment? ](https://www.minnisandsmallets.com/what-protections-exist-for-employees-who-report-harassment/): California employees who report harassment have legal protections against retaliation. Learn what the law covers and how Minnis & Smallets LLP can help. - [How Do California Employees Qualify for Paid Family Leave?](https://www.minnisandsmallets.com/how-do-california-employees-qualify-for-paid-family-leave/): Minnis & Smallets LLP assists employees who’ve been denied their entitled paid family leave. Contact us for a case evaluation. - [What Factors Influence the Value of a Discrimination Lawsuit?](https://www.minnisandsmallets.com/what-factors-influence-the-value-of-a-discrimination-lawsuit/): Calculating the value of a discrimination lawsuit can be complex. Minnis & Smallets LLP helps employees understand their options. - [Can Applicants Be Denied a Job Because of a Disability?](https://www.minnisandsmallets.com/can-applicants-be-denied-a-job-because-of-a-disability/): Minnis & Smallets LLP discusses how California law protects job applicants with disabilities and what legal options are available. - [Whistleblower Rights and Retaliation Protections in California Workplaces](https://www.minnisandsmallets.com/whistleblower-rights-and-retaliation-protections-in-california-workplaces/): Learn about California whistleblower rights, what counts as protected activity and how Minnis & Smallets LLP helps employees fight workplace retaliation. - [What Are Examples of Quid Pro Quo Harassment at Work?](https://www.minnisandsmallets.com/what-are-examples-of-quid-pro-quo-harassment-at-work/): Learn what constitutes quid pro quo harassment, from promised promotions to threats of firing. Prove this workplace violation with Minnis & Smallets LLP. - [When Is Firing an Employee Unlawful in California?](https://www.minnisandsmallets.com/when-is-firing-an-employee-unlawful-in-california/): Wrongful termination is a serious issue that jeopardizes employees’ financial well-being. Contact Minnis & Smallets LLP for a consultation. - [Understanding California’s Family and Medical Leave Laws (CFRA, FMLA, and Paid Sick Leave Explained)](https://www.minnisandsmallets.com/understanding-californias-family-and-medical-leave-laws-cfra-fmla-and-paid-sick-leave-explained/): Both the FMLA and the CFRA offer protection for employees who need medical leave. Minnis & Smallets LLP discusses the differences. - [Is It Possible to Return to Work After Quitting Over Intolerable Conditions?](https://www.minnisandsmallets.com/is-it-possible-to-return-to-work-after-quitting-over-intolerable-conditions/): Minnis & Smallets LLP is dedicated to helping employees seek their previous job positions after quitting due to intolerable conditions. - [How Should Employees Handle Demotion After Disclosing a Disability?](https://www.minnisandsmallets.com/how-should-employees-handle-demotion-after-disclosing-a-disability/): Employees in the Bay Area facing a demotion after disclosing a disability can rely on Minnis & Smallets LLP for dedicated legal support and protection of their rights. - [What Does Discrimination Look Like During the Hiring Process?](https://www.minnisandsmallets.com/what-does-discrimination-look-like-during-the-hiring-process/): Discrimination in the hiring process can be subtle. Learn about the signs and take action with Minnis & Smallets LLP. - [How Are Quid Pro Quo and Hostile Environment Different in a Harassment Case?](https://www.minnisandsmallets.com/how-are-quid-pro-quo-and-hostile-environment-different-in-a-harassment-case/): Employees should know the legal differences between quid pro quo and hostile work environment harassment. Consult with Minnis & Smallets LLP for further guidance. - [Can I Anonymously Report Workplace Sexual Harassment?](https://www.minnisandsmallets.com/can-i-anonymously-report-workplace-sexual-harassment/): Reporting sexual harassment takes courage. San Francisco sexual harassment lawyers assist employees in navigating the process of filing a claim. - [What Should Employees Do When Their Boss Is Pressuring Them to Retire?](https://www.minnisandsmallets.com/what-should-employees-do-when-their-boss-is-pressuring-them-to-retire/): Employees facing pressure to retire can advocate for themselves alongside a San Mateo age discrimination attorney at Minnis & Smallest LLP. - [What Proof Do Whistleblowers Need?](https://www.minnisandsmallets.com/what-proof-do-whistleblowers-need/): Whistleblowers are brave individuals who often face retaliation when reporting workplace violations. A San Francisco whistleblower lawyer can assist. - [Which Family Members Are Covered Under California's Medical Leave Laws?](https://www.minnisandsmallets.com/which-family-members-are-covered-under-californias-medical-leave-laws/): Employees in California can learn about their rights to medical leave with a San Francisco CFRA retaliation lawyer at Minnis & Smallets LLP. - [What Are My Options If I Was Fired for Taking Medical Leave?](https://www.minnisandsmallets.com/what-are-my-options-if-i-was-fired-for-taking-medical-leave/): Medical leave laws allow employees to care for loved ones without losing their job. Contact a Palo Alto FMLA attorney to review options in the case of retaliation. - [Is It Legal for My Boss to Monitor My Work Emails and Messages? ](https://www.minnisandsmallets.com/is-it-legal-for-my-boss-to-monitor-my-work-emails-and-messages/): While employers can monitor their employees’ communications, the law protects workers from privacy violations. Speak to Oakland employment lawyers for advice. - [How Long Does Maternity Leave Last in California?](https://www.minnisandsmallets.com/how-long-does-maternity-leave-last-in-california/): Pregnant employees in California should understand their right to maternity leave. Discuss with our San Francisco CFRA lawyers at Minnis & Smallets LLP. - [Can Employers Deny Requests for Reasonable Accommodations?](https://www.minnisandsmallets.com/can-employers-deny-requests-for-reasonable-accommodations/): Employees facing denied disability accommodation requests can address the matter with a San Mateo employment lawyers at Minnis & Smallets LLP. - [What Are the Stages of a Workplace Harassment Investigation?](https://www.minnisandsmallets.com/what-are-the-stages-of-a-workplace-harassment-investigation/): Employees filing a harassment claim should know what to expect during the workplace investigation process. Prepare for the next steps with Marin County harassment lawyers. - [What Are Subtle Signs of Retaliation at Work? ](https://www.minnisandsmallets.com/what-are-subtle-signs-of-retaliation-at-work/): Workplace retaliation often occurs in the form of harassment or termination, but sometimes, the signs are more subtle. Address the situation with a Bay Area retaliation lawyer. - [How Can Employees Show They've Received Unequal Pay in California?](https://www.minnisandsmallets.com/how-can-employees-show-theyve-received-unequal-pay-in-california/): Employees should understand their rights under the California Equal Pay Act. Consult with a San Francisco employment lawyer at Minnis & Smallets LLP. - [Senate Bill 642 Expands Protections Under California’s Equal Pay Act](https://www.minnisandsmallets.com/senate-bill-642-expands-protections-under-californias-equal-pay-act/): Minnis & Smallets LLP, a San Francisco gender discrimination attorney, advocates for SB 642 and its extended protections against pay disparities. - [How Can I Prove My Employer Failed to Prevent a Hostile Work Environment?](https://www.minnisandsmallets.com/how-can-i-prove-my-employer-failed-to-prevent-a-hostile-work-environment/): Employers have a responsibility to address a hostile work environment. A San Mateo harassment attorney at Minnis & Smallets LLP can help protect employee rights. - [How Can an Attorney Help If I Was Wrongfully Denied a Promotion?](https://www.minnisandsmallets.com/how-can-an-attorney-help-if-i-was-wrongfully-denied-a-promotion/): Experienced Palo Alto discrimination attorneys at Minnis & Smallets LLP protect employee rights and offer solutions for workplace injustices. - [Sonya Smallets Testifies Before California Senate Committee in Support of Expanding the Protections of California’s Equal Pay Act](https://www.minnisandsmallets.com/sonya-smallets-testifies-before-california-senate-committee-in-support-of-expanding-the-protections-of-californias-equal-pay-act/): San Francisco employment attorney Sonya Smallets testified before the California Senate in support of SB 642 to strengthen the Equal Pay Act. Learn how expanded protections could impact your rights and how our San Francisco law firm can help with pay discrimination cases. - [What Is Considered Harassment in the Workplace?](https://www.minnisandsmallets.com/what-is-considered-harassment-in-the-workplace/): Employees should recognize what constitutes harassment under the law. Our San Francisco harassment attorneys at Minnis & Smallets LLP offer insight. Title Tag: - [How Can Employees Ease the Stress of Sharing Their Pregnancy News with Their Employer?](https://www.minnisandsmallets.com/how-can-employees-ease-the-stress-of-sharing-their-pregnancy-news-with-their-employer/): Ease stress sharing pregnancy news by knowing legal rights and advocating for fair treatment. Consult an Oakland pregnancy discrimination lawyer at Minnis & Smallets LLP - [Do Protections Against Employment Discrimination Include Hairstyles?](https://www.minnisandsmallets.com/do-protections-against-employment-discrimination-include-hairstyles/): Recent California legislation has expanded racial discrimination to include hairstyles. Understand what this means with our San Jose race discrimination attorney at Minnis & Smallets LLP. - [Does a Workplace Discrimination Claim Have to Involve a Difference in Pay or Benefits?](https://www.minnisandsmallets.com/does-a-workplace-discrimination-claim-have-to-involve-a-difference-in-pay-or-benefits/): Workplace discrimination claims can be difficult to navigate. Consult with a Bay Area discrimination attorney at Minnis & Smallets LLP. - [Are Employees Required to Use Vacation Time Before Paid Sick Leave?](https://www.minnisandsmallets.com/are-employees-required-to-use-vacation-time-before-paid-sick-leave/): Employees in California can now access state-paid family leave without using their paid vacation time. Discuss with a San Francisco employment attorney at Minnis & Smallets LLP. - [Can Employees Refuse to Work in Emergency Conditions?](https://www.minnisandsmallets.com/can-employees-refuse-to-work-in-emergency-conditions/): At Minnis & Smallets LLP, our San Francisco employment lawyer helps employees recognize their rights in emergency situations. - [What is Intersectionality in Discrimination Claims?](https://www.minnisandsmallets.com/what-is-intersectionality-in-discrimination-claims/): Our Alameda discrimination lawyer at Minnis & Smallets LLP helps employees understand the significance of intersectionality in California discrimination claims. - [How Will California's New Laws Change Paid Sick Leave in 2025?](https://www.minnisandsmallets.com/how-will-californias-new-laws-change-paid-sick-leave-in-2025/): Changes in California’s legislation affect employee sick leave. Understand available rights with a San Mateo employment lawyer at Minnis & Smallets LLP. - [What is Constructive Dismissal, and How Can It Be Proved?](https://www.minnisandsmallets.com/what-is-constructive-dismissal-and-how-can-it-be-proved/): Minnis & Smallets LLP, as Bay Area wrongful termination lawyers, support employees facing constructive dismissal, empowering them to pursue justice and protect their rights. - [How Should Employees Address Microaggressions in the Workplace?](https://www.minnisandsmallets.com/how-should-employees-address-microaggressions-in-the-workplace/): Minnis & Smallets LLP, a San Francisco discrimination attorney firm, is dedicated to supporting employees facing microaggressions and workplace discrimination by offering legal guidance and representation. - [Can Workers Be Fired for Reporting Unsafe Conditions?](https://www.minnisandsmallets.com/can-workers-be-fired-for-reporting-unsafe-conditions/): For individuals seeking justice after experiencing wrongful workplace actions, a San Francisco retaliation attorney at Minnis & Smallets LLP can provide guidance. - [Who Is Protected from Age Discrimination in the Workplace?](https://www.minnisandsmallets.com/who-is-protected-from-age-discrimination-in-the-workplace/): Minnis & Smallets LLP offers skilled representation through a San Francisco age discrimination lawyer to help protect the rights of employees facing age-related workplace issues. - [Can an Employer Deny a Request for Medical Leave?](https://www.minnisandsmallets.com/can-an-employer-deny-a-request-for-medical-leave/): Employees who are facing a denial of medical leave should consult with a San Francisco FMLA attorney at Minnis & Smallets LLP. We can help individuals determine if their medical leave was wrongfully denied. - [What is an EEOC Right to Sue Letter?](https://www.minnisandsmallets.com/what-is-an-eeoc-right-to-sue-letter/): The EEOC Right to Sue letter is a key part of many employment law cases. For assistance with employment discrimination cases, contact a San Francisco employment lawyer at Minnis & Smallets LLP. - [How are California Employees Protected from Gender Discrimination?](https://www.minnisandsmallets.com/how-are-california-employees-protected-from-gender-discrimination/): If an employee is facing gender discrimination in the workplace, consulting with an experienced Oakland gender discrimination attorney can help them understand their rights and navigate the legal landscape effectively. - [Denied Maternity Leave: What Should an Employee Do?](https://www.minnisandsmallets.com/denied-maternity-leave-what-should-an-employee-do/): For those experiencing difficulties with maternity leave requests, consulting Oakland FMLA lawyers can provide essential legal support and guidance to navigate the complexities of maternal rights under California law. - [What Is a Protected Characteristic Under FEHA?](https://www.minnisandsmallets.com/what-is-a-protected-characteristic-under-feha/): Minnis & Smallets LLP provides guidance as a San Francisco employment attorney, ensuring employees' rights are protected under FEHA. - [What Questions Should Employees Ask Their Potential Attorney?  ](https://www.minnisandsmallets.com/what-questions-should-employees-ask-their-potential-attorney/): The San Mateo employment lawyers at Minnis & Smallets LLP strategically guide employees through legal disputes with their employer. Call to learn more. - [What Should Mothers Know About Their Rights in the Workplace?](https://www.minnisandsmallets.com/what-should-mothers-know-about-their-rights-in-the-workplace/): For comprehensive support and advocacy, mothers facing workplace challenges should consult a knowledgeable San Francisco employment lawyer at Minnis & Smallets LLP. - [How Can Employees File a Complaint with California’s DFEH?](https://www.minnisandsmallets.com/how-can-employees-file-a-complaint-with-californias-dfeh/): Consult with a San Francisco discrimination attorney at Minnis & Smallets LLP for personalized guidance through the complexities of employment law. - [Can Social Media Posts Impact an Employment Law Case?](https://www.minnisandsmallets.com/can-social-media-posts-impact-an-employment-law-case/): Social media can impact an employment law case, potentially being used to support the employee's claims. Contact Minnis & Smallets LLP to speak with a dedicated San Francisco employment attorney. - [What Makes a Termination Wrongful Under California Law?](https://www.minnisandsmallets.com/what-makes-a-termination-wrongful-under-california-law/): Employees facing wrongful termination issues in California should reach out to a San Francisco wrongful termination attorney at Minnis & Smallets LLP. - [Could Social Media Posts Impact an Employment Law Case?](https://www.minnisandsmallets.com/could-social-media-posts-impact-an-employment-law-case/): For representation that navigates the complexities of how social media impacts employment law, trust a San Francisco employment lawyer at Minnis & Smallets LLP. - [Who Is Eligible for Maternity and Paternity Leave Under the CFRA?](https://www.minnisandsmallets.com/who-is-eligible-for-maternity-and-paternity-leave-under-the-cfra/): For personalized guidance through California's maternity and paternity leave laws, consult with an Oakland employment attorney at Minnis & Smallets LLP. - [What Damages Can Be Recovered in a Discrimination Case?](https://www.minnisandsmallets.com/what-damages-can-be-recovered-in-a-discrimination-case/): For guidance through discrimination cases and comprehensive legal support, Minnis & Smallets LLP is a trusted team of San Francisco employment attorneys. - [What Are Ways to Prepare For the First Meeting With An Employment Law Attorney?](https://www.minnisandsmallets.com/what-are-ways-to-prepare-for-the-first-meeting-with-an-employment-law-attorney/): Preparing for the initial meeting with a San Francisco employment lawyer is pivotal in addressing workplace issues effectively and safeguarding one’s rights. - [What Are Forms Of Non-Physical Sexual Harassment?](https://www.minnisandsmallets.com/what-are-forms-of-non-physical-sexual-harassment/): For guidance on navigating workplace harassment, contact a dedicated San Francisco employment lawyer at Minnis & Smallets LLP today. - [Sonya Smallets Featured in Super Lawyers](https://www.minnisandsmallets.com/sonya-smallets-featured-in-super-lawyers/): Sonya Smallets, a partner at Minnis & Smallets LLP, has recently been quoted extensively in three articles showcased on the... - [What Can and Can't Employers Ask During An Interview?](https://www.minnisandsmallets.com/what-can-and-cant-employers-ask-during-an-interview/): Minnis & Smallets LLP, a team of San Francisco employment lawyers, aims to guide job applicants through complex discrimination laws, ensuring a fair and lawful hiring process. - [Can My Employer Request A Doctor’s Note For Time Off?](https://www.minnisandsmallets.com/can-my-employer-request-a-doctors-note-for-time-off/): At Minnis & Smallets LLP, our Silicon Valley employment lawyers are committed to understanding and addressing individual client needs, providing reliable guidance through the complexities of California sick leave laws and protecting employee rights. - [How Has the Work From Home Environment Impacted Sexual Harassment?](https://www.minnisandsmallets.com/how-has-the-work-from-home-environment-impacted-sexual-harassment/): At Minnis & Smallets LLP, our San Francisco sexual harassment lawyers are dedicated to protecting the rights of individuals experiencing any form of sexual harassment in the remote workplace, advocating for a safe, respectful, and inclusive working environment. - [What Are the Pros and Cons of At-Will Employment?](https://www.minnisandsmallets.com/what-are-the-pros-and-cons-of-at-will-employment/): Minnis & Smallets LLP is dedicated to helping workers understand their rights under at-will employment. Call our San Francisco employment attorneys for a consultation. - [Are California Employees Required to Report a Pregnancy to Their Employer?](https://www.minnisandsmallets.com/are-california-employees-required-to-report-a-pregnancy-to-their-employer/): At Minnis & Smallets LLP, our accomplished pregnancy discrimination attorneys are committed to guiding employees through the intricacies of employment law, ensuring they understand their rights and protections during pregnancy. - [Attorney Evan Ettinghoff Awarded "Outstanding Barrister"](https://www.minnisandsmallets.com/attorney-evan-ettinghoff-awarded-outstanding-barrister/): Evan has actively participated in the Barristers Labor & Employment Law Section for six years and presently serves as the... - [Identifying Wrongful Termination: What Are the Signs?](https://www.minnisandsmallets.com/identifying-wrongful-termination-what-are-the-signs/): Minnis & Smallets LLP, armed with extensive experience and a personalized approach, are reliable Oakland wrongful termination lawyers ready to protect employee rights. - [How Can Employees Identify Workplace Retaliation?](https://www.minnisandsmallets.com/how-can-employees-identify-workplace-retaliation/): Minnis & Smallets LLP is a team of experienced San Mateo workplace retaliation attorneys dedicated to representing employees impacted by unfair treatment at work. - [What Steps Should Employees Take After Being Fired From a Job?](https://www.minnisandsmallets.com/what-steps-should-employees-take-after-being-fired-from-a-job/): Minnis & Smallets LLP is a trusted San Mateo wrongful termination law firm dedicated to providing comprehensive support. - [Workplace Harassment in the Digital Age](https://www.minnisandsmallets.com/workplace-harassment-in-the-digital-age/): Any type of workplace harassment is unlawful and unacceptable, even if you have a digital work environment. If your rights were violated, contact a Bay Area workplace discrimination attorney. - [The Difference between Direct and Indirect Discrimination](https://www.minnisandsmallets.com/the-difference-between-direct-and-indirect-discrimination/): Too many employees experience direct or indirect discrimination from an employer, which can result in financial and emotional harm. A Bay Area workplace discrimination attorney is ready to help. - [Signs of Age Discrimination](https://www.minnisandsmallets.com/signs-of-age-discrimination/): Do you believe your employer is engaging in unlawful age discrimination? Protect your career and legal rights by discussing your concerns with an experienced California employment lawyer. - [Do Mental Health Conditions Qualify for FMLA?](https://www.minnisandsmallets.com/do-mental-health-conditions-qualify-for-fmla/): Some employers fail to approve FMLA time when it is appropriate, and employees should stand up for their rights to take qualified leave. Speak with a California employment lawyer today. - [When to Negotiate a Severance Package](https://www.minnisandsmallets.com/when-to-negotiate-a-severance-package/): Severance agreements are not always in an employee’s best interests. You should discuss whether to negotiate your severance package with a top California employment lawyer before you sign anything. - [Can Layoffs Be a Form of Discrimination?](https://www.minnisandsmallets.com/can-layoffs-be-a-form-of-discrimination/): There are ways that employers might try to mask discriminatory termination under the guise of layoffs. If you have concerns about your rights, a top California employment lawyer can assist you. - [Minnis & Smallets Team Named to 2023 Top California Super Lawyers Lists](https://www.minnisandsmallets.com/minnis-smallets-team-named-to-2023-california-super-lawyers-lists/): Our team at Minnis & Smallets was named to the 2023 Super Lawyers Lists! Contact a top Bay Area Employment Lawyer today. - [What Is Pregnancy-Based Harassment?](https://www.minnisandsmallets.com/what-is-pregnancy-based-harassment/): Did your employer discriminate against you for pregnancy or related reasons? Pregnancy discrimination is unacceptable, and a California employment attorney can protect your rights. - [How Are Interns Protected from Discrimination in the Workplace?](https://www.minnisandsmallets.com/how-are-interns-protected-from-discrimination-in-the-workplace/): Interns should not be subject to employment discrimination, and the law protects interns from such misconduct. If a company violated your rights, a California employment attorney can help. - [Discrimination in the Workplace: What New Moms Should Know ](https://www.minnisandsmallets.com/discrimination-in-the-workplace-what-new-moms-should-know/): Discrimination at work against new moms is illegal, but it still happens. An attorney can provide essential information to help new moms understand their rights and fight back against discrimination. - [Pay Range Now Required in Many California Job Listings](https://www.minnisandsmallets.com/pay-range-now-required-in-many-california-job-listings/): California now requires employers to include pay range information in job postings. Stay informed and determine whether your rights have been violated with help from a top San Francisco employment attorney. - [Can My Employer Request a Doctor’s Note for Taking Time Off?](https://www.minnisandsmallets.com/can-my-employer-request-a-doctors-note-for-taking-time-off/): Employers may require doctor's notes for absences using sick time, but the rules vary. Learn what your rights are and what to do if you're facing trouble by speaking with a top employment lawyer in Bay Area. - [Can an Employee Be Forced Into Breaking a Law at Work?](https://www.minnisandsmallets.com/can-an-employee-be-forced-into-breaking-a-law-at-work/): It's important to understand your legal rights as an employee when it comes to being asked to break the law. A lawyer can advise what to do if you're facing this situation and how to protect yourself. - [Things to Consider Before Taking Legal Action Against Your Employer](https://www.minnisandsmallets.com/things-to-consider-before-taking-legal-action-against-your-employer/): Taking legal action against your employer can be a big decision with various consequences. Learn about the key factors to weigh from an experienced employment attorney near San Mateo before you act. - [How to Properly Handle a Wrongful Demotion](https://www.minnisandsmallets.com/how-to-properly-handle-a-wrongful-demotion/): If you believe you have been wrongfully demoted, it's important to take action. This guide will help you understand your options and provide tips for how to properly handle the situation. - [What Employees Should Know about Expanded Family and Sick Leave Under AB 1041](https://www.minnisandsmallets.com/what-employees-should-know-about-expanded-family-and-sick-leave-under-ab-1041/): If you need help with a denied leave request at work, speak with a California employment lawyer today. - [Common Forms of Employment Discrimination](https://www.minnisandsmallets.com/common-forms-of-employment-discrimination/): Employment discrimination can take on many forms. Employees who experience these actions should consult with an experienced San Francisco discrimination attorney. - [SAN FRANCISCO ATTORNEY MAGAZINE: Signed, Sealed, Delivered – Authenticating Arbitration Agreements](https://www.minnisandsmallets.com/signed-sealed-delivered-authenticating-arbitration-agreements/): Associate Attorney Evan Ettinghoff wrote an article that was published in the San Francisco Bar Association Magazine. Read the full... - [Commission Payments – What Employees Need to Know](https://www.minnisandsmallets.com/commission-payments-what-employees-need-to-know/): Many people work on commission, and you should always know how much commission you should receive and when. If your employer violates your agreement, call a California wage attorney. - [Can I Be Fired While on Medical Leave?](https://www.minnisandsmallets.com/can-i-be-fired-while-on-medical-leave/): Some employers will fire employees while they are on medical leave in violation of the law. If you think your employer violated your rights, consult with a California employment attorney today. - [Your Rights Under California’s New Pay Transparency Law](https://www.minnisandsmallets.com/your-rights-under-californias-new-pay-transparency-law/): While California passed stricter pay transparency requirements for employers, many companies continue to engage in unlawful pay practices. Speak with a California employment attorney. - [What Are My Employment Rights as a Freelancer?](https://www.minnisandsmallets.com/what-are-my-employment-rights-as-a-freelancer/): As a freelancer, companies can take advantage of you and violate your rights. If you believe this has happened to you, always consult with a San Francisco employment attorney immediately. - [Responding to Sexual Orientation Discrimination](https://www.minnisandsmallets.com/responding-to-sexual-orientation-discrimination/): Both federal and state laws protect employees from workplace discrimination based on sex, sexual orientation, and related factors. If you experienced discrimination, contact an employment attorney in Bay Area. - [Are Employers Required To Provide Accommodations For Mental Health Issues?](https://www.minnisandsmallets.com/are-employers-required-to-provide-accommodations-for-mental-health-issues/): Many employers engage in disability discrimination by failing to provide reasonable accommodations for employees. If this happened to you, contact a California employment lawyer. - [What Should I Do If I Suspect My Employer Is Conducting Illegal Activity?](https://www.minnisandsmallets.com/what-should-i-do-if-i-suspect-my-employer-is-conducting-illegal-activity/): California has many laws that protect whistleblowers, who are employees that report unlawful conduct of companies. If you are in this position, consult with a California employment lawyer. - [Workplace Sexual Harassment Investigations: The Typical Process](https://www.minnisandsmallets.com/workplace-sexual-harassment-investigations-the-typical-process/): Many people must take part in a sexual harassment investigation during their employment, whether they are the victim or not. Always consult with a California employment lawyer. - [Fired After Giving Notice: Is That Wrongful Termination?](https://www.minnisandsmallets.com/fired-after-giving-notice-is-that-wrongful-termination/): Some people might give notice to their employers and get fired immediately, and this might be wrongful termination in some situations. Always speak with a California employment attorney. - [Is It Illegal for an Employer to Discriminate Based on Criminal History?](https://www.minnisandsmallets.com/is-it-illegal-for-an-employer-to-discriminate-based-on-criminal-history/): Many people experience discrimination in hiring, including based on their criminal history. If an employer violated the law, always seek a consultation with an employment discrimination lawyer. - [What Damages Can I Recover in a Workplace Sexual Harassment Claim?](https://www.minnisandsmallets.com/what-damages-can-i-recover-in-a-workplace-sexual-harassment-claim/): Many people pursue legal action against their employers for sexual harassment, and they seek damages for their losses. Always discuss your options with a workplace harassment lawyer. - [Identifying Discriminatory Workplace Policies](https://www.minnisandsmallets.com/identifying-discriminatory-workplace-policies/): There are many people who suffer harm or losses due to discriminatory workplace policies, and the law gives employees rights. Always consult with a California discrimination lawyer. - [What Does Sexual Harassment Look Like in the Workplace?](https://www.minnisandsmallets.com/what-does-sexual-harassment-look-like-in-the-workplace/): Sexual harassment can come in many forms, and many people do not know whether they were a victim or not. Never hesitate to have a Oakland sexual harassment lawyer evaluate your case. - [The Dos and Don'ts of Social Media in the Workplace](https://www.minnisandsmallets.com/the-dos-and-donts-of-social-media-in-the-workplace/): Sometimes, employers can violate the rights of employees regarding their social media activity. If you have concerns about your employer, contact a California employment lawyer today. - [Should You Report Discrimination You Witness at Work?](https://www.minnisandsmallets.com/should-you-report-discrimination-you-witness-at-work/): Reporting discrimination can be a stressful matter, as you might fear retaliation from your employer. Never hesitate to discuss the matter with a California discrimination attorney. - [Five Best Practices for Successful Salary Negotiation](https://www.minnisandsmallets.com/five-best-practices-for-successful-salary-negotiation/): There are many complex issues regarding salary negotiations, employment contracts, and other critical aspects of your employment. Speak with a Bay Area employment lawyer today. - [Minnis & Smallets Team Named to 2022 California Super Lawyers Lists](https://www.minnisandsmallets.com/minnis-smallets-team-named-to-2022-california-super-lawyers-lists/): The Minnis & Smallets LLP team is honored to again be named to the Super Lawyers lists. We continued to be dedicated to using our experience and knowledge to advocate for our clients. If you need a San Francisco employment lawyer, contact us today. - [Can I Use Protected Leave Benefits to Care for a Parent-in-Law?](https://www.minnisandsmallets.com/can-i-use-protected-leave-benefits-to-care-for-a-parent-in-law/): If you requested family leave and believe that your employer wrongfully denied leave or otherwise violated your rights under the law, consult with a San Francisco employment attorney today. - [Reasons to Review an Employment Contract With an Attorney](https://www.minnisandsmallets.com/reasons-to-review-an-employment-contract-with-an-attorney/): There are many risks to signing an employment contract without legal representation. Avoid future effects on your life and career by having a California employment lawyer look over the contract. --- ## City-State - [Unlawful Termination Lawyer Daly City](https://www.minnisandsmallets.com/citystate/unlawful-termination-lawyer-daly-city/): Minnis & Smallets LLP offers dedicated representation and comprehensive legal guidance. Contact our unlawful termination lawyer in Daly City. - [Daly City Labor and Employment Lawyers](https://www.minnisandsmallets.com/citystate/daly-city-labor-and-employment-lawyers/): At Minnis & Smallets LLP, our Daly City labor and employment lawyers help workers address workplace discrimination. - [Alameda Labor and Employment Lawyers](https://www.minnisandsmallets.com/citystate/alameda-labor-and-employment-lawyers/): At Minnis & Smallets LLP, our Alameda labor and employment lawyers represent employees facing workplace issues. - [Whistleblower Retaliation Attorney San Jose](https://www.minnisandsmallets.com/citystate/whistleblower-retaliation-attorney-san-jose/): At Minnis & Smallets LLP, our whistleblower retaliation attorney in San Jose represents employees facing complex legal situations. - [Bay Area Medical Leave Lawyer](https://www.minnisandsmallets.com/citystate/bay-area-medical-leave-lawyer/): Minnis & Smallets LLP is a trusted Bay Area medical leave lawyer dedicated to protecting employee rights. Contact us today for a consultation. - [CFRA Attorney Oakland](https://www.minnisandsmallets.com/citystate/cfra-attorney-oakland/): Hold employers accountable for denying medical leave with a CFRA attorney in Oakland. Minnis & Smallets LLP is prepared to help. - [CFRA Retaliation Lawyer San Mateo](https://www.minnisandsmallets.com/citystate/cfra-retaliation-lawyer-san-mateo/): No one should face demotion or mistreatment after taking medical leave. A CFRA retaliation lawyer in San Mateo at Minnis & Smallets LLP can help. - [San Francisco Medical Leave Attorney](https://www.minnisandsmallets.com/citystate/san-francisco-medical-leave-attorney/): Learn about employee rights under FMLA and CFRA. The experienced attorneys at Minnis & Smallets LLP guide workers through medical leave disputes. - [Marin County, CA](https://www.minnisandsmallets.com/citystate/marin-county-ca/): Sexual Harassment Attorney Gender Discrimination Lawyers Employment Lawyers Wage and Hour Attorney Employment Lawyer Discrimination Lawyer Retaliation Lawyer Sexual Harassment... - [Alameda County, CA](https://www.minnisandsmallets.com/citystate/alameda-county-ca/): Sexual Harassment Lawyers Sexual Harassment Lawyers Gender Discrimination Lawyer Employment Discrimination Attorneys Unlawful Termination Lawyers FMLA Lawyer Leave of Absence... - [San Rafael, CA](https://www.minnisandsmallets.com/citystate/san-rafael-ca/): Discrimination Lawyer Wrongful Termination Attorney - [Alameda, CA](https://www.minnisandsmallets.com/citystate/alameda-ca/): Whistleblower Retaliation Lawyer Sexual Harassment Attorney Discrimination Lawyer Whistleblower Protection Lawyers Discrimination Lawyer - [Oakland, CA](https://www.minnisandsmallets.com/citystate/oakland-ca/): Pregnancy Discrimination Attorney Employment Discrimination Lawyers Employment Lawyer Whistleblower Retaliation Lawyer Wrongful Termination Attorneys Employment Law Firms Sexual Harassment Attorney... - [San Francisco, CA](https://www.minnisandsmallets.com/citystate/san-francisco-ca/): Workplace Discrimination Attorneys Employment Discrimination Lawyers Employment Law Attorney Wrongful Termination Lawyers Labor Attorneys Sexual Harassment Lawyer Whistleblower Retaliation Lawyer... - [Palo Alto, CA](https://www.minnisandsmallets.com/citystate/palo-alto-ca/): Wrongful Termination Attorney Sexual Harassment Attorney Employment Law Attorney Labor and Employment Attorneys Lawyers for Women in Tech Discrimination Lawyers... - [Mountain View, CA](https://www.minnisandsmallets.com/citystate/mountain-view-ca/): Sexual Harassment Attorney Sexual Harassment Attorney - [San Mateo, CA](https://www.minnisandsmallets.com/citystate/san-mateo-ca/): Gender Discrimination Lawyers Workplace Retaliation Attorneys Discrimination Lawyers Sexual Harassment Lawyer Employment Lawyers Discrimination Lawyers Labor Attorneys Labor and Employment... - [San Jose, CA](https://www.minnisandsmallets.com/citystate/san-jose-ca/): Medical Leave Attorneys Employment Discrimination Attorney Wage and Hour Lawyer FMLA Discrimination Lawyers Wrongful Termination Lawyer Sexual Harassment Attorneys Wrongful... - [Bay Area FMLA Attorney](https://www.minnisandsmallets.com/citystate/bay-area-fmla-attorney/): Find trusted FMLA attorneys at Minnis & Smallets LLP. Serving the Bay Area, the firm helps employees protect their family and medical leave rights. Contact us today! - [San Francisco Workplace Discrimination Attorneys](https://www.minnisandsmallets.com/citystate/san-francisco-workplace-discrimination-attorneys/): Minnis & Smallets LLP offers trusted San Francisco workplace discrimination attorneys. Contact us today for professional guidance. - [Alameda Whistleblower Retaliation Lawyer](https://www.minnisandsmallets.com/citystate/alameda-whistleblower-retaliation-lawyer/): The experienced Alameda whistleblower retaliation lawyer at Minnis and Smallets LLP is here to help employees stand up to workplace retaliation. - [Palo Alto Wrongful Termination Attorney](https://www.minnisandsmallets.com/citystate/palo-alto-wrongful-termination-attorney/): Experienced Palo Alto wrongful termination attorneys at Minnis & Smallets LLP help employees protect their rights following retaliation. - [Gender Discrimination Lawyers San Mateo](https://www.minnisandsmallets.com/citystate/gender-discrimination-lawyers-san-mateo/): Minnis & Smallets LLP provides trusted legal support from experienced gender discrimination lawyers in San Mateo. - [Employment Discrimination Lawyers San Francisco](https://www.minnisandsmallets.com/citystate/employment-discrimination-lawyers-san-francisco/): Minnis & Smallets LLP provides skilled legal representation. Our employment discrimination lawyers in San Francisco advocate for workers who have been mistreated. - [Oakland Pregnancy Discrimination Attorney](https://www.minnisandsmallets.com/citystate/oakland-pregnancy-discrimination-attorney/): At Minnis & Smallets LLP, our Oakland pregnancy discrimination attorney protects workers’ rights. Contact us today to explore legal options. - [Medical Leave Attorneys San Jose](https://www.minnisandsmallets.com/citystate/medical-leave-attorneys-san-jose/): At Minnis & Smallets LLP, our medical leave attorneys in San Jose provide reliable legal services to protect employee rights. - [Bay Area Whistleblower Retaliation Attorney](https://www.minnisandsmallets.com/citystate/bay-area-whistleblower-retaliation-attorney/): Employees facing workplace issues should consult with a knowledgeable Bay Area whistleblower retaliation lawyer at Minnis & Smallets LLP. - [Marin County Gender Discrimination Lawyers](https://www.minnisandsmallets.com/citystate/marin-county-gender-discrimination-lawyers/): The Marin County gender discrimination lawyers at Minnis & Smallets LLP help employees explore legal recourse if they experience mistreatment. - [San Mateo Workplace Retaliation Attorneys](https://www.minnisandsmallets.com/citystate/san-mateo-workplace-retaliation-attorneys/): Minnis & Smallets LLP are experienced San Mateo workplace retaliation attorneys dedicated to protecting employee rights. - [Sexual Harassment Attorney Alameda](https://www.minnisandsmallets.com/citystate/sexual-harassment-attorney-alameda/): Minnis & Smallets LLP is a trusted sexual harassment attorney near Alameda, offering legal representation and support for workplace discrimination cases. - [Wrongful Termination Lawyers San Francisco](https://www.minnisandsmallets.com/citystate/wrongful-termination-lawyers-san-francisco/): Minnis & Smallets LLP is a trusted choice for those seeking wrongful termination lawyers near San Francisco, offering legal representation and dedicated advocacy to protect employee rights. - [Bay Area Employment Discrimination Attorneys](https://www.minnisandsmallets.com/citystate/bay-area-employment-discrimination-attorneys/): Minnis & Smallets LLP serves as dedicated Bay Area employment discrimination attorneys, offering legal advocacy to protect employees' rights and foster inclusive workplaces. - [San Mateo Discrimination Lawyers](https://www.minnisandsmallets.com/citystate/san-mateo-discrimination-lawyers/): San Mateo discrimination lawyers at Minnis & Smallets LLP are dedicated to defending employee rights and seeking justice for those who have experienced workplace discrimination. - [San Mateo Labor Attorneys](https://www.minnisandsmallets.com/citystate/san-mateo-labor-attorneys/): Workplace discrimination and other legal matters can impact an employee's safety at work. Contact our experienced San Mateo labor attorneys at Minnis & Smallets LLP to schedule a case evaluation. - [Palo Alto Employment Law Attorney](https://www.minnisandsmallets.com/citystate/palo-alto-employment-law-attorney/): When addressing workplace harassment or discrimination, consult with a Palo Alto employment law attorney at Minnis & Smallets LLP. - [Sexual Harassment Attorney Palo Alto](https://www.minnisandsmallets.com/citystate/sexual-harassment-attorney-palo-alto/): Employees seeking a sexual harassment attorney near Palo Alto can trust Minnis & Smallets LLP for experienced legal representation. - [San Jose Employment Discrimination Attorney](https://www.minnisandsmallets.com/citystate/san-jose-employment-discrimination-attorney/): A San Jose employment discrimination attorney at Minnis & Smallets LLP provides legal assistance to combat workplace discrimination, ensuring justice and rightful resolution for affected employees. - [San Francisco CFRA Rights Lawyers](https://www.minnisandsmallets.com/citystate/san-francisco-cfra-rights-lawyers/): The team at Minnis & Smallets LLP consists of dedicated San Francisco CFRA rights lawyers who help protect employment rights. - [Employment Lawyers Silicon Valley](https://www.minnisandsmallets.com/citystate/employment-lawyers-silicon-valley/): At Minnis & Smallets LLP, our employment lawyers near Silicon Valley are dedicated to providing comprehensive legal support for individuals facing workplace discrimination. - [San Mateo Sexual Harassment Lawyer](https://www.minnisandsmallets.com/citystate/san-mateo-sexual-harassment-lawyer/): Minnis & Smallets LLP's dedicated San Mateo sexual harassment attorney is committed to providing legal support for those impacted by sexual harassment in the workplace. - [Oakland Employment Lawyer](https://www.minnisandsmallets.com/citystate/oakland-employment-lawyer/): Employment-related legal matters can be complicated. Contact an Oakland employment lawyer from Minnis & Smallets LLP. - [San Mateo Employment Law Firm](https://www.minnisandsmallets.com/citystate/san-mateo-employment-law-firm/): Minnis & Smallets LLP is a San Mateo employment law firm providing comprehensive legal services for employees affected by mistreatment in the workplace. - [Whistleblower Retaliation Lawyer Oakland](https://www.minnisandsmallets.com/citystate/whistleblower-retaliation-lawyer-oakland/): Minnis & Smallets, LLP, provides experienced and personalized legal services as a whistleblower retaliation lawyer near Oakland. - [Workplace Sexual Harassment Lawyer San Francisco](https://www.minnisandsmallets.com/citystate/workplace-sexual-harassment-lawyer-san-francisco/): Sexual harassment is unacceptable in work environments, but it continues to happen all the time. If you believe you suffered this conduct, call a workplace sexual harassment lawyer in San Francisco. - [Employment Law Attorneys San Mateo](https://www.minnisandsmallets.com/citystate/employment-law-attorneys-san-mateo/): Employers can violate your rights in many ways, including discrimination, harassment, wage issues, and more. If you need assistance, consult with an employment law attorney in San Mateo. - [Marin County Wage And Hour Attorney](https://www.minnisandsmallets.com/citystate/marin-county-wage-and-hour-attorney/): Marin County Wage And Hour Attorney The Fair Labor Standards Act requires you to be paid fairly by your employer.... - [Employment Lawyers In Marin County](https://www.minnisandsmallets.com/citystate/employment-lawyers-in-marin-county/): Employers violate the law in many ways, including wage violations, discrimination, and more. If you believe you were a victim of a violation, contact employment lawyers in Marin County. - [San Rafael Wrongful Termination Attorney](https://www.minnisandsmallets.com/citystate/san-rafael-wrongful-termination-attorney/): Did your employer terminate you and you suspect the reason violated the law and your rights as an employee? Allow a San Rafael wrongful termination attorney to evaluate your legal options. - [Discrimination Lawyer San Rafael](https://www.minnisandsmallets.com/citystate/discrimination-lawyer-san-rafael/): Whether you experienced blatant discrimination at work or suspect some type of discrimination might have occurred, never wait to consult with a discrimination lawyer in San Rafael. - [Discrimination Lawyer Near Alameda](https://www.minnisandsmallets.com/citystate/discrimination-lawyer-near-alameda/): Workplace discrimination takes many forms, and the laws prohibiting discrimination are complicated. Always seek assistance from discrimination lawyer near Alameda with a possible case. - [Wage and Hour Attorney San Mateo](https://www.minnisandsmallets.com/citystate/wage-and-hour-attorney-san-mateo/): Many people lose money they earned due to wage and hour violations by their employers. If you are in this position, consult with a wage and hour attorney in San Mateo today. - [Alameda Discrimination Lawyer](https://www.minnisandsmallets.com/citystate/alameda-discrimination-lawyer/): There are many ways that employers can unlawfully discriminate against employees, but an experienced Alameda discrimination lawyer is ready to stand up for the rights of employees in California. - [Bay Area Sexual Harassment Lawyer](https://www.minnisandsmallets.com/citystate/bay-area-sexual-harassment-lawyer/): Too many people still suffer the effects of workplace sexual harassment, and the law allows employees to take legal action. Consult with a Bay Area sexual harassment lawyer right away. - [Sexual Harassment Lawyer Bay Area](https://www.minnisandsmallets.com/citystate/sexual-harassment-lawyer-bay-area/): There is no excuse for sexual harassment at work, and employers should be liable for allowing unlawful conduct. Discuss any concerns with a sexual harassment lawyer in the Bay Area. - [Sexual Harassment Attorney Mountain View](https://www.minnisandsmallets.com/citystate/sexual-harassment-attorney-mountain-view/): Employees who experience sexual harassment at work have important legal rights under the law. If you are in this position, reach out to a sexual harassment attorney in Mountain View. - [Palo Alto Labor and Employment Attorneys](https://www.minnisandsmallets.com/citystate/palo-alto-labor-and-employment-attorneys/): Employers can violate the law in many ways that can cause losses and harm to employees. Never wait to seek advice and assistance from Palo Alto labor and employment attorneys. - [Oakland Discrimination Attorneys](https://www.minnisandsmallets.com/citystate/oakland-discrimination-attorneys/): Discrimination at work can result in financial and emotional losses to employees. The law gives you rights, so consult with Oakland discrimination attorneys today. - [Wage and Hour Attorney Near Me](https://www.minnisandsmallets.com/citystate/wage-and-hour-attorney-near-me/): Employers in California can violate labor laws in many ways that cause losses to employees. Anyone who has concerns should speak with a wage and hour attorney near you. - [San Jose Wage and Hour Lawyer](https://www.minnisandsmallets.com/citystate/san-jose-wage-and-hour-lawyer/): There are many ways that employers can deny you your rightful wages, and you can take legal action to protect your rights. Consult with a San Jose wage and hour lawyer about your situation. - [Contract Review Lawyer San Francisco](https://www.minnisandsmallets.com/citystate/contract-review-lawyer-san-francisco/): Employment contracts might seem straightforward, but you want a lawyer to review any agreement before you sign it. Speak with contract review lawyers in San Francisco about your contract. - [Labor and Employment Lawyer Near Me](https://www.minnisandsmallets.com/citystate/labor-and-employment-lawyer-near-me/): California laws protect employees, but employers still violate the rights of those in the workforce in different ways. Discuss any concerns with labor and employment lawyers near you. - [Wage and Hour Attorneys Near Me](https://www.minnisandsmallets.com/citystate/wage-and-hour-attorneys-near-me/): Too many employers violate California labor laws, resulting in unpaid wages and other issues to employees. If you have concerns, consult with wage and hour attorneys near you today. - [Sex Discrimination Lawyers Bay Area](https://www.minnisandsmallets.com/citystate/sex-discrimination-lawyers-bay-area/): There are many different ways that sex discrimination continues to happen in the workplace. Consult with sex discrimination lawyers in the Bay Area about your legal rights. - [Labor Lawyer San Francisco](https://www.minnisandsmallets.com/citystate/labor-lawyer-san-francisco/): Many employment and labor laws protect California employees, yet companies continually violate these laws and the rights of their workforce. Seek help from a labor lawyer in San Francisco. - [FMLA Lawyer San Mateo](https://www.minnisandsmallets.com/citystate/fmla-lawyer-san-mateo/): There are many reasons why employees can qualify for family and medical leave, but employers might still deny them leave or retaliate for leave requests. Contact an FMLA lawyer in San Mateo for help. - [Harassment Attorneys San Francisco](https://www.minnisandsmallets.com/citystate/harassment-attorneys-san-francisco/): Workplace harassment continues to be a big problem despite strict laws against it. If you experience this conduct at work, do not wait to contact harassment attorneys in San Francisco for help. - [Gender Discrimination Lawyer Bay Area](https://www.minnisandsmallets.com/citystate/gender-discrimination-lawyer-bay-area/): There are many different ways that employers can engage in unlawful discrimination based on gender. Never hesitate to discuss concerns with a gender discrimination lawyer in the Bay Area. - [Gender Harassment Attorneys San Francisco](https://www.minnisandsmallets.com/citystate/gender-harassment-attorneys-san-francisco/): Many employees experience offensive behaviors at work due to their gender, gender expression, or gender identity. Consult with gender harassment attorneys in San Francisco about your rights. - [Severance Agreement Attorney California](https://www.minnisandsmallets.com/citystate/severance-agreement-attorney-california/): You should never sign any type of legal contract without first understanding the terms and whether they are favorable. Let a severance agreement attorney in California review a possible contract. - [Lawyers for Women in Tech Near Palo Alto](https://www.minnisandsmallets.com/citystate/lawyers-for-women-in-tech-near-palo-alto/): The tech industry is known for being more difficult for women, as they often face discrimination in different ways. If you have concerns, consult with lawyers for women in tech near Palo Alto. - [Sexual Harassment Attorneys in San Francisco](https://www.minnisandsmallets.com/citystate/sexual-harassment-attorneys-in-san-francisco/): Knowing what to do after experiencing sexual harassment at work can be difficult. Let experienced sexual harassment attorneys in San Francisco evaluate your case and handle the process for you. - [Medical Leave Attorneys Near San Mateo ](https://www.minnisandsmallets.com/citystate/medical-leave-attorneys-near-san-mateo/): Both federal and state laws provide employees with leave for specified medical and family purposes. If you are having a problem with your employer, call a medical leave attorney near San Mateo. - [San Jose FMLA Discrimination Lawyers](https://www.minnisandsmallets.com/citystate/san-jose-fmla-discrimination-lawyers/): Employees in California have the right to certain family and medical leave, and your employer should not deny you valid leave. Consult with a San Jose FMLA discrimination lawyer about your situation. - [Unlawful Termination Lawyers Oakland](https://www.minnisandsmallets.com/citystate/unlawful-termination-lawyers-oakland/): Some employers fire employees for unlawful reasons, and employees in this position have important rights. Learn about your options from an unlawful termination lawyer in Oakland. - [Bay Area Pregnancy Discrimination Attorney](https://www.minnisandsmallets.com/citystate/bay-area-pregnancy-discrimination-attorney/): Women should never experience discrimination at work due to pregnancy, childbirth, or related issues or conditions. Learn how a Bay Area pregnancy discrimination attorney can protect your rights. - [Gender Discrimination Attorneys Bay Area](https://www.minnisandsmallets.com/citystate/gender-discrimination-attorneys-bay-area/): There are many ways that an employer can discriminate against employees based on their gender or gender identity. Consult with gender discrimination attorneys in the Bay Area from Minnis & Smallets today. - [Sexual Harassment Lawyers in Alameda County](https://www.minnisandsmallets.com/citystate/sexual-harassment-lawyers-in-alameda-county/): Sexual harassment at work is strictly unlawful, though it continues to be a problem for many employees in California. Learn how experienced sexual harassment lawyers in Alameda County can help. - [Workplace Harassment Attorney San Francisco](https://www.minnisandsmallets.com/citystate/workplace-harassment-attorney-san-francisco/): Harassment at work can result in a hostile work environment, and it is important for employees to remember they have important legal rights. Call a workplace harassment attorney in San Francisco today. - [CFRA Attorney San Francisco](https://www.minnisandsmallets.com/citystate/cfra-attorney-san-francisco/): California has laws giving employees certain rights, including to specific family and medical leave. If your employer might have violated your rights, call a CFRA attorney in San Francisco. - [Bay Area FMLA Discrimination Lawyers](https://www.minnisandsmallets.com/citystate/bay-area-fmla-discrimination-lawyers/): The law gives certain employees the right to take leave for family or medical reasons. For help standing up for your rights, consult with Bay Area FMLA discrimination lawyers today. - [Alameda County Sexual Harassment Lawyers](https://www.minnisandsmallets.com/citystate/alameda-county-sexual-harassment-lawyers/): No one should have to deal with sexual harassment and offensive behavior while they are at work. If you believe you might have a legal claim, call Alameda County sexual harassment lawyers. - [San Jose Sexual Harassment Attorneys](https://www.minnisandsmallets.com/citystate/san-jose-sexual-harassment-attorneys/): If you experienced sexual harassment at work, you have important rights under the law. Set up a consultation with an experienced San Jose sexual harassment attorney right away. - [FMLA Discrimination Lawyer Oakland](https://www.minnisandsmallets.com/citystate/fmla-discrimination-lawyer-oakland/): Many employers do not comply with the law when it comes to family and medical leave for employees. If you need legal assistance regarding leave, contact an FMLA discrimination lawyer in Oakland. - [San Francisco Discrimination Lawyers](https://www.minnisandsmallets.com/citystate/san-francisco-discrimination-lawyers/): If you believe you have experienced any form of unlawful discrimination at work, it is important to take action to protect your rights. Contact a San Francisco discrimination lawyer for help. - [San Francisco Employment Attorneys](https://www.minnisandsmallets.com/citystate/san-francisco-employment-attorneys/): Employers can violate the rights of employees in many different ways, and employees might have the right to take legal action to seek relief. Talk to a San Francisco employment attorney today. - [Bay Area Gender Discrimination Attorneys](https://www.minnisandsmallets.com/citystate/bay-area-gender-discrimination-attorneys/): Too many employees in California continue to experience gender discrimination. Learn the many ways our experienced Bay Area gender discrimination attorneys can protect your rights under the law. - [San Francisco Maternity Leave Attorneys](https://www.minnisandsmallets.com/citystate/san-francisco-maternity-leave-attorneys/): Many employers violate the rights of mothers who recently had a child or adopted a child. You should discuss your concerns with experienced San Francisco maternity leave attorneys right away. - [Harassment Lawyers in San Francisco](https://www.minnisandsmallets.com/citystate/harassment-lawyers-in-san-francisco/): If you think you are being unlawfully harassed at work, it can be difficult to know how to proceed to protect your rights. Let experienced harassment lawyers in San Francisco evaluate your situation. - [Alameda Whistleblower Protection Lawyers](https://www.minnisandsmallets.com/citystate/alameda-whistleblower-protection-lawyers/): Many employees want to come forward and report their employers for unlawful or unethical conduct. You should not wait to discuss the matter with Alameda whistleblower protection lawyers. - [Pregnancy Discrimination Attorneys San Francisco](https://www.minnisandsmallets.com/citystate/pregnancy-discrimination-attorneys-san-francisco/): Many employees experienced discrimination, harassment, or retaliation because of pregnancy-related matters. Discuss your concerns with a pregnancy discrimination attorney in San Francisco today. - [San Francisco Whistleblower Lawyer](https://www.minnisandsmallets.com/citystate/san-francisco-whistleblower-lawyer/): Many employees who are brave enough to report unlawful conduct of their employers are terminated or experience other forms of retaliation. Call a San Francisco whistleblower lawyer for help today. - [Sex Discrimination Lawyers Oakland](https://www.minnisandsmallets.com/citystate/sex-discrimination-lawyers-oakland/): Employers often engage in unlawful sex discrimination, which can take many forms. You should never wait to discuss what happened to you with a sex discrimination lawyer in Oakland who can help. - [San Francisco Lawyers for Women in Tech](https://www.minnisandsmallets.com/citystate/san-francisco-lawyers-for-women-in-tech/): There are a wide variety of legal issues that can have an impact on women working in tech. For help, call a San Francisco lawyer for women in tech to schedule a consultation. - [FMLA Attorney San Francisco](https://www.minnisandsmallets.com/citystate/fmla-attorney-san-francisco/): Federal law grants employees the right to take leave under certain circumstances. If you believe your employer is violating your rights, call us today to schedule a consultation with a San Francisco employment attorney. - [San Francisco Unlawful Termination Attorney](https://www.minnisandsmallets.com/citystate/san-francisco-unlawful-termination-attorney/): Sometimes, it can be difficult to know whether your employer violated your rights when you got fired. You should have a San Francisco unlawful termination lawyer evaluate your case and advise you of your options. - [San Francisco Gender Discrimination Lawyer](https://www.minnisandsmallets.com/citystate/san-francisco-gender-discrimination-lawyer/): Employers may not discriminate against you based on your gender or related characteristics. If you were the victim of discrimination, consult with a San Francisco gender discrimination lawyer. - [Whistleblower Retaliation Attorney San Francisco](https://www.minnisandsmallets.com/citystate/whistleblower-retaliation-attorney-san-francisco/): There are many reasons why employees might need to report unethical or unlawful conduct on the part of their employer. Let a whistleblower retaliation attorney in San Francisco protect your rights. - [Bay Area CFRA Attorneys](https://www.minnisandsmallets.com/citystate/bay-area-cfra-attorneys/): Employees in California are entitled to leave for qualified reasons under state and federal law. If you are wrongfully denied leave, discuss your rights with a Bay Area CFRA attorney as soon as possible. - [San Francisco FMLA Discrimination Attorneys](https://www.minnisandsmallets.com/citystate/san-francisco-fmla-discrimination-attorneys/): Certain employees are eligible to take leave for specific family or medical reasons. If your employer interferes with these rights, speak with our San Francisco FMLA discrimination attorneys. - [San Jose Wrongful Termination Lawyers](https://www.minnisandsmallets.com/citystate/san-jose-wrongful-termination-lawyers/): Employers can violate your rights in many ways, including terminating your employment for unlawful reasons. Never hesitate to speak with our San Jose wrongful termination lawyers. - [Unlawful Termination Attorney Near Me](https://www.minnisandsmallets.com/citystate/unlawful-termination-attorney/): Losing your job is always stressful, but it can be even more distressing if you were terminated for unlawful reasons. You should discuss what happened with an unlawful termination attorney near you. --- # # Detailed Content ## Pages > Meet Molly, an associate attorney at our San Francisco Employment Law Firm dedicated to protecting employee rights. Reach out today to hear how we can help. - Published: 2025-12-05 - Modified: 2026-03-27 - URL: https://www.minnisandsmallets.com/meet-our-team/molly-giguiere/ San Francisco Employment Law Firm | Minnis & Smallets LLP × Home Our Team Aaron Minnis Sonya Smallets Evan Ettinghoff Debby Katzowitz Molly Giguiere Practice Areas Unlawful Termination Discrimination Whistleblowing Wrongful Termination Breach of Contract Harassment Sexual Harassment Other Unlawful Harassment Retaliation Discrimination Sex Discrimination Pregnancy Discrimination Disability Discrimination Reasonable Accommodations Race Discrimination Age Discrimination Leaves of Absence Family & Medical Leave Pregnancy Leave Compensation Issues Non-Payment of Bonuses Non-Payment of Commissions Non-Payment of Wages Severance & Separation Agreements Fee Arrangements Working Together – Our Process Reviews FAQ Blog Contact Us × 415-551-0885 Menu ≡Menu Search Search for: Menu Process Blog Call HomeMeet Our TeamMolly Giguiere MOLLY GIGUIERE ASSOCIATE ATTORNEY Molly Giguiere is an associate at Minnis & Smallets, where she represents employees in all aspects of employment litigation. She is an active member of the legal community, serving on the Board of Directors for Equal Justice Works and on the Executive Committee of the Barristers Labor and Employment Law Section of the Bar Association of San Francisco. Molly earned her B.A. in International Affairs from The George Washington University and her J.D. from the University of San Francisco School of Law. During law school, she worked in the International Human Rights Clinic and held leadership roles with the Women’s Law Association, the Public Interest Law Foundation, and the Moot Court Program. Before joining Minnis & Smallets, Molly was the San Francisco Trial Lawyers Association’s Summer Diversity Fellow and served as a Summer Fellow with Equal Justice Works through Disability... --- > San Francisco labor & employment lawyers advocating for employee rights, discrimination claims, wage disputes, and workplace justice with personalized legal guidance and strong representation. - Published: 2025-09-30 - Modified: 2025-12-23 - URL: https://www.minnisandsmallets.com/service-areas/ Areas We Serve Minnis & Smallets LLP Proudly Represents Clients in the Bay Area Marin County San Rafael Alameda County Alameda Oakland San Francisco County San Francisco San Mateo County Palo Alto Mountain View San Mateo Santa Clara County San Jose Contact Us --- > Minnis & Smallets LLP recognizes the many questions that arise in employment law issues. Contact our San Mateo wrongful termination lawyers to begin. - Published: 2025-09-09 - Modified: 2025-09-10 - URL: https://www.minnisandsmallets.com/faq/ FAQ --- > If you’re and employee seeking dependable legal representation, you need to carefully assess your options. Minnis & Smallets LLP is a team of Sa Mateo discrimination lawyers dedicated to helping our clients through challenging legal situations. Discover our team to see how we can assist you. - Published: 2022-05-03 - Modified: 2026-03-27 - URL: https://www.minnisandsmallets.com/meet-our-team/ At Minnis & Smallets, our experienced attorneys help Bay Area & California employees navigate complex and difficult circumstances in the workplace, and protect them when their legal rights have been violated. PARTNER SONYA SMALLETS Arrow PARTNER AARON MINNIS Arrow Associate EVAN ETTINGHOFF Arrow LEGAL ASSISTANT DEBBY KATZOWITZ Arrow ASSOCIATE ATTORNEY MOLLY GIGUIERE Arrow --- > When you’re facing a difficult legal case, you need the guidance of a top San Francisco discrimination attorney. Aaron Minnis of Minnis & Smallets LLP is dedicated to helping employees find a resolution to their legal case. Call today for a consultation. - Published: 2022-05-03 - Modified: 2026-04-06 - URL: https://www.minnisandsmallets.com/meet-our-team/aaron-minnis/ Minnis & Smallets LLP | Top San Francisco Employment Law Attorney | Top Employment Law Lawyer San Mateo × Home Our Team Aaron Minnis Sonya Smallets Evan Ettinghoff Debby Katzowitz Molly Giguiere Practice Areas Unlawful Termination Discrimination Whistleblowing Wrongful Termination Breach of Contract Harassment Sexual Harassment Other Unlawful Harassment Retaliation Discrimination Sex Discrimination Pregnancy Discrimination Disability Discrimination Reasonable Accommodations Race Discrimination Age Discrimination Leaves of Absence Family & Medical Leave Pregnancy Leave Compensation Issues Non-Payment of Bonuses Non-Payment of Commissions Non-Payment of Wages Severance & Separation Agreements Fee Arrangements Working Together – Our Process Reviews FAQ Blog Contact Us × 415-551-0885 Menu ≡Menu Search Search for: Menu Process Blog Call HomeMeet Our TeamAaron Minnis AARON MINNIS PARTNER Aaron Minnis advises executives, professionals, attorneys, and employees through complex and sensitive work issues. Aaron advises and represents exclusively employees in matters involving retaliation, wrongful termination, discrimination, and harassment. He has experience handling both jury trials and bench trials in employment cases as well as in other practice areas (business, probate, landlord/tenant), including representing and defending an employee in a harassment/defamation jury trial; representing an employee in a jury trial involving unpaid compensation; representing three health care executives against their employer in a wrongful termination jury trial; representing a petitioner in an “equitable adoption” trial; and representing a San Francisco tenant in a wrongful eviction jury trial. Aaron is an Arbitrator for the attorney/client fee dispute program of the Bar Association of San Francisco, and a Judge Pro Tem for the San Francisco... --- > Debby Katzowitz is an experienced attorney at Minnis & Smallets working on the behalf of employees facing complex legal issues. She utilizes her more than 25 years of experience to guide employees towards effective resolutions. Call today to schedule a consultation with our seasoned Oakland harassment lawyer. - Published: 2022-05-03 - Modified: 2026-03-27 - URL: https://www.minnisandsmallets.com/meet-our-team/debby-katzowitz/ Minnis & Smallets LLP | Oakland Employment Law Lawyer | San Francisco Employment Law Lawyer × Home Our Team Aaron Minnis Sonya Smallets Evan Ettinghoff Debby Katzowitz Molly Giguiere Practice Areas Unlawful Termination Discrimination Whistleblowing Wrongful Termination Breach of Contract Harassment Sexual Harassment Other Unlawful Harassment Retaliation Discrimination Sex Discrimination Pregnancy Discrimination Disability Discrimination Reasonable Accommodations Race Discrimination Age Discrimination Leaves of Absence Family & Medical Leave Pregnancy Leave Compensation Issues Non-Payment of Bonuses Non-Payment of Commissions Non-Payment of Wages Severance & Separation Agreements Fee Arrangements Working Together – Our Process Reviews FAQ Blog Contact Us × 415-551-0885 Menu ≡Menu Search Search for: Menu Process Blog Call HomeMeet Our TeamDebby Katzowitz DEBBY KATZOWITZ LEGAL ASSISTANT Legal assistant Debby Katzowitz has worked on behalf of employees in wrongful termination, discrimination, harassment and retaliation matters for more than 25 years. She is a member of the San Francisco Paralegal Association. To learn more about how Minnis & Smallets can help you navigate your workplace issue, call us at 1-415-551-0885 or use our contact form. Meet Other Team Members PARTNER AARON MINNIS read more ASSOCIATE EVAN ETTINGHOFF read more ASSOCIATE ATTORNEY MOLLY GIGUIERE read more CONTACT US TODAY If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry. Full Name*Phone*Email* Type a messagePlease note that we are not able to schedule a consultation with an attorney for every matter. If we are able to schedule a consultation, then the... --- > Evan Ettinghoff is an associate at Minnis & Smallets LLP. He represents employees in a range of employment cases as their dependable Oakland discrimination lawyer. Call today to speak with Mr. Ettinghoff. - Published: 2022-05-03 - Modified: 2026-04-06 - URL: https://www.minnisandsmallets.com/meet-our-team/evan-ettinghoff/ Minnis & Smallets LLP | Bay Area Employment Law Attorney | San Francisco Employment Law Lawyer × Home Our Team Aaron Minnis Sonya Smallets Evan Ettinghoff Debby Katzowitz Molly Giguiere Practice Areas Unlawful Termination Discrimination Whistleblowing Wrongful Termination Breach of Contract Harassment Sexual Harassment Other Unlawful Harassment Retaliation Discrimination Sex Discrimination Pregnancy Discrimination Disability Discrimination Reasonable Accommodations Race Discrimination Age Discrimination Leaves of Absence Family & Medical Leave Pregnancy Leave Compensation Issues Non-Payment of Bonuses Non-Payment of Commissions Non-Payment of Wages Severance & Separation Agreements Fee Arrangements Working Together – Our Process Reviews FAQ Blog Contact Us × 415-551-0885 Menu ≡Menu Search Search for: Menu Process Blog Call HomeMeet Our TeamEvan Ettinghoff EVAN ETTINGHOFF ASSOCIATE Evan Ettinghoff, an associate at Minnis & Smallets, represents employees in all aspects of employment cases. He has litigated numerous employment cases involving claims of harassment, discrimination, and wrongful termination. Along with Sonya Smallets, Evan recently represented an employee in a federal jury trial in the Northern District of California and obtained a jury verdict that was one of the highest emotional distress awards in an employment case in the Northern District of California in recent years. Evan won the San Francisco Trial Lawyers Association Trial Lawyer of the Year Award for the verdict in this case. Evan is an active member of the legal community. He currently serves on the Board of Directors for the Barristers Club and the Executive Committee for the Barristers Labor and Employment Law Section of the San Francisco Bar... --- > Sonya Smallets is a partner at Minnis & Smallets LLP. She represents employees who have faced discrimination, harassment and wrongful termination, so if you need experienced legal council, contact our top San Francisco harassment lawyers. - Published: 2022-05-03 - Modified: 2026-04-06 - URL: https://www.minnisandsmallets.com/meet-our-team/sonya-smallets/ Minnis & Smallets LLP | Top Employment Law Attorney San Francisco | Top San Mateo Harassment Lawyer × Home Our Team Aaron Minnis Sonya Smallets Evan Ettinghoff Debby Katzowitz Molly Giguiere Practice Areas Unlawful Termination Discrimination Whistleblowing Wrongful Termination Breach of Contract Harassment Sexual Harassment Other Unlawful Harassment Retaliation Discrimination Sex Discrimination Pregnancy Discrimination Disability Discrimination Reasonable Accommodations Race Discrimination Age Discrimination Leaves of Absence Family & Medical Leave Pregnancy Leave Compensation Issues Non-Payment of Bonuses Non-Payment of Commissions Non-Payment of Wages Severance & Separation Agreements Fee Arrangements Working Together – Our Process Reviews FAQ Blog Contact Us × 415-551-0885 Menu ≡Menu Search Search for: Menu Process Blog Call HomeMeet Our TeamSonya Smallets Sonya Smallets Partner Sonya Smallets, a partner at Minnis & Smallets, has been representing employees who have been discriminated against, harassed, or wrongfully terminated by their employers for more than fifteen years. Sonya recently obtained a jury verdict in a sexual harassment case, which is one of the highest emotional distress awards in an employment case in the Northern District of California in recent years. Sonya also obtained an arbitration award of more than $950,000 on behalf of a client who was terminated in retaliation for complaining of unpaid wages. Sonya was selected as one of the Top 100 Northern California Lawyers by Super Lawyers in 2021–2024 and again in 2026. It is rare for multiple attorneys from the same law firm to be featured on this list. She was also selected as one of the Top... --- > To speak with an experienced San Francisco discrimination attorney about filing a race discrimination claim, please contact our legal team today. - Published: 2018-10-23 - Modified: 2025-10-09 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/discrimination-lawyers-san-francisco/san-francisco-race-discrimination-attorney/ San Francisco Race Discrimination Lawyers The race discrimination attorneys at Minnis & Smallets represent employees who have been subjected to discrimination at work. In 1964, Congress passed the Civil Rights Act, which made sweeping changes to employment law by offering significant protections to employees and job applicants. Under the terms of this law, which is commonly referred to as Title VII, employers are prohibited from discriminating against employees or applicants based on certain protected characteristics such as race, color, and national origin. Although many employers are careful to abide by these rules, some do not. If this is the case, the wronged parties can hold their employers liable for damages with the help of a San Francisco race discrimination lawyer. Filing or defending against these types of claims can be difficult, so if you were discriminated against because of your race, or you have been falsely accused of doing so by an employee or an applicant, you should strongly consider contacting an experienced workplace discrimination attorney who can ensure that your rights and interests are protected. Prohibited Acts Title VII’s prohibition against discrimination based on race means that employers cannot discriminate against employees or applicants in any aspect of employment, including: Recruitment; Hiring; Granting or denying promotions; Issuing work assignments; Payment and benefits; Performance evaluations; Training; Discipline; Transfers; Layoffs; Firing; and Granting or denying leave. This prohibition includes a ban not only on intentional discrimination, but also on practices that may seem to be neutral, but, actually limit employment opportunities... --- > If you were discriminated against as an applicant or an employee because of your age, you could be eligible for damages. Please contact Oakland discrimination attorney to learn more about filing your own claim. - Published: 2018-10-23 - Modified: 2025-10-09 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/discrimination-lawyers-san-francisco/san-francisco-age-discrimination-lawyers/ San Francisco Age Discrimination Attorney The San Francisco age discrimination attorneys at Minnis & Smallets represent employees who have been subjected to discrimination at work. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against applicants and employees who are 40 years of age or older because of age. As a result, when an employer treats an employee differently because of his or her age, then the wronged party can file a claim for damages. If you were terminated from employment, or not hired, or were otherwise subjected to an adverse employment action because of your age, it is important to speak with an experienced San Francisco age discrimination attorney who can explain your legal options. The Age Discrimination in Employment Act The Age Discrimination in Employment Act (ADEA) prohibits employers with 20 or more employees from treating applicants or employees who are 40 years of age or older unfavorably because of age. Like federal laws prohibiting discrimination based on race, gender, and religion, the ADEA bars discrimination based on age in any aspect of employment, which includes not only hiring and firing but also job assignments and promotions. In addition, an employment practice or policy that applies to everyone may still be unlawful, if it is not based on a legitimate business reason other than age and disproportionately or negatively impacts older employees. Advertisements and Job Notices When it comes to advertising and recruiting, employers cannot include age-related preferences, specifications, or limitations in job notices. The only... --- > Sex discrimination is illegal under California and federal law, but many employees don’t know their rights or legal remedies. If you have questions about your situation, contact an Oakland sex discrimination lawyer today to set up a free consultation. - Published: 2018-08-10 - Modified: 2025-10-09 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/discrimination-lawyers-san-francisco/sexual-discrimination/ San Francisco Sex Discrimination Attorneys The sex discrimination attorneys at Minnis & Smallets help employees who have been subjected to discrimination because of their sex. Sex discrimination is unlawful under California and federal law, but many employees still face unlawful, unfair treatment that holds them back in the workplace. At Minnis & Smallets, LLP, our sex discrimination attorneys are dedicated to helping employees enforce their rights and pursue all avenues of legal recourse after being subjected to prohibited conduct. Please contact our San Francisco, CA office to set up a free consultation regarding your case and read on for some important information about sex discrimination in California. Federal and California Laws on Sex Discrimination Employers are prohibited from treating employees and job candidates unfairly on account of their membership in a protected class; sex discrimination, unfair treatment due to sex, is one form of misconduct that falls under the umbrella of unlawful conduct. Both federal and California laws address discriminatory acts: Title VII of the Civil Rights Act of 1964 is the federal law that prohibits sex discrimination, making it unlawful for an employer to discriminate in setting terms and conditions of employment based upon sex. The prohibition applies to all state and local governments and related agencies, and private employers that have 15 or more workers on staff. California’s Fair Employment and Housing Act (FEHA) also makes it unlawful for an employer to discriminate on the basis of sex, but it is more expansive in its protections for employees... --- > If your career and quality of life has suffered because you have faced workplace discrimination in California, we may be able to help your situation. Call Minnis & Smallets LLP to speak with a seasoned San Francisco discrimination lawyer. - Published: 2018-01-11 - Modified: 2025-02-11 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/unlawful-termination/workplace-discrimination/ San Francisco Workplace Discrimination Lawyers Employment discrimination attorneys at Minnis & Smallets represent employees who have experienced discrimination in the workplace due to their race, sex, disability, age, or sexual orientation. Workplace discrimination is prohibited by state and federal law. It can be defined as any adverse action taken against an individual due to a characteristic like his or her race, sex, or national origin. When workplace discrimination occurs, the targeted victim is not the only party who suffers. Others in the workplace can become accustomed to the discriminatory behaviors and become complacent, allowing new employees to be subjected to this type of treatment. When an individual witnesses or experiences discrimination in the workplace, he or she has the right to complain to his employer about perceived mistreatment without being subject to retaliation. Anyone facing workplace discrimination due to a protected class characteristic is encouraged to consult with an experienced employment law attorney. There may be legal recourse and compensation available to those who have been subjected to unlawful discriminatory practices in the workplace. Who Is Protected from Employment Discrimination? California law prohibits discrimination on the basis of: Sex; Gender, gender identity, gender expression; Race; National origin; Disability; Sexual orientation; Marital status Religion; Age, if the employee is 40 or older; and Military or veteran status. What Constitutes Discrimination? Treating an employee unfairly based on one of the protected characteristics identified above may constitute discrimination. Examples of discrimination in the workplace include: Wrongful termination. This could involve terminating an employee... --- > An employment contract is a legally binding agreement that often holds tiny details that you may overlook. Before signing an employment contract, review your document with a knowledgeable San Francisco harassment attorney. Contact Minnis & Smallets LLP for quality assistance. - Published: 2017-10-20 - Modified: 2025-02-11 - URL: https://www.minnisandsmallets.com/contract-review-and-negotiation/ San Francisco Contract Review & Negotiation Attorneys California employment law attorneys helping executives and other employees understand and negotiate employment contracts Employees, particularly at the managerial and executive levels, are often asked to sign written contracts at the start of their employment. These employment contracts establish the rights and responsibilities of both the employer and the employee. Since signing an employment agreement can affect the employee’s rights, employees should make sure that they understand each term in any contract that governs their relationship with their employer. The employment lawyers at San Francisco’s Minnis & Smallets review and negotiate employment contracts on behalf of executives, managers, salespersons, and other California employees. What terms are included in employment contracts? Employment contracts vary depending on the job the employee is expected to fill and other circumstances. A contract to employ a pharmaceutical salesperson will differ from a contract employing an executive at a technology company. Despite differences in their details, particularly regarding the terms of compensation, many employment contracts address similar issues. Terms of employment contracts often include: Base compensation (whether salary or commission) Bonuses and other incentive compensation Job title and responsibilities Benefits, such as health, disability and life insurance Sick leave and vacation pay Starting and ending dates of the employment relationship Performance expectations Provisions regarding how the contract may be terminated Severance pay Whether employment can be terminated without cause, or at will Grounds for termination if cause is required Obligations to keep trade secrets or other information confidential The... --- > Employees expect their contracts to be upheld, so if you suspect that your employer has committed a breach of contract, you may be greatly concerned for your financial and professional wellbeing. Contact our Oakland discrimination lawyers to discuss your circumstances. - Published: 2017-10-19 - Modified: 2025-02-11 - URL: https://www.minnisandsmallets.com/breach-of-contract-lawyer-san-francisco-california/ San Francisco Breach of Contract Lawyers California attorneys helping employees secure their rights after the breach of an employment contract California law protects employees who have entered into legally binding employment contracts with their employers. An employment contract may provide protections against arbitrary actions, including termination and discipline without a good reason, or provide for compensation to be paid to the employee if the employer terminates the relationship. When a breach of contract causes an employee to lose income or affects other valuable rights, the employment attorneys at Minnis & Smallets work to assure that the employee receives a remedy for the employer’s broken promise. Do you have an employment contract? An employment contract may be in the form of a formal written agreement. A written employment contract may also take the form of an offer letter that specifies the terms and conditions of the employment being offered. If you accepted the offer, an employment contract was probably formed. An employment contract may also include written commission plans or incentive compensation plans. In some cases, promises contained in an employer’s written policies or handbooks may create a contract. Some employment contracts are verbal, rather than written. When an employer makes promises about your job or your compensation, and you rely on those promises when you accept or continue employment, then a contract may be formed. While it is easier to prove the existence of a written contract, you are entitled to enforce an oral employment contract if you can prove... --- > Minnis & Smallets LLP is committed to providing payment options that suit our clients’ varying financial needs. We are able to set up fee arrangements to make paying for our services easier. Call our San Francisco discrimination attorneys to get started. - Published: 2017-10-11 - Modified: 2025-02-11 - URL: https://www.minnisandsmallets.com/our-firm/fee-arrangements/ Fee Arrangements We represent most of our clients on a contingency fee basis. This means that we do not charge our clients an hourly fee for the work we perform. Instead, our fees are based on a percentage of the recovery we are able to obtain for our client. If there is no recovery, then there is no fee. In deciding whether to offer representation on a contingency basis, our firm considers many factors, including: the facts as presented by the potential client, documentation relating to the client’s case, the law, the employer, our professional opinion as to the likelihood of success based on all of the information available to us, and the potential damages that may be obtained, such as lost wages and benefits, emotional distress, and so forth. The contingency fee compensates us for our time pursuing claims on our client’s behalf, as well as for the risk we assume of not being paid for our work until we obtain a recovery. However, the contingency fee does not compensate us for the out-of-pocket costs we incur pursuing a case. These costs vary from case to case and may include charges for court filings, court reporter services, expert witness fees, and mediation services. We do not benefit from these costs. Our firm typically advances these costs so that our clients do not have to pay them while they are unemployed and pursuing claims against their former employer. However, our clients remain responsible for reimbursing us for these costs. On... --- > Thank you for getting in touch with us at Minnis & Smallets LLP. Our San Mateo harassment attorney will be in contact with you shortly. - Published: 2017-09-15 - Modified: 2024-07-12 - URL: https://www.minnisandsmallets.com/thank-you/ Thank you for contacting us. We will get in touch with you shortly. Please note that we are not able to schedule a consultation with an attorney for every matter. If we are able to schedule a consultation, then the initial consultation will be at no charge unless we specifically advise otherwise prior to the consultation. --- > Here is the ajax form for Minnis & Smallets LLP, your most trusted San Francisco discrimination lawyers. Contact our firm for a consultation. - Published: 2017-09-15 - Modified: 2017-09-15 - URL: https://www.minnisandsmallets.com/ajax-form/ Minnis & Smallets LLP | Oakland Discrimination Lawyer | Discrimination Lawyer San Francisco × Home Our Team Aaron Minnis Sonya Smallets Evan Ettinghoff Debby Katzowitz Molly Giguiere Practice Areas Unlawful Termination Discrimination Whistleblowing Wrongful Termination Breach of Contract Harassment Sexual Harassment Other Unlawful Harassment Retaliation Discrimination Sex Discrimination Pregnancy Discrimination Disability Discrimination Reasonable Accommodations Race Discrimination Age Discrimination Leaves of Absence Family & Medical Leave Pregnancy Leave Compensation Issues Non-Payment of Bonuses Non-Payment of Commissions Non-Payment of Wages Severance & Separation Agreements Fee Arrangements Working Together – Our Process Reviews FAQ Blog Contact Us × 415-551-0885 Menu ≡Menu Search Search for: Menu Process Blog Call HomeAjax Form Call Us! DISCUSS YOUR SITUATION 415-551-0885 Compensation Issues Non-Payment of Bonuses Non-Payment of Commissions Non-Payment of Wages Discrimination Age Discrimination Disability Discrimination Pregnancy Discrimination Race Discrimination Reasonable Accommodations Sex Discrimination Employment Agreements Severance Agreements Harassment Sexual Harassment Other Unlawful Harassment Leaves of Absence Family and Medical Leave Pregnancy Leave Reasonable Accommodations Unlawful Termination Breach of Contract Discrimination Retaliation Whistleblowing Wrongful Termination Our Team PARTNER SONYA SMALLETS Arrow PARTNER AARON MINNIS Arrow Associate EVAN ETTINGHOFF Arrow LEGAL ASSISTANT DEBBY KATZOWITZ Arrow Our Awards CONTACT US TODAY If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry. Full Name*Phone*Email* Type a messagePlease note that we are not able to schedule a consultation with an attorney for every matter. If we are able to schedule a consultation, then the initial consultation will... --- > Here is the sitemap for the Minnis & Smallets LLP website. Call our San Francisco employment law attorneys if you need help with your case. - Published: 2015-03-09 - Modified: 2015-03-09 - URL: https://www.minnisandsmallets.com/sitemap/ Sitemap Accessibility Notifications Ajax Form Breach of Contract Contract Review and Negotiation FAQ Home Meet Our Team Aaron Minnis Debby Katzowitz Evan Ettinghoff Molly Giguiere Sonya Smallets Practice Areas Discrimination Age Discrimination Disability Discrimination Race Discrimination Sex Discrimination Pregnancy Discrimination Reasonable Accommodations Unlawful Termination Workplace Discrimination Retaliation Whistleblowing Wrongful Termination Breach of Contract Harassment Sexual Harassment Other Unlawful Harassment Leaves of Absence and Other Workplace Accommodations Family and Medical Leave Pregnancy Leave Compensation Issues Non-Payment of Wages Non-Payment of Bonuses Non-Payment of Commissions Privacy Statement Privacy Statement Privacy statement (US) Service Areas Severance and Separation Agreements Thank You Our Firm Fee Arrangements Working Together – Our Process Client Reviews Blog Contact Us Today Disclaimer Sitemap --- > The information you have read and gathered from this site is not considered legal advice. Call our San Mateo discrimination lawyers for a consultation. - Published: 2015-02-26 - Modified: 2017-09-15 - URL: https://www.minnisandsmallets.com/disclaimer/ Disclaimer The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.         --- > Pregnancy Discrimination Lawyers in California: We have successfully defended the legal rights of many employees who have been discriminated against. - Published: 2015-02-23 - Modified: 2025-11-06 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/discrimination-lawyers-san-francisco/pregnancy-discrimination/ San Francisco Pregnancy Discrimination Attorneys The pregnancy discrimination lawyers at Minnis & Smallets help women who have been subjected to pregnancy discrimination at work. California and federal law prohibits pregnancy discrimination in hiring, firing, and in the terms and conditions of employment. California law also guarantees most employees the right to take job-protected pregnancy leave under certain circumstances. When those laws are violated, the pregnancy discrimination lawyers at Minnis & Smallets help individuals pursue compensation and other remedies. What is pregnancy discrimination? Pregnancy discrimination involves treating a pregnant employee or job applicant unfavorably because of her pregnancy. Pregnancy discrimination is often based on the stereotype that pregnant women will not continue in their job after childbirth or on the belief that pregnant women are less capable than other employees. Examples of illegal discriminatory treatment include: Refusing to hire an employee because of her pregnancy. Terminating an employee after learning that she is pregnant. Refusing to give a pay raise or promotion to an employee because she is pregnant. Delaying a pay raise until a pregnant employee returns to work after delivering her baby. Assigning a pregnant employee to a less favorable shift or to a less visible position. In some cases, employers make comments or engage in other behavior that, standing alone, shows pregnancy discrimination. This includes making disparaging remarks about pregnant employees or stereotyping pregnant employees. In other cases, discrimination is inferred from the circumstances or timing of events, including the fact that the employer treats a pregnant employee... --- > When you work with Minnis & Smallets, SF employment lawyers, you can be confident that we will listen to and communicate with you throughout the process - Published: 2015-02-22 - Modified: 2025-10-22 - URL: https://www.minnisandsmallets.com/our-firm/working-together-process-employment-lawyers/ Working Together - Our Process When you work with Minnis & Smallets, you can be confident that we will listen to and communicate with you throughout the process. We will ensure that you understand your legal rights and options, through satisfactory resolution of your situation. Initial Contact When you contact us, you will speak confidentially with us about your situation and what you are looking for in reaching out to an attorney. Based on the information you provide, we may decide to schedule an appointment to speak with one of our attorneys. In advance of that meeting, you may be asked to send us relevant documents, including, for example, a timeline, your offer letter, employment agreement, W-2, nondisclosure agreement, relevant emails, performance evaluations, warnings, termination letter, or severance agreement. Our team will review the information you provide and will assess if we are able to schedule an appointment or provide a referral. Unfortunately, we are unable to schedule an appointment to speak with one of our attorneys for everyone who calls and apologize if we cannot help you with your current legal concerns. Talking With The Attorney The purpose of this confidential meeting with one of our partners is to: discuss the situation that caused you to contact us; review relevant documents; explore your needs, questions and concerns; identify any challenges or obstacles to resolution; and develop the best strategies to meet your goals. By the end of the meeting, you will have an understanding of your legal rights and... --- > Workplace Unlawful Harassment Lawyers, San Francisco: Employees have a legal right to a workplace free of unlawful harassment. Learn more now. - Published: 2015-02-11 - Modified: 2025-02-11 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/harassment/other-unlawful-harassment/ San Francisco Unlawful Workplace Harassment Attorneys The harassment attorneys at Minnis & Smallets help victims of unlawful harassment in the workplace. California law protects the right of workers to be free from discriminatory harassment. Unlawful harassment in the workplace occurs when employees are harassed because of their race, gender, or membership in any other group that is protected by laws that prohibit employment discrimination. The workplace harassment lawyers at Minnis & Smallets represent victims who were subjected to unlawful harassment in their jobs. What is harassment? In the context of employment, harassment is offensive conduct directed toward employees because of their membership in a protected class, such as because of their sex, race, sexual orientation, age, or disability. Examples of offensive conduct include racial or ethnic slurs, mocking an accent, offensive jokes, stereotyping, derogatory remarks that refer to the employee’s protected class, ridicule, insults, physical assaults, threats, intimidation, offensive pictures or cartoons, and interference with work performance. When does workplace harassment become unlawful? Harassment is unlawful when it sufficiently offends, humiliates, or distresses an employee so as to disrupt their emotional tranquility in the workplace, affect their ability to perform the job as usual, or otherwise interfere with their personal sense of well-being. The harassment must be sufficiently severe or pervasive that a reasonable person would regard it as intimidating, hostile, or abusive. The hostile work environment may be created by business owners and supervisors, by other employees, or by other people (such as independent contractors) who are present in... --- > Learn more about the different leaves of absence available for employees, protected by California Law. - Published: 2015-02-11 - Modified: 2025-12-04 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/leaves-of-absence-and-other-workplace-accommodations/ Leaves of Absence & Other Workplace Accommodations Attorney in San Francisco The employment attorneys at Minnis & Smallets defend the rights of employees to take the leaves of absence that are legally available to them. Sometimes an employee may need to take an extended leave from work, which could mean being out for a few days to being out for a few months. In certain circumstances, state and federal laws such as the Family and Medical Leave Act (FMLA) and California laws like the California Family Rights Act (CFRA) grant employees the right to not only take this time off but return to work in the same position or within a similar capacity. Denying an employee the right to take a leave of absence that the employee is legally permitted to take is a violation of the employee’s rights. Not all leaves of absence are protected by law. Speak with an experienced employment lawyer to determine whether your proposed leave is protected by law. What is Family and Medical Leave? FMLA and CFRA are quite similar. Both grant certain employees the right to take up to 12 weeks of leave from work for reasons related to their own health or close relatives’ health. Both also permit employees to take time off after the birth or adoption of a child to bond with the new child. To be eligible for FMLA/CFRA leave, an employee must have worked for their employer for a year or more and must have worked more than... --- > Employers have to make reasonable accommodations for employees with disabilities. If your request was denied, call the San Francisco discrimination attorneys at Minnis & Smallets LLP. - Published: 2015-02-11 - Modified: 2025-12-05 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/discrimination-lawyers-san-francisco/reasonable-accommodations/ San Francisco Reasonable Accommodations Attorneys The discrimination lawyers at Minnis & Smallets help employees who have been subjected to discrimination because of their physical or mental disabilities. California’s Fair Employment and Housing Act (FEHA) and federal law require employers to provide reasonable accommodations to disabled employees if the accommodations do not cause undue hardship, such as significant expense or difficulty. Disabled employees may request their employers to reasonably accommodate any work limitations caused by the disability. What reasonable accommodations are employers required to provide? Reasonable accommodations are modifications or adjustments employers make to allow disabled employees to perform the essential functions of their jobs. Reasonable accommodations can include: paid or unpaid leave of absence for treatment or recovery delegation of non-essential job duties time off for medical appointments flexible work schedule modification of employer policies or expectations transfer to a vacant position making work stations and facilities readily accessible job restructuring or other tools allowing disabled employees to perform their jobs Where can I get legal help? At Minnis & Smallets, our lawyers have protected the legal rights of many disabled executives, professionals, and employees who need reasonable accommodations to perform the essential functions of their jobs. Please call us at 1-415-551-0885 or use our contact form. FAQs About Reasonable Accommodations in California --- > Compensation issues affect employees quality of life. The San Francisco attorneys at Minnis & Smallets LLP are here to help those employees affected by compensation issues in the Bay Area. Call our San Francisco harassment lawyers now. - Published: 2015-02-11 - Modified: 2025-02-11 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/compensation-issues/ San Francisco Compensation Issues Attorneys The employment lawyers at Minnis & Smallets help employees recover the compensation to which they are entitled. When an employee takes a job, the employee agrees to work for an employer in exchange for compensation, such as an hourly wage or salary. When a company promises a certain type and amount of compensation, it is required to pay the employee the compensation it has promised. In addition, laws like the California Labor Code and the federal Fair Labor Standards Act (FLSA) impose certain requirements on employers regarding employee compensation. What Are An Employee’s Legal Rights to Compensation? Employees have the right to be paid in accordance with the law: Employees have the right to be paid the minimum wage. In California, the minimum wage is $14 per hour and, in certain cities, such as San Francisco, it is even higher. Currently, San Francisco’s minimum wage is $16. 32 per hour; Non-exempt employees who work more than 40 hours in a workweek or 8 hours in a day must be paid overtime wages; and Non-exempt employees have the right to meal and rest breaks. Non-payment of wages is not just the act of withholding an employee’s pay. Making an employee work while not clocked in, requiring employees to work through their breaks, and making illegal wage deductions are all illegal means to avoid paying employees. Are Employees Entitled to Commissions and Bonuses? Non-payment of Commissions Just like stated wages, employees must be paid the commissions they... --- > Non Payment of Wages Lawyers San Francisco: Has your employer failed to pay you all of the wages earned. We have successfully represented many … - Published: 2015-02-11 - Modified: 2025-02-11 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/compensation-issues/non-payment-of-wages/ Non-Payment of Wages Lawyers in San Francisco The wage attorneys at Minnis & Smallets help workers recover unpaid overtime and other unpaid wages. Every employee has the right to be paid the wages they have earned. However, there are times when a dispute arises between employers and employees about whether the employee has been paid all of the compensation that is owed. When employees are not paid the wages or compensation that is due under the terms of an agreement with the employer, the San Francisco employment lawyers at Minnis & Smallets can help employees to recover these unpaid wages. What wages are employees entitled to be paid? California law regulates the payment of wages. Under California law, “wages” is defined as money or other value that is received by an employee as compensation for labor or services performed. Employers who fail to pay wages earned by employees may owe employees compensation in addition to the wages they earned. The California laws that pertain to the payment of wages include: Unpaid wages: Within the time required by law, employers must pay employees all their earned wages, including promised commissions and bonuses. Employers cannot promise one wage and later decide to pay a lesser wage for hours that an employee has already worked, even if the employer is not satisfied with the employee’s performance. Minimum wage: Employees must be paid minimum wage for each hour worked. The state and local minimum wages typically increase every year. Covered employers must raise wages... --- > Non-Payment of Bonuses: Employers may not neglect or refuse to pay bonuses owed to their employees. We help you to recover unpaid bonuses and advise... - Published: 2015-02-11 - Modified: 2025-02-11 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/compensation-issues/non-payment-of-bonuses/ Non-Payment of Bonuses Attorneys in San Francisco The wage lawyers at Minnis & Smallets help employees collect unpaid bonuses. California law requires all wages earned by employees to be paid, on time and in full. Bonuses are wages that must be paid when they have been earned. When employees are not paid the bonuses that they have earned, the employment lawyers at Minnis & Smallets help them recover the wages that they are entitled to receive. Our San Francisco law firm also helps employees who experience retaliation after complaining about unpaid bonuses. When is an employee entitled to payment of a bonus? Some bonuses are discretionary. If an employer reserves the right to reward exceptional work or to pay something extra if the company has a good year, whether to make that payment is up to the employer. A discretionary bonus is essentially a gift. Even if an employer has a history of giving a bonus at the end of every year, the employer can change its mind and withhold a discretionary bonus in any particular year. In some cases, however, an employer offers to pay a bonus if certain conditions are met. A bonus might be promised if an employee meets a sales target or a productivity goal. Bonuses are sometimes promised to employees who work a certain number of hours or who stay with the company for a certain number of years. A bonus might also be promised if the business exceeds a specified profit margin or if... --- > Unpaid, Non-Payment of Commissions: California law protects employees who have been promised commissions by their employers. Learn more: 415.551.0885 - Published: 2015-02-11 - Modified: 2025-02-11 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/compensation-issues/non-payment-of-commissions/ Non-Payment of Commissions Attorneys in San Francisco The wage and hour attorneys at Minnis & Smallets help employees collect unpaid commissions. Employers who do not pay employees the commissions they have earned may violate California law. A commission that has been promised and earned must be paid by the employer. The employment attorneys at San Francisco’s Minnis & Smallets help employees recover unpaid commissions. We also represent employees who experienced retaliation after complaining about or seeking the payment of commissions that were earned but not paid. What are commissions? Commissions are an employee’s earnings that are based on a percentage of the payment that an employer receives for products or services that the employee sold. A salesperson might be paid solely on the basis of commissions or might receive hybrid compensation that consists of both wages and commissions. Commissions are different from bonuses. A discretionary bonus is money paid to an employee that is not based on any objective criteria or stated reason. This type of bonus is completely within the employer’s discretion. By contrast, a non-discretionary bonus is money promised to an employee pursuant to the terms of a bonus plan that becomes binding, according to its terms, once an employee begins to perform under the terms of the plan. Some salespersons who are paid by commissions are still protected by minimum wage and overtime laws. Whether overtime laws apply depend on a number of factors, including whether the salesperson works inside or outside the place of employment, the... --- > Do you think you were fired unfairly or illegally? Contact us - we have years of experience protecting clients against unlawful termination from their jobs - Published: 2015-02-11 - Modified: 2025-10-09 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/unlawful-termination/ San Francisco Unlawful Termination Attorneys The unlawful termination attorneys at Minnis & Smallets represent employees who were wrongfully terminated from their jobs. Under most circumstances, employment is at-will. This means that the employer has the right to terminate an employee at any time, for any or no reason, even if that reason is not fair. However, the employer cannot terminate an employee for an unlawful reason. Thus, for example, an employer cannot terminate an employee for a discriminatory reason, such as because of the employee’s gender or race, or because of the employee’s disability, or because the employee is pregnant. An employer cannot terminate an employee for exercising a legal right, such as the right to request reasonable accommodations or the right to take medical leave. An employer cannot terminate an employee in retaliation for reporting the employer’s unlawful conduct. What Are Some Unlawful Reasons for a Termination? A termination may be unlawful for a variety of reasons. The following are some of the most common: Termination due to discrimination. Unlawful discrimination includes discrimination based on sex, pregnancy, race, disability, religion, ethnicity, sexual orientation, or national origin; Termination as retaliation. This includes a termination meant to punish an employee for engaging in a protected activity or for exercising a legally protected right, such as the right to seek reasonable accommodations in the workplace, the right to take family or medical leave, the right to file a discrimination claim, or the right to act as a whistleblower; and Termination in breach... --- > We are Workplace Discrimination Lawyers and powerful advocates for employees who have suffered discrimination at work. Confidential: (415) 551-088 - Published: 2015-02-11 - Modified: 2025-09-10 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/discrimination-lawyers-san-francisco/ San Francisco Discrimination Attorneys The discrimination attorneys at Minnis & Smallets represent employees who have been subjected to discrimination at work because of their gender, race, disability, sexual orientation, age or another protected characteristic. Employees who have been subjected to workplace discrimination are protected by law. However, a word of caution: what an employee might think of as discrimination may not qualify as actual discrimination under state and federal employment laws. What is unlawful discrimination? Unlawful employment discrimination involves treating an employee or job applicant unfavorably because of that person’s membership in a particular class, such as their race, age, sex, sexual orientation, nationality, or disability. This means that, in order for an action to qualify as discrimination, an employer must treat an employee or job applicant differently because that person belongs to a category that is protected under the law. Employment discrimination is illegal and occurs when employers treat employees differently at work because of: Disability Sex, Gender or Gender Identity Sexual Orientation Pregnancy Race and National Origin Age Religion Or other protected class A manager or supervisor acts unlawfully when he or she takes an adverse employment action because of discrimination on the basis of one of these protected categories. What is an adverse employment action? In order to successfully bring a claim of employment discrimination, an employee must be able to show that the employer took an adverse employment action against the employee, and that discrimination motivated that action. Under California and federal law, adverse employment actions... --- > Corporate Whistleblowers & Whistleblowing: Employees who report employer misconduct are legally protected as whistleblowers from employer retaliation - Published: 2015-02-11 - Modified: 2025-02-11 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/unlawful-termination/whistleblowing/ San Francisco Whistleblowing Lawyers The whistleblowing attorneys at Minnis & Smallets represent employees who have experienced retaliation after reporting or refusing to participate in an employer’s misconduct. Corporate whistleblowers are employees who report fraud or other illegal activity in the workplace, either internally to management or externally to appropriate authorities. Both California and federal laws protect employees who engage in whistleblowing by reporting employer misconduct or refusing to participate in illegal acts. The employment attorneys at Minnis & Smallets help California whistleblowers obtain compensation when they have been terminated for conduct that is protected by whistleblower laws. Who is a whistleblower? California law defines a whistleblower as an employee who reports any of the following corporate misconduct: A violation of state or federal law A failure to comply with government regulations Unsafe working conditions or an unhealthy working environment California employees who reasonably believe that their employer has engaged in misconduct are protected when they report that misconduct to: A supervisor A corporate employee whose job involves investigating or correcting the violation A government agency that regulates the employer’s business A law enforcement agency Whistleblower laws also protect employees who provide information with regard to or testify during a government investigation or hearing concerning this kind of misconduct. In addition, employees are entitled to whistleblower protection when they refuse an employer’s orders to participate in unlawful activity, such as fraud. What are some examples of whistleblowing? Reporting any violation of a state or federal law or regulation to an appropriate... --- > Breach of Contract Lawyers: California law protects employees from breach of contract by employers when a legally binding employment contract exists. - Published: 2015-02-11 - Modified: 2025-02-11 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/unlawful-termination/breach-of-contract/ San Francisco Breach of Contract Attorneys The employment attorneys at Minnis & Smallets help employees secure their rights after the breach of an employment contract by their employers. California law protects employees who have entered into legally binding employment contracts with their employers. An employment contract may provide protections against arbitrary actions, including termination and discipline without a good reason, or provide for compensation to be paid to the employee if the employer terminates the relationship. When a breach of contract causes an employee to lose income or affects other valuable rights, the employment attorneys at Minnis & Smallets work to ensure that the employee receives a remedy for the employer’s broken promise. What is an employment contract? An employment contract may be in the form of a formal written agreement. A written employment contract may also take the form of an offer letter that specifies the terms and conditions of the employment being offered. An employment contract may also include written commission plans or incentive compensation plans. In some cases, promises contained in an employer’s written policies or handbooks may create a contract. Some employment contracts are verbal rather than written. When an employer makes promises about the job or compensation, and the employee relies on those promises when accepting or continuing employment, then a contract may be formed. While it is easier to prove the existence of a written contract, an employee is entitled to enforce an oral employment contract if the employee can prove that an oral... --- > Read client reviews of our process, care, and powerful legal protection to see if we're the right fit for your workplace issue. - Published: 2015-01-22 - Modified: 2022-06-10 - URL: https://www.minnisandsmallets.com/reviews/ Client Reviews --- > Employment Attorneys in SF equipped to deal with harassment in the workplace - contact us if you feel like you've been harassed and need protection. - Published: 2015-01-08 - Modified: 2025-09-10 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/harassment/ San Francisco Harassment Lawyers The harassment lawyers at Minnis & Smallets help employees who have been subjected to harassment. Harassment in the workplace can take many forms. Basically, it is the act of creating a hostile work environment for an employee, based on that individual’s protected status. Harassment in the workplace is unlawful. A few examples of workplace harassment include: Using derogatory language with and around an employee; Subjecting an employee to offensive images and text; Making unwanted physical contact with an employee; and Interfering with an employee’s work. Sexual Harassment versus Other Types of Harassment Unlawful harassment must be based on an employee’s protected status. For example, it is unlawful to harass an employee based on the employee’s race, gender, sexual orientation or another protected class. Harassment involves conduct that creates a hostile, offensive, oppressive, or intimidating work environment. When harassment has a sexual component, it is referred to as “sexual harassment. " Although sexual harassment can mirror other types of harassment by creating a hostile work environment, it can also be used to extract sexual concessions from an employee. This form of sexual harassment is known as “quid pro quo” harassment. It can take the following forms: Promising an employee favorable treatment, such as a raise, a promotion, or perks in the workplace in exchange for a sexual relationship; Making a sexual relationship a requirement for promotion or hiring; and Retaliating against an employee for refusing to engage in a sexual relationship with the harasser, which can be... --- > Employees who have been subjected to workplace disability discrimination are protected by law. Contact us if you’ve been discriminated against in this way.. - Published: 2015-01-08 - Modified: 2025-11-06 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/discrimination-lawyers-san-francisco/disability-discrimination-lawyers-san-francisco/ San Francisco Disability Discrimination Lawyers The disability discrimination attorneys at Minnis & Smallets help employees who have been subjected to discrimination because of their physical or mental disabilities. Employees with physical or mental disabilities often face discrimination in hiring and in their work environment, including their employer refusing to accommodate their disability. When employees are fired, denied reasonable accommodations, or subjected to other forms of discrimination because of a disability, the disability discrimination lawyers at Minnis & Smallets can help. Which employees are considered to be disabled? California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA) protect employees with disabilities. Employees are considered disabled if their physical or mental conditions limit their ability to work or to perform other major life activities. The impairment of a major bodily function is also classified as a disability. Protected disabilities include: HIV/AIDs, heart disease, diabetes, hepatitis, and other chronic conditions Neurological impairments, such as epilepsy and severe migraine headaches Cancer, genetic conditions, and other serious long-term illnesses Major depression, anxiety, bipolar disorder, schizophrenia, and other psychiatric conditions Paralysis or other spinal disorders Dysfunctional or amputated limbs Vision or hearing impairments Learning and cognitive disabilities Other physical or mental conditions that limit the performance of a major life activity Individuals who are perceived as having a disability are also protected by discrimination laws, even if the perception is incorrect. An employee who is associated with another disabled person, such as a son, daughter, spouse or another family member,... --- > Workplace Retaliation Lawyers San Francisco: Employees are protected from retaliation when they object, refuse to participate in, or complain about… - Published: 2015-01-08 - Modified: 2025-11-07 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/unlawful-termination/workplace-retaliation-lawyers-san-francisco/ San Francisco Retaliation Attorneys The retaliation attorneys at Minnis & Smallets help employees who have been subjected to retaliation after making or participating in an employment discrimination claim. Federal and state laws prohibit retaliation against employees who complain about employment discrimination, harassment, or other activities protected by employment laws. Retaliation may consist of unlawful termination, demotion, abusive treatment, or other unfair actions. The same laws protect employees who assist other employees in pursuing employment discrimination claims. Retaliating against an employee for pursuing a claim of employment discrimination or harassment or for assisting another employee who has been subjected to discrimination pursue a complaint is unlawful. Employees are protected from retaliation even if employment discrimination cannot be proven, so long as they have a reasonable belief that it occurred. If the employer took any adverse action against an employee for making or participating in a claim of discrimination or harassment, then the employee who was subjected to retaliation may be entitled to a remedy. What concerns can an employee raise and be protected from retaliation? A number of laws prohibit retaliation against employees for engaging in protected activity. Those laws protect employees who make discrimination claims due to race, sex or gender, sexual orientation, national origin, religion, age, disability, or membership in any other protected class. Those laws also protect employees who complain about harassment or a hostile work environment. Employees, however, are not protected from retaliation if they are not reporting unlawful conduct. Protected activities covered by employment discrimination laws... --- > Family and Medical Leave, FMLA, Lawyers San Francisco: Employees are entitled to take Family & Medical Leave under certain circumstances. Learn more. - Published: 2015-01-08 - Modified: 2025-12-04 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/leaves-of-absence-and-other-workplace-accommodations/family-and-medical-leave-claims/ San Francisco Family and Medical Leave Attorneys The employment lawyers at Minnis & Smallets help protect the rights of employees to take family, medical, or other protected leave. Under certain circumstances, employees are entitled to take job-protected leave from work because of their own or a family member’s serious health condition or to bond with a newborn baby. The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide remedies for employees who are denied required leave, who are fired for taking it, or who are not allowed to return to work after their leave ends. The lawyers at Minnis & Smallets help employees pursue those remedies when their rights have been violated. When are employees entitled to take a family or medical leave? The FMLA and the CFRA give many employees the right to take up to 12 weeks of unpaid leave for any of the following reasons: The employee’s serious health condition The serious health condition of the employee’s child, parent, or spouse Bonding with a child after childbirth (maternity/paternity leave) The adoption or foster care placement of a new child in the employee’s family Under CFRA, employees may also take leave in order to care for the serious health condition of a domestic partner, parent-in-law, grandparent, grandchild, or sibling. These family members are not eligible under FMLA. A “serious health condition” includes any condition that requires an overnight, inpatient stay in a health care facility; a period of incapacity of more than... --- > Pregnancy Disability Leave Act California: It’s illegal to retaliate against employees for requesting / taking pregnancy disability leave. Learn more. - Published: 2015-01-08 - Modified: 2025-12-04 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/leaves-of-absence-and-other-workplace-accommodations/pregnancy-leave/ San Francisco Pregnancy Leave Lawyers The pregnancy leave attorneys at Minnis & Smallets help California and Bay Area employees understand their rights. The majority of California employers are required to allow qualifying employees to take a leave of absence if they experience a disability due to pregnancy or pregnancy-related conditions. The pregnancy leave attorneys at Minnis & Smallets, LLP can help enforce your rights under California and federal statutes if you suffer retaliation, are terminated, lose benefits, or are subject to other forms of unlawful conduct. Please contact our San Francisco office to schedule a free consultation about your circumstances, and check out some useful information about these laws. Overview of Pregnancy Leave Laws State and federal statutes have varying implications for employees who need to take a leave of absence due to pregnancy and/or pregnancy-related conditions. California is one of only a few states that provides pregnancy disability leave and family medical leave when combined with certain federal laws. Still, there is a wide array of eligibility rules, conflicting legal requirements, overlapping provisions, and other complex concepts under such statutes as: Pregnancy Disability Leave Law (PDL): This statute is part of the California Fair Employment and Housing Act (FEHA), and it applies to all employers with five or more employees. PDL allows up to four months of leave to an employee who suffers from a pregnancy-related physical or mental condition that impacts her ability to perform essential job-related tasks. There is no minimum for the number of hours or... --- > An Employment Severance & Separation Agreement in California can be lengthy and complex. We have advised many executives, professionals, & employees… - Published: 2015-01-08 - Modified: 2025-02-11 - URL: https://www.minnisandsmallets.com/severance-agreements/ San Francisco Severance & Separation Agreement Lawyers The severance agreement attorneys at Minnis & Smallets help employees and executives negotiate the terms of their severance agreements. A severance agreement (sometimes known as a separation agreement or termination agreement) is a contract that governs the terms under which employment will end. Most severance agreements promise the employee a sum of money (“severance pay”) in exchange for surrendering the opportunity to make any kind of legal claim against the employer. Since employees may be giving up valuable rights by signing a severance agreement, asking an employment lawyer to review the proposed agreement, and perhaps negotiate changes, is always wise. The California employment lawyers at Minnis & Smallets help executives and other employees negotiate severance agreements that are appropriate in light of their circumstances. What is the purpose of a severance agreement? While employers can reward loyal service by providing severance pay without asking the departing employee to sign a severance agreement, employers often offer severance agreements because it is in their own interests to do so. State law does not require employers to provide severance pay in California, and generally, there is no set standard for severance payments employers may offer unless required by a company policy or a contract. Many employers offer severance in order to get employees to release all legal claims against them. Severance agreements may be offered as a matter of ordinary business practice or, otherwise, to resolve a potential dispute, such as a claim that the employee... --- > Sexual Harassment Lawyers San Francisco: We have represented many executives, professionals, & employees who have been harassed at work. Learn more… - Published: 2015-01-08 - Modified: 2025-11-06 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/harassment/sexual-harassment/ San Francisco Sexual Harassment Attorneys The sexual harassment attorneys at Minnis & Smallets help employees who have been subjected to sexual harassment. Sexual harassment is a form of sex discrimination. Employees in San Francisco and elsewhere in California have a right to work in an environment that is not abusive or hostile to employees because of their sex or gender or sexual characteristics. Employees also have a right to be free from unwelcome sexual advances. In addition to sex-based harassment, California law prohibits harassment in the workplace that is motivated by an employee’s sexual identity. California law specifically prohibits workplace harassment of employees because they are gay, lesbian, bisexual, or transgender, or because the employee does not conform to gender stereotypes. What is sexual harassment? How is sexual harassment defined? Sexual harassment can occur in many ways, but employment discrimination laws divide prohibited sexual harassment into two categories: Quid pro quo harassment occurs when an employer conditions future employment or benefits on the employee’s participation in unwanted sexual conduct or acceptance of abusive or offensive conduct that is related to the employee’s gender. For example, threatening to fire an employee if she rejects or complains about unwelcome sexual advances is a form of sexual harassment. Offering a promotion in exchange for a sexual relationship is another example. A hostile work environment involves unwelcome conduct that occurs because of the employee's sex and creates a hostile, offensive, oppressive, or intimidating work environment. Such harassing conduct is unlawful when it sufficiently offends,... --- > Wrongful Termination Lawyers: Employers are not allowed to terminate employees for reasons violating California laws & regulations. Learn more… - Published: 2015-01-08 - Modified: 2025-07-09 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/unlawful-termination/wrongful-termination-lawyers-san-francisco/ San Francisco Wrongful Termination Lawyers The wrongful termination lawyers at Minnis & Smallets represent employees who have been terminated from their jobs for an unlawful reason. Most employment relationships in California are considered to be “at-will,” meaning that an employer can discharge an employee at any time for a good reason, a bad reason, or no reason at all. However, employers cannot base a termination on a reason that is unlawful or that violates an important public policy. A wrongful termination occurs when an employee is fired for a reason that violates a law, regulation, or policy of the State of California or of the United States. Some terminations are prohibited by specific employment laws, but California courts also recognize unlawful terminations that are contrary to public policy. Public policy is something that involves a fundamental interest of the public at large, rather than simply the relationship between a single employer and its employee. Therefore, a public policy is grounded in state or federal law or regulation. The wrongful termination lawyers at Minnis & Smallets represent employees in San Francisco and elsewhere in the Bay Area who have been fired for conduct that is protected by laws or public policies. Employees who were unlawfully terminated are often entitled to lost wages, emotional distress damages, and, in some cases, additional compensation. What is wrongful termination in violation of public policy? A number of California and federal laws make it unlawful to fire an employee for engaging in conduct that the law... --- > Do you need the assistance of an experienced San Francisco discrimination lawyer? Call Minnis & Smallets LLP to schedule an initial consultation today. Their office is located in the San Francisco Financial District. - Published: 2011-08-20 - Modified: 2026-03-02 - URL: https://www.minnisandsmallets.com/contact/ Our firm has the skills to navigate our clients through difficult employment situations. PHONE NUMBER 1-415-551-0885 OFFICE LOCATION San Francisco Financial District 57 Post Street, Suite 801 San Francisco, CA 94104 FOLLOW US ON FacebookTwitterLinkedinGoogle WRITE A MESSAGE If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry. --- > Employment law firm founded on years of experience and a deep belief in personal service. We work as advocates for employees all over the Bay Area. - Published: 2011-08-20 - Modified: 2024-06-14 - URL: https://www.minnisandsmallets.com/practice-areas-employment-law/ Our Practice Areas Compensation Issues Compensation Issues Non-Payment of Bonuses Non-Payment of Commissions Non-Payment of Wages Discrimination Discrimination Age Discrimination Disability Discrimination Pregnancy Discrimination Race Discrimination Reasonable Accommodations Sex Discrimination Severance & Separation Agreements Severance & Separation Agreements Harassment Harassment Sexual Harassment Other Unlawful Harassment Leaves of Absence Leaves of Absence Family & Medical Leave Pregnancy Leave Unlawful Termination Unlawful Termination Breach of Contract Discrimination Retaliation Whistleblowing Wrongful Termination --- > Our experienced attorneys help Bay Area employees navigate complex and difficult circumstances in the workplace, and provide legal protection. - Published: 2011-08-01 - Modified: 2025-02-11 - URL: https://www.minnisandsmallets.com/our-firm/ Our Firm At Minnis & Smallets, our experienced attorneys help Bay Area employees navigate complex and difficult circumstances in the workplace, and protect them when their legal rights have been violated. Our clients are accomplished executives, distinguished professionals, and hard-working employees who value our personal approach: developing options tailored to each client, agreeing on a course of action that meets clients’ individual needs, and pursuing that strategy through effective negotiation, mediation, or the courts. This unique combination of responsiveness, skill, and tenacity allows our attorneys to be powerful advocates for clients throughout the legal process until they reach a satisfactory resolution. To learn more about how Minnis & Smallets can advise you about your workplace issue, call us at 1-415-551-0885 or use our contact form. --- --- ## Posts > California employees who report harassment have legal protections against retaliation. Learn what the law covers and how Minnis & Smallets LLP can help. - Published: 2026-04-26 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-protections-exist-for-employees-who-report-harassment/ - Categories: Harassment, Unlawful Termination, Workplace Retaliation - Tags: harassment, Retaliation, workplace retaliation Speaking up about workplace harassment takes real courage. For many California employees, the fear of what comes next, whether that is a demotion or even termination, can feel just as daunting as the harassment itself. Knowing what legal protections exist before taking that step can make all the difference. California law provides meaningful safeguards for employees who report harassment, particularly when an employer responds with retaliation. At Minnis & Smallets LLP, our experienced employment attorneys help Bay Area employees navigate these situations with clarity and confidence, protecting their rights at every stage of the process. Employees who have reported workplace harassment should understand how federal and state law protects them: Whistleblower Protections: Employees who report unlawful conduct like harassment are often protected by whistleblower laws that safeguard them from reprisal. Legal Action for Retaliation: If an employer retaliates, the affected employee has the right to file a legal claim seeking remedies such as damages or reinstatement. Confidential Reporting Options: Employers are typically required to provide confidential channels for reporting harassment to protect an employee’s privacy. Support from State Agencies: Employees can file complaints with the California Department of Fair Employment and Housing (DFEH), which will investigate claims of workplace harassment and retaliation. Access to Comprehensive Policies: California law mandates that employers establish clear anti-harassment policies and provide training to inform employees of their rights and reporting options. What Anti-Retaliation Protections Does California Law Provide? California law prohibits employers from taking adverse action against employees who report harassment. Several key statutes... --- > Minnis & Smallets LLP assists employees who’ve been denied their entitled paid family leave. Contact us for a case evaluation. - Published: 2026-04-12 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/how-do-california-employees-qualify-for-paid-family-leave/ - Categories: Family and Medical Leave Act, Leave of Absence - Tags: family leave, Leave of Absence, Paid Family Leave Act California's Paid Family Leave (PFL) program is one of the most protective in the country, providing workers with the financial support needed to care for a seriously ill family member, bond with a new child, or assist a family member with a military deployment. These protections exist so that employees do not have to choose between their income and the people who matter most to them. Navigating the PFL process, however, can be complex. From understanding eligibility requirements to responding to a wrongful denial, employees benefit from knowing their rights. At Minnis & Smallets LLP, our experienced employment attorneys help California workers understand their protections and take action when those rights have been violated. We explain how employees in California can qualify for Paid Family Leave, including: Contributions to the State Disability Insurance (SDI) program The need to take time off for a qualifying reason, such as bonding with a new child or caring for a seriously ill family member Providing sufficient documentation to the Employment Development Department (EDD) to support the claim What Is Paid Family Leave in California? California's PFL program provides short-term wage replacement benefits to employees who need time away from work for qualifying family-related reasons. Administered by the Employment Development Department (EDD), PFL offers benefit payments for up to eight weeks within a 12-month period. There are three types of PFL claims: Bonding: For new mothers, fathers and foster or adoptive parents welcoming a child into the home Care: For employees who become a caregiver... --- > Calculating the value of a discrimination lawsuit can be complex. Minnis & Smallets LLP helps employees understand their options. - Published: 2026-03-30 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-factors-influence-the-value-of-a-discrimination-lawsuit/ - Categories: Discrimination - Tags: Discrimination, discrimination claim, discrimination in the workplace Discrimination lawsuits provide a critical avenue for employees who have endured mistreatment in the workplace to seek compensation and justice. These legal actions address violations of fundamental employment rights and can result in significant financial recovery for those who have suffered harm. At Minnis & Smallets LLP, our experienced team helps employees throughout the Bay Area build strong cases by carefully documenting every aspect of their claims. Understanding which factors influence the value of a discrimination lawsuit can help employees make informed decisions about pursuing legal action. While every case is unique, certain elements consistently influence the potential recovery amount. Factors that potentially affect discrimination lawsuit value include: Severity and duration of discriminatory conduct Length of employment and career impact Lost career advancement opportunities Evidence of employer retaliation What Role Does the Severity of Conduct Play in Case Value? The severity of discriminatory conduct significantly influences the compensation an employee may recover. Courts and juries consider how egregious the employer's actions were when determining damages. Cases involving repeated, intentional, or particularly offensive behavior typically result in higher awards than isolated incidents. Severe discrimination often causes substantial emotional distress, which courts recognize as a compensable harm. When employers engage in conduct that includes harassment, humiliation, or other aggressive behavior, the emotional toll on employees can be profound. Documentation of this impact, through medical records, therapy notes, or personal testimony, strengthens the case for compensation. Punitive damages may be available in cases where the employer's conduct was especially malicious or reckless. These... --- > Minnis & Smallets LLP discusses how California law protects job applicants with disabilities and what legal options are available. - Published: 2026-03-16 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/can-applicants-be-denied-a-job-because-of-a-disability/ - Categories: Disability Discrimination, Discrimination - Tags: disability discrimination, Discrimination, reasonable accommodation in workplace, Reasonable Accommodations Employees with disabilities are protected under state and federal laws that forbid discrimination during the hiring process. If an individual has been denied a job opportunity due to their disability status, Minnis & Smallets LLP can help. Our firm represents accomplished professionals and hard-working individuals who have been discriminated against at work or who have questions about significant employment issues. How Does FEHA Protect Applicants With Disabilities? The California Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against job applicants on the basis of physical or mental disabilities. These protections extend to all areas of employment, including hiring decisions, participation in training programs, and job placement. FEHA takes a broad approach to defining disability, encompassing both physical and mental impairments that significantly limit major life activities. The law protects not only individuals with actual disabilities but also those with a history of disability or those perceived to have a disability, even if no disability exists. Employers are required to assess job applicants without regard to their actual or perceived disabilities. This means hiring decisions must be based on an applicant's qualifications and ability to perform essential job functions, not on assumptions or stereotypes about disability. The Americans with Disabilities Act (ADA) provides additional federal protections, working alongside FEHA to safeguard the rights of qualified individuals with disabilities throughout the hiring process. What Do "Reasonable Accommodations" Mean During Hiring? Reasonable accommodations are modifications that allow qualified applicants with disabilities to participate fully in the application and interview process. These... --- > Learn about California whistleblower rights, what counts as protected activity and how Minnis & Smallets LLP helps employees fight workplace retaliation. - Published: 2026-02-24 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/whistleblower-rights-and-retaliation-protections-in-california-workplaces/ - Categories: Whistleblower, Workplace Retaliation - Tags: Whistleblower, workplace retaliation, workplace retaliation attorney Reporting unlawful activity or unsafe conditions in the workplace requires immense courage. Employees often fear that speaking up will jeopardize their careers or livelihoods. However, California law offers robust protections for individuals who expose misconduct. At Minnis & Smallets LLP, our experienced attorneys are dedicated to helping employees through the complex legal landscape surrounding whistleblower retaliation. We provide the personal attention necessary to ensure that those who speak truth to power are protected under the law. What qualifies as whistleblowing under California law? A whistleblower is an employee who discloses information regarding a violation of the law or unsafe working conditions. Under California Labor Code Section 1102. 5, employees are protected when they have reasonable cause to believe that the information they disclose reveals a violation of a state or federal statute, or noncompliance with a local, state or federal rule or regulation. Protected activities generally fall into three categories: Reporting Legal Violations: Disclosing information about a violation of state or federal statutes or regulations. Health and Safety Concerns: Reporting unsafe working conditions or practices that threaten employee health and safety. Refusal to Participate: Refusing to participate in any activity that would violate state or federal laws, or fail to comply with local, state or federal rules and regulations. It is important to note that an employee does not need to be correct about the violation to be protected; they simply must have a reasonable belief that a violation occurred. Furthermore, protections extend to "perceived" whistleblowers, or employees whom an... --- > Learn what constitutes quid pro quo harassment, from promised promotions to threats of firing. Prove this workplace violation with Minnis & Smallets LLP. - Published: 2026-02-10 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-are-examples-of-quid-pro-quo-harassment-at-work/ - Categories: Harassment, Workplace Retaliation - Tags: harassment, quid pro quo, quid pro quo harassment No employee should have to choose between their dignity and their paycheck. Quid pro quo harassment, a Latin phrase meaning "this for that," is a severe form of workplace sexual harassment that forces workers into impossible situations. It occurs when a supervisor or person in power conditions job benefits on the acceptance of sexual advances. This behavior is not only unethical but also unlawful under California’s legal provisions. At Minnis & Smallets LLP, our experienced attorneys are dedicated to helping employees in the Bay Area recognize these violations and protect their legal rights. What Constitutes "This for That" Harassment? In the context of employment law, quid pro quo harassment is distinct because it involves a transactional abuse of power. Unlike a hostile work environment, which may involve pervasive jokes or comments from coworkers, quid pro quo specifically requires a person in a position of authority to leverage their power. To legally qualify as quid pro quo harassment in California, three main elements usually must be present: Unwelcome advances: The employee experiences unwanted sexual advances, comments or demands. Supervisory authority: The perpetrator is a supervisor or someone with the power to influence employment decisions. Tangible employment action: A job benefit is promised in exchange for compliance, or a negative employment action (like firing or demotion) occurs or is threatened due to refusal. How Do Power Dynamics Factor In? The core of quid pro quo harassment is the imbalance of power. Unlike a coworker with equal standing, supervisors and managers are in... --- > Wrongful termination is a serious issue that jeopardizes employees’ financial well-being. Contact Minnis & Smallets LLP for a consultation. - Published: 2026-01-27 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/when-is-firing-an-employee-unlawful-in-california/ - Categories: Unlawful Termination, Wrongful Termination - Tags: unlawful termination, wrongful termination, wrongful termination attorney Losing a job is often one of the most stressful life events a person can experience, especially when it happens unexpectedly or feels unfair. Being let go can leave employees questioning their performance, their future, and whether the termination was even legal. While California gives employers significant flexibility, there are clear boundaries protecting workers from unlawful dismissal. At Minnis & Smallets LLP, our attorneys have the skills to navigate our clients through complex employment situations, helping employees determine if their rights were violated. Here’s what employees need to know about wrongful termination: California is an "at-will" employment state, meaning termination can occur with or without cause. Exceptions exist for discrimination, retaliation and protected activities. Employment contracts can limit an employer's ability to fire at will. Terminated employees may be entitled to compensation if laws were broken. How does at-will employment work in California? Under California Labor Code Section 2922, employment is presumed to be "at-will. " This generally means that employers can lawfully terminate an employee at any time, for almost any reason or even for no reason at all. Conversely, employees are also free to resign at any time without penalty. However, this broad rule does not give employers carte blanche to fire employees for unlawful reasons. While a boss might legally fire someone due to personality clashes or budget cuts, they cannot cross the line into discriminatory or retaliatory behavior. Understanding this distinction is often the first step in identifying a wrongful termination claim. What are the common... --- > Both the FMLA and the CFRA offer protection for employees who need medical leave. Minnis & Smallets LLP discusses the differences. - Published: 2026-01-13 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/understanding-californias-family-and-medical-leave-laws-cfra-fmla-and-paid-sick-leave-explained/ - Categories: Family and Medical Leave Act, Leave of Absence - Tags: CFRA, FMLA, medical leave California employees often face difficult employment situations involving health crises or family care needs. Fortunately, the state provides robust legal protections ensuring workers can take the necessary time off without fear of losing their livelihoods. Navigating the complex web of state and federal statutes, however, requires careful attention to detail. Minnis & Smallets LLP possesses the skills to navigate clients through these challenging circumstances, helping accomplished executives and hard-working hourly employees alike understand their options under the law. How do CFRA, FMLA, and Paid Sick Leave differ for California employees? While the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) share similarities, critical differences exist regarding eligibility and scope. FMLA applies to public agencies and private sector employers with 50 or more employees within a 75-mile radius. In contrast, the CFRA covers smaller employers with as few as five employees. This distinction significantly expands access to job-protected leave for California workers who might not be eligible under federal law. Furthermore, the definition of family members differs. FMLA typically covers spouses, children and parents. CFRA expands this definition to include domestic partners, grandparents, grandchildren, siblings and a "designated person" chosen by the employee. Additionally, California Paid Sick Leave is a separate benefit entirely. Employers provide paid time off for diagnosis, treatment or preventative care for the worker or a family member, distinct from the unpaid, 12-week job-protected leave provided by FMLA and CFRA. What documentation can employers legally request? When an employee requests CFRA or... --- > Minnis & Smallets LLP is dedicated to helping employees seek their previous job positions after quitting due to intolerable conditions. - Published: 2025-12-23 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/is-it-possible-to-return-to-work-after-quitting-over-intolerable-conditions/ - Categories: Discrimination, Leave of Absence, Workplace Retaliation - Tags: Discrimination, Leave of Absence, unlawful retaliation Employees who quit their jobs due to intolerable working conditions may feel they have no recourse. However, California law sometimes views such resignations as a form of wrongful termination, which can open the door to legal remedies, including getting a job back. Understanding the available options is the first step toward protecting one's rights. The experienced attorneys at Minnis & Smallets LLP help employees navigate these difficult situations and explore their legal options. What is Considered Quitting Due to Intolerable Conditions? When an employer creates or knowingly allows working conditions to become so unbearable that a reasonable person would feel compelled to resign, it is known as "constructive discharge. " In California, the law treats a constructive discharge as a wrongful termination, not a voluntary resignation. To prove a constructive discharge claim, an employee must generally show that: The working conditions were so intolerable that any reasonable employee in the same position would have felt forced to quit. The employer either intentionally created or knowingly permitted these intolerable conditions to persist. The resignation was a coerced result of these conditions, not a voluntary choice made for other reasons. What Are Examples of Intolerable Conditions? Intolerable conditions can arise from a wide range of situations. While every case is unique, some circumstances that may lead to a successful constructive discharge claim include: Explicit threats or coercive actions by an employer, such as a manager stating they will make an employee's life miserable until they quit. Failure to address serious safety complaints,... --- > Employees in the Bay Area facing a demotion after disclosing a disability can rely on Minnis & Smallets LLP for dedicated legal support and protection of their rights. - Published: 2025-12-09 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/how-should-employees-handle-demotion-after-disclosing-a-disability/ - Categories: Discrimination - Tags: disability, disability discrimination, wrongful demotion Disclosing a disability at work should lead to support and reasonable accommodations, not demotion. When an employer takes adverse action, such as demoting an employee after they share information about their disability, it raises serious concerns about workplace discrimination. Employees in California have legal protections under state and federal laws. Understanding these rights is the first step toward addressing the situation. For employees who find themselves in this difficult position, it is essential to know that legal recourse is available. The experienced employment law attorneys at Minnis & Smallets LLP are dedicated to protecting the rights of hard-working employees across the Bay Area and can provide the personal attention and guidance needed to navigate these complex situations. How Can a Demotion Qualify as Disability Discrimination? A demotion after an employee discloses a disability can be a form of disability discrimination. According to the Americans with Disabilities Act (ADA), it is unlawful for an employer to treat a qualified employee unfavorably because of their disability. This protection covers job assignments, pay and promotions. When a demotion follows the disclosure of a disability, it may be considered discrimination if the employer's action is based on stereotypes or assumptions about the employee's ability to perform their job. The timing of the demotion can be a critical factor; if it happens shortly after the disability is revealed, it could suggest a direct link between the disclosure and the adverse employment action. This unfair treatment is prohibited, and affected employees have the right to challenge... --- > Discrimination in the hiring process can be subtle. Learn about the signs and take action with Minnis & Smallets LLP. - Published: 2025-11-25 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-does-discrimination-look-like-during-the-hiring-process/ - Categories: Discrimination - Tags: Discrimination, discrimination claim, discrimination in the workplace Discrimination in the hiring process occurs when a job applicant receives unfair or unequal treatment based on their membership in a protected class. This issue remains prevalent across California workplaces, affecting accomplished executives, distinguished professionals and hard-working employees seeking new opportunities. Recognizing the signs of discrimination and understanding available legal remedies can help individuals protect their rights. Minnis & Smallets LLP assists individuals who have experienced discrimination during the hiring process and helps them seek appropriate compensation. Key signs of discrimination during the hiring process include: Being excluded from consideration despite meeting or exceeding job qualifications Facing inappropriate questions about protected characteristics during interviews Noticing job advertisements that suggest preferences for certain demographics Experiencing unequal treatment compared to other applicants with similar backgrounds Receiving vague or inconsistent reasons for not being hired How Can Job Seekers Recognize Discrimination in Hiring? Identifying discrimination during the hiring process requires careful attention to specific actions and patterns. While some employers may openly express biased reasoning, most are aware of employment laws and avoid making explicit discriminatory statements. Job seekers should watch for subtle indicators that suggest unlawful bias influenced hiring decisions. Red flags and potential discriminatory actions include: Inappropriate interview questions: Questions about an applicant's age, marital status, religious beliefs, national origin, medical conditions or plans for having children may indicate discriminatory intent. Unequal application of standards: When similarly qualified candidates receive different treatment based on protected characteristics, discrimination may be occurring. Job advertisements with exclusionary language: Postings that specify age ranges, physical... --- > Employees should know the legal differences between quid pro quo and hostile work environment harassment. Consult with Minnis & Smallets LLP for further guidance. - Published: 2025-11-11 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/how-are-quid-pro-quo-and-hostile-environment-different-in-a-harassment-case/ - Categories: Harassment, Unlawful Termination - Tags: harassment, hostile work environment, hostile working environment Workplace harassment can take many forms, and understanding the specific legal distinctions is crucial for employees who have experienced mistreatment. At Minnis & Smallets LLP, we help Bay Area employees navigate these complex legal frameworks and protect their rights when harassment occurs in the workplace. Two primary categories of harassment recognized under employment law are quid pro quo harassment and hostile work environment harassment. While both create unlawful workplace conditions, they differ significantly in their characteristics, legal requirements and the circumstances under which they occur: Quid Pro Quo: Direct exchange where job benefits depend on submitting to harassment Hostile Environment: Pattern of conduct that creates an intimidating or offensive workplace Frequency: Single severe incident may constitute quid pro quo; hostile environment usually involve a pattern of repeated conduct Impact: Quid pro quo directly affects employment terms; hostile environment affects working conditions Our attorneys are prepared to assist employees in seeking recompense for the mistreatment they've endured. What Is Quid Pro Quo Harassment and How Is It Recognized? Quid pro quo, meaning "this for that" in Latin, occurs when someone in a position of authority makes employment decisions or job benefits conditional upon an employee's submission to unwelcome sexual or discriminatory conduct. This form of harassment involves a clear abuse of power where workplace advantages are directly tied to tolerating inappropriate behavior. The defining characteristic of quid pro quo harassment is the explicit or implicit connection between the harassing conduct and tangible employment actions. A supervisor who states that a promotion... --- > Reporting sexual harassment takes courage. San Francisco sexual harassment lawyers assist employees in navigating the process of filing a claim. - Published: 2025-10-28 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/can-i-anonymously-report-workplace-sexual-harassment/ - Categories: Harassment, Sexual Harassment - Tags: harassment, sexual harassment, sexual harassment attorney Sexual harassment is a pervasive issue that compromises an employee’s well-being and ability to perform their job. The high prevalence raises an important question for many employees: can sexual harassment be reported anonymously? Navigating this situation involves understanding employer responsibilities, internal reporting systems and the legal protections available to those who come forward. Minnis & Smallets LLP is here to answer employees' questions regarding the reporting process for workplace sexual harassment. Understanding the Employer’s Legal Duty to Address Workplace Harassment Under California law, every employer has a legal duty to maintain a safe and healthy work environment. This responsibility includes taking steps to prevent and promptly correct sexual harassment. A key component of this duty is implementing a comprehensive sexual harassment prevention policy. This policy should outline a clear process for employees to report incidents without fear of negative consequences. When an employee raises a concern, whether anonymously or openly, their employer is expected to address the matter in kind. Can Employees Facing Harassment Use Anonymous Reporting Systems? Many companies establish systems that allow employees to report sexual harassment confidentially or anonymously. These systems are designed to encourage reporting by mitigating the fear of retaliation. While a completely anonymous complaint can make a full investigation challenging, especially if the allegations are specific to a particular person or event, these systems provide a critical first step for employees to voice concerns. An employer’s reporting process should protect a complainant's identity as much as possible, disclosing it only on a need-to-know basis... --- > Employees facing pressure to retire can advocate for themselves alongside a San Mateo age discrimination attorney at Minnis & Smallest LLP. - Published: 2025-10-14 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-should-employees-do-when-their-boss-is-pressuring-them-to-retire/ - Categories: Employee Agreements, Lawsuits against Your Employer - Tags: employee agreement attorney, employee agreement lawyer, Lawsuits against your Employer The corner office that once symbolized decades of hard work can suddenly feel like a prison when an employer begins applying pressure to retire. For accomplished professionals and executives who have dedicated their careers to building companies and mentoring younger colleagues, facing subtle—or not so subtle—hints that it's "time to step aside" creates a profound sense of betrayal and uncertainty. Minnis & Smallets LLP advocates for employees facing age discrimination, helping individuals explore opportunities to address this complex problem. How Age Discrimination Manifests As a Pressure to Retire Age discrimination affects workers at every level of an organization, including distinguished professionals who might assume their positions shield them from such treatment. The reality is that age-related bias can be particularly insidious at higher organizational levels, where the stakes are greater and the pressure to appear current and dynamic intensifies. Employers who want to push older workers toward retirement rarely issue direct ultimatums. Instead, they employ various pressure tactics designed to make continued employment uncomfortable or untenable: Systematically reducing an employee's responsibilities. Limiting access to resources necessary for success. Restructuring roles to diminish authority and influence. Supervisors or HR representatives suggesting that an employee should "consider their options. " Hinting that early retirement packages represent attractive opportunities. Holding conversations about these topics behind closed doors, which can make documentation challenging but not impossible. The cumulative effect of these tactics creates a hostile work environment where older employees feel unwelcome and undervalued, even when their performance remains strong and their contributions significant.... --- > Whistleblowers are brave individuals who often face retaliation when reporting workplace violations. A San Francisco whistleblower lawyer can assist. - Published: 2025-09-16 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-proof-do-whistleblowers-need/ - Categories: Whistleblower, Workplace Retaliation - Tags: protection for whistleblowers, Whistleblower, workplace retaliation Employees who witness unlawful activities, fraud or safety violations at their workplace face a difficult decision. Speaking up takes courage, but many potential whistleblowers worry about having sufficient evidence to support their claims. Understanding what documentation and proof California law requires can help employees make informed decisions about reporting workplace violations while protecting themselves from retaliation. The fear of employer backlash often prevents employees from reporting serious violations that could harm the public, other workers or company stakeholders. However, California's robust whistleblower protection laws provide substantial safeguards for employees who report unlawful activities in good faith, even when their initial evidence appears limited. Minnis & Smallets LLP offers guidance to whistleblowers who are looking to prepare to come forward about unethical workplace activity. Legal Requirements: Building a Strong Foundation While California law does not require whistleblowers to have overwhelming evidence before making reports, having solid documentation strengthens both the initial complaint and any subsequent retaliation claim. The key is demonstrating a reasonable belief that unlawful activity occurred, rather than providing definitive proof. Thorough documentation includes written records such as emails, memos, policies and internal communications that reference or demonstrate the unlawful activity. Financial records, invoices, contracts or accounting documents can be particularly valuable when reporting fraud or financial violations. Safety reports, inspection records or incident reports strengthen cases involving workplace safety or environmental violations. Witness testimony provides crucial support for whistleblower claims. Colleagues who observed similar violations or who can corroborate specific incidents add credibility to reports. Even witnesses who... --- > Employees in California can learn about their rights to medical leave with a San Francisco CFRA retaliation lawyer at Minnis & Smallets LLP. - Published: 2025-09-09 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/which-family-members-are-covered-under-californias-medical-leave-laws/ - Categories: California Family Rights Act, Family and Medical Leave Act, Leave of Absence - Tags: CFRA, FMLA, FMLA leave, medical leave When a serious health condition strikes a loved one, employees face an overwhelming mix of emotions and responsibilities. The fear of losing income or job security while caring for family members can create additional stress during already difficult times. Many California employees don't realize the full extent of their rights under state medical leave laws, particularly regarding which family members qualify for protected leave. Understanding these protections becomes crucial when employees must choose between their career and caring for someone they love. Minnis & Smallets LLP helps employees carefully explore these complexities. CFRA and FMLA: Understanding the Legal Framework California employees benefit from legal protections under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA). When both laws apply to an employee's situation, the more protective law governs their rights. The CFRA often provides more generous coverage than the FMLA, particularly regarding which family members qualify for leave. While the FMLA restricts covered family members to children, spouses and parents, California's law extends protection to a broader range of relationships. This distinction can make a significant difference for employees caring for grandparents, siblings or other specified family members. Covered Family Members Under CFRA California's medical leave laws recognize that modern families take many forms. The CFRA provides leave to care for a comprehensive list of family members experiencing serious health conditions: Children of any age receive protection, including biological, adopted, foster children, stepchildren, legal wards or children of the employee's domestic partner. The law... --- > Medical leave laws allow employees to care for loved ones without losing their job. Contact a Palo Alto FMLA attorney to review options in the case of retaliation. - Published: 2025-08-26 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-are-my-options-if-i-was-fired-for-taking-medical-leave/ - Categories: Family and Medical Leave Act, Leave of Absence, Wrongful Termination - Tags: FMLA, FMLA leave, Leave of Absence, wrongful termination Medical leave provides employees with vital time to address personal or family health issues. For those facing serious illness or caregiving responsibilities, this safeguard ensures job protection during their most vulnerable moments. Yet, some employees in these circumstances may experience unlawful termination, raising essential questions about their rights and legal recourse. Understanding the legal protections for medical leave and the options available when violations occur is critical to safeguarding employee well-being and holding employers accountable. Minnis & Smallets LLP helps workers learn about their options when addressing possible retaliation. Why Termination for Taking Medical Leave Is Unlawful Terminating an employee for exercising the right to medical leave is considered unlawful under several state and federal laws. These safeguards aim to protect workers from employment repercussions while addressing legitimate medical needs. Employer Obligations Under Medical Leave Laws The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualified medical or family reasons. FMLA prohibits employers from retaliating against employees for invoking this right and ensures restoration to their original or an equivalent position upon return from leave. The California Family Rights Act (CFRA) and the Pregnancy Disability Leave (PDL) laws offer additional protections, covering a broader range of circumstances. California’s labor laws explicitly prohibit termination solely based on an employee taking legally protected leave. Violations and Their Consequences A termination tied directly to taking leave may be considered retaliatory, breaching employment laws. This applies even when employers attempt to... --- > While employers can monitor their employees’ communications, the law protects workers from privacy violations. Speak to Oakland employment lawyers for advice. - Published: 2025-08-19 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/is-it-legal-for-my-boss-to-monitor-my-work-emails-and-messages/ - Categories: Discrimination, Harassment, Wrongful Termination - Tags: harassment, harassment attorney, workplace harassment Advancements in workplace technology have transformed how employees connect and collaborate. With these changes, however, have come increased employer monitoring of workplace communication. Today, employee monitoring is common, but employees must understand their right to privacy and how laws regulate such practices. Minnis & Smallets LLP helps employees understand their privacy rights and what to do if they believe monitoring has crossed a legal boundary. Understanding the Legality of Monitoring Work Communications When examining the legality of monitoring employee communications, it is essential to note that laws generally balance the employer’s legitimate business interests against the employee’s right to privacy. Employers often have the legal right to monitor work-related communications, including emails and messages, but this right is not absolute. Why Employee Communications May Be Monitored There are several legal and practical reasons workplace communications may be monitored. Employers may monitor communications to ensure compliance with company policies, such as acceptable use of technology and prevention of workplace harassment. Furthermore, by monitoring communication, some employers aim to ensure work hours are effectively utilized for job-related tasks, rather than personal activities or distractions. If an employee feels they are being unfairly targeted or excessively monitored by their employer without a valid reason, it could be a sign of discriminatory behavior. This might include attempts by the employer to gather information about the employee’s sexual orientation, religion or disability status. Employees should stay informed about their rights under California employment laws to ensure they are being treated fairly and lawfully. How Employees... --- > Pregnant employees in California should understand their right to maternity leave. Discuss with our San Francisco CFRA lawyers at Minnis & Smallets LLP. - Published: 2025-08-12 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/how-long-does-maternity-leave-last-in-california/ - Categories: Benefits, California Family Rights Act, Family and Medical Leave Act - Tags: CFRA, pregnancy, Pregnancy Discrimination, pregnancy leave Understanding maternity leave rights is crucial for California employees preparing to welcome a new child into their lives. This life-changing event often requires balancing professional responsibilities with personal needs, and knowing the legal entitlements can provide both clarity and security. California provides some of the most comprehensive maternity leave protections in the United States, ensuring that employees can bond with their newborn, adopted or foster child without fear of losing their jobs. Minnis & Smallets LLP offers comprehensive guidance for employees navigating their rights during maternity leave. How Does the California Family Rights Act (CFRA) Protect Employees? The California Family Rights Act (CFRA) is a critical law that governs maternity leave rights in the state. Under CFRA, employees who work for an employer with at least five employees are allowed to take up to 12 weeks of unpaid leave to bond with a new child. This law applies equally to biological, adopted and foster children. To qualify, employees must have worked for their employer for at least one year and accrued at least 1,250 hours of service in the preceding 12 months. CFRA provides job protection, which means employees returning from maternity leave are entitled to their prior positions or equivalent roles with comparable pay and duties. Employers must also maintain health insurance benefits during this period as if the employee were still working. Pregnancy Disability Leave (PDL) Separate from CFRA, the Pregnancy Disability Leave (PDL) Act provides additional protections for pregnant employees who need time off due to pregnancy-related... --- > Employees facing denied disability accommodation requests can address the matter with a San Mateo employment lawyers at Minnis & Smallets LLP. - Published: 2025-08-05 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/can-employers-deny-requests-for-reasonable-accommodations/ - Categories: Benefits, Compensation Issues, Employee Agreements - Tags: employee rights, Reasonable Accommodations, reasonable accomodation in workplace Employees with disabilities or medical conditions often face unique challenges in the workplace. Federal and state laws aim to provide a level playing field by entitling qualified employees to reasonable accommodations. Understanding these rights is essential for employees to effectively advocate for themselves, especially in situations where accommodation requests are denied. Minnis & Smallets LLP helps employees understand what constitutes a reasonable accommodation, who qualifies and how to navigate a denial. What Are Reasonable Accommodations? Reasonable accommodations refer to modifications or adjustments that allow employees with disabilities to perform essential job functions. The purpose of such accommodations is to ensure equal access to employment opportunities for affected employees. Examples of reasonable accommodations can include the following: Modifying work schedules to provide flexibility. Allowing periodic breaks for medical needs. Providing assistive devices or equipment. Adapting workplace policies or procedures. Creating reserved parking for employees with mobility challenges. Permitting service animals in the workplace. Reassigning an employee to a vacant position suited to their abilities. While these adjustments may vary depending on the nature of the job and the individual's specific needs, the key requirement is that they provide effective support without imposing an undue burden on the employer. Who Is Eligible for Reasonable Accommodations? Eligibility for reasonable accommodations is grounded in legal protections provided for employees with disabilities. Under the California Fair Employment and Housing Act (FEHA), individuals who experience physical or mental impairments that limit a major life activity—including, but not limited to, walking, seeing, hearing or working—are entitled to... --- > Employees filing a harassment claim should know what to expect during the workplace investigation process. Prepare for the next steps with Marin County harassment lawyers. - Published: 2025-07-29 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-are-the-stages-of-a-workplace-harassment-investigation/ - Categories: Harassment - Tags: harassment, harassment lawyer, workplace harassment Workplace harassment investigations are critical for ensuring a safe and respectful work environment. Employees who experience harassment at work may feel uncertain about the process that follows reporting such incidents. Understanding the stages of a workplace harassment investigation helps employees better understand their rights throughout the process. At Minnis & Smallets LLP, we explain what clients can expect during harassment investigations and prepare them for the next steps. Initial Reporting of Harassment The investigation process typically begins when an employee reports the harassment to their employer or the HR department. California law encourages employees to report harassment promptly, following the company’s sexual harassment policy, if available. Employers are required by law to address reports of harassment seriously and without retaliation against the individual reporting it. During this stage, employees should consider documenting incidents of harassment in detail, including dates, times, locations and any witnesses. This documentation becomes valuable evidence to support claims. Evidence Gathering Once a report is received, the employer or a designated investigator collects and examines all relevant evidence. This stage involves reviewing the documentation provided by the employee and any additional records, such as emails, text messages or internal communications. Supporting evidence is not confined to written materials; it may also include company policies, records of prior complaints and timelines of events. Gathering evidence fairly and thoroughly is crucial to documenting the incident. Interviews With All Parties Interviews form a significant part of any workplace harassment investigation. These interviews typically include the individual who reported the harassment,... --- > Workplace retaliation often occurs in the form of harassment or termination, but sometimes, the signs are more subtle. Address the situation with a Bay Area retaliation lawyer. - Published: 2025-07-22 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-are-subtle-signs-of-retaliation-at-work/ - Categories: Workplace Retaliation - Tags: Retaliation, retaliation lawyer, workplace retaliation Workplace retaliation poses a significant threat to employee productivity and overall company morale. While obvious acts of retaliation like termination or demotion might draw immediate attention, subtler forms of mistreatment can be harder to notice. These quiet acts can still have profound consequences on the lives and careers of employees. Identifying the subtle signs of retaliation allows employees to advocate for fair workplace practices. Minnis & Smallets LLP is dedicated to supporting employees who suspect they have been unfairly retaliated against. We help individuals take appropriate legal action when they've been subjected to mistreatment. Recognizing Subtle Forms of Retaliation Retaliatory behavior in the workplace can take many forms, some of which might initially seem insignificant. However, patterns of behavior or targeted actions following a protected activity, such as reporting misconduct or discrimination, may indicate retaliation. Below, we describe common indications of this type of mistreatment. Unexplained Changes in Job Responsibilities A sudden shift in an employee's typical responsibilities can serve as a red flag. For instance, tasks previously aligned with an individual’s skill level or position may be reassigned, leaving them with less desirable or lower-level duties. Conversely, some may find they are overwhelmed with an unmanageable workload, clearly designed to make them fail. Both approaches can undermine an individual’s confidence and career trajectory. Exclusion from Projects or Meetings Exclusion from important discussions, meetings or projects can be another subtle form of retaliation. Employees may notice they are no longer invited to participate in team decisions or initiatives that were... --- > Employees should understand their rights under the California Equal Pay Act. Consult with a San Francisco employment lawyer at Minnis & Smallets LLP. - Published: 2025-06-18 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/how-can-employees-show-theyve-received-unequal-pay-in-california/ - Categories: Compensation Issues, Wage & Hour - Tags: commissions for sales, employee commissions, Oakland employment lawyer, payment of commission, wage and hour laws Pay equity is a fundamental right, ensuring that employees performing similar work receive equitable compensation regardless of their gender, race or other protected characteristics. California has taken significant steps to protect employees from wage discrimination, highlighted by the enforcement of the California Equal Pay Act (CEPA). This law, along with its subsequent amendments, establishes a solid legal foundation for combating unequal pay. Understanding how to demonstrate instances of discrimination is essential for employees seeking justice. Minnis & Smallets LLP helps employees who have been denied fair pay. The California Equal Pay Act and Recent Strengthening Amendments The California Equal Pay Act serves as the backbone of the state’s anti-wage discrimination framework. Enacted initially to prevent unequal pay based on sex, the law has evolved to include protections against wage disparities due to race or ethnicity. One of CEPA's most significant features is its requirement that employees performing “substantially similar work” must be paid equally, regardless of job titles. This ensures employers cannot sidestep equity by simply assigning different job titles to comparable roles. Recent amendments under Senate Bill 642 further bolster protections by increasing transparency and widening the scope of protected benefits. Employees have the legal right to discuss wages openly without fear of retaliation. Another amendment places the burden of proof on employers to justify wage discrepancies, requiring them to demonstrate that legitimate factors, such as differences in education, experience or performance, explain unequal pay. Steps to Prove Unequal Pay Building a strong wage discrimination claim involves meticulous preparation... --- > Minnis & Smallets LLP, a San Francisco gender discrimination attorney, advocates for SB 642 and its extended protections against pay disparities. - Published: 2025-06-02 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/senate-bill-642-expands-protections-under-californias-equal-pay-act/ - Categories: Compensation Issues, Discrimination, Fair Employment & Housing Act, Wage & Hour - Tags: discrimination attorney, San Francisco discrimination attorneys, wage discrimination, workplace discrimination Minnis & Smallets LLP recently testified before the California State Senate Labor, Public Employment, and Retirement Committee in support of Senate Bill 642 (SB 642), a pivotal piece of legislation aimed at enhancing protections under California’s Equal Pay Act. Under this amendment, employees would receive greater safeguards against pay discrimination, therefore furthering workplace equity for all workers in California. California’s Equal Pay Act and Its Current Protections California’s Equal Pay Act is one of the most comprehensive labor laws addressing wage disparities. It prohibits employers from paying employees less than their coworkers of the opposite gender for substantially similar work, considering skill, effort and responsibility under similar working conditions. This law also allows employees to challenge pay discrimination based on race or ethnicity. While these provisions are significant, important gaps remain, and wage inequities persist. This highlights the continuing need for robust legal protections like those introduced in SB 642. An Overview of Senate Bill 642 Senate Bill 642 is designed to strengthen the California Equal Pay Act and provide greater protections for employees experiencing wage disparities. This bill not only reinforces the existing law but also addresses critical loopholes and provides new pathways for employees to enforce their rights. Strengthening Existing Protections One key enhancement in SB 642 is the clarification of what constitutes wages. By aligning California’s definition of wages with federal standards, the bill ensures that all forms of compensation, including bonuses and stock options, are included when assessing pay equity. This closes potential loopholes that allow... --- > Employers have a responsibility to address a hostile work environment. A San Mateo harassment attorney at Minnis & Smallets LLP can help protect employee rights. - Published: 2025-05-16 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/how-can-i-prove-my-employer-failed-to-prevent-a-hostile-work-environment/ - Categories: Discrimination, Harassment, Lawsuits against Your Employer - Tags: discrimination attorney, employment attorney, Lawsuits against your Employer Understanding workplace rights and protections is important for employees navigating challenging situations. A workplace should be a space where individuals can perform their duties in a respectful and professional environment. Unfortunately, some may experience a hostile work environment due to harassment, discrimination or other inappropriate behaviors. When an employer neglects their responsibility to prevent such conditions, affected employees may need to take action to protect their rights. Minnis & Smallets LLP helps employees address mistreatment and take steps toward a respectful workplace. What is a Hostile Work Environment? A hostile work environment arises when inappropriate conduct, such as harassment or discrimination, escalates to the point of creating an environment that is intimidating, hostile or offensive. This behavior does not have to come directly from an employer; it can also stem from coworkers, supervisors or even third parties in the workplace. Federal and state laws mandate that employers provide a workplace free of harassment and discrimination based on factors like race, gender, age, disability, sexual orientation and more. Employers are required to take reasonable steps to prevent these issues, including implementing policies and procedures, conducting training and responding promptly to complaints. Failing to uphold these responsibilities may make an employer liable for maintaining a hostile work environment. Steps to Prove an Employer’s Failure to Prevent a Hostile Work Environment When employees face a hostile work environment, collecting credible evidence is critical. Below are essential steps that can help demonstrate an employer’s failure to address and prevent such conditions: 1. Document Incidents... --- > Experienced Palo Alto discrimination attorneys at Minnis & Smallets LLP protect employee rights and offer solutions for workplace injustices. - Published: 2025-05-02 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/how-can-an-attorney-help-if-i-was-wrongfully-denied-a-promotion/ - Categories: Discrimination, Fair Employment & Housing Act, Harassment - Tags: Discrimination, employee rights, employment rights attorney Denial of a deserved promotion can feel deeply unfair, particularly when the reasons for the decision seem questionable. For many employees, promotions are more than just increased responsibilities and higher pay. They represent acknowledgment of dedication, growth and professional competence. When an employee is wrongfully denied a promotion, the consequences can be distressing, stifling career advancement and tarnishing professional reputations. Such situations often leave affected employees unsure of their options. Our attorneys at Minnis & Smallets LLP provide invaluable guidance. Evaluating the Legality of a Denied Promotion Not all denied promotions are unlawful. An attorney can help determine whether discriminatory practices, breaches of contract or retaliatory motives influenced the decision. Employees are protected by state and federal laws that prohibit discrimination based on race, gender, age, disability, sexual orientation and other legally protected characteristics. If there is evidence that the denial occurred due to bias against a protected characteristic, the employee may have a valid legal claim. Similarly, if the promotion issue violates terms outlined in an employment contract or company policies, this may indicate a breach of agreement. An employment attorney uses their knowledge to review the circumstances surrounding the denied promotion, ensuring employees understand their rights and potential courses of action. Gathering Evidence of Discrimination or Retaliation Proving wrongful denial often hinges on solid evidence. Establishing that the promotion would have been granted but for unlawful discrimination or retaliation can be challenging. Attorneys are skilled at identifying and collecting evidence necessary to support claims, such as inconsistencies in... --- > San Francisco employment attorney Sonya Smallets testified before the California Senate in support of SB 642 to strengthen the Equal Pay Act. Learn how expanded protections could impact your rights and how our San Francisco law firm can help with pay discrimination cases. - Published: 2025-04-28 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/sonya-smallets-testifies-before-california-senate-committee-in-support-of-expanding-the-protections-of-californias-equal-pay-act/ - Categories: Firm News On April 23, 2025, Attorney Smallets testified before the California State Senate in support of Senate Bill 642, which seeks to expand the protections of California’s Equal Pay Act. In her testimony, Sonya spoke about the persistent challenges employees face in proving pay discrimination, despite the current legal standards. She emphasized that SB 642 would make critical improvements by clarifying the burden of proof for plaintiffs and strengthening protections against unlawful pay disparities. Sonya also highlighted how gaps in the law have historically disadvantaged workers and why SB 642 is essential to promoting real wage equity in California. Her full testimony begins at 54:39 in the California State Senate Media Archive. You can also watch the clip of her testimony below: If you believe you have experienced pay discrimination or would like to learn more about your rights under the Equal Pay Act, contact us today. --- > Employees should recognize what constitutes harassment under the law. Our San Francisco harassment attorneys at Minnis & Smallets LLP offer insight. Title Tag: - Published: 2025-04-18 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-is-considered-harassment-in-the-workplace/ - Categories: Discrimination, Harassment - Tags: discrimination in the workplace, employment attorneys, workplace discrimination, workplace harassment Workplace harassment is a critical issue that affects employees and employers in significant ways. Understanding what constitutes harassment is essential for fostering a safe, inclusive and productive work environment. For employees, recognizing harassment can be the first step in seeking justice for mistreatment. For employers, addressing harassment properly is vital to maintaining compliance with the law and protecting the well-being of their workforce. Minnis & Smallets LLP helps employees understand the key elements of workplace harassment so they can protect their rights. Defining Workplace Harassment Under federal law, the U. S. Equal Employment Opportunity Commission (EEOC) defines harassment as unwelcome conduct based on race, sex, age and other protected characteristics. Harassment becomes unlawful when enduring it becomes a condition of continued employment or when the conduct is severe or pervasive enough to create a hostile or abusive work environment. Similarly, California law expands on these principles through protections outlined in the California Fair Employment and Housing Act (FEHA), offering additional safeguards to employees. In California, even a single incident can constitute harassment if it unreasonably interfered with the employee's work performance or created an intimidating, hostile, or offensive working environment. California law is particularly distinct in its attention to preventing harassment and promoting workplace equity. It prohibits verbal, physical and other forms of unwelcome conduct if it is based on a protected characteristic and if it hinders an individual’s right to work in a safe and equitable environment. This comprehensive approach helps protect employees from unlawful mistreatment. Types of Workplace... --- > Ease stress sharing pregnancy news by knowing legal rights and advocating for fair treatment. Consult an Oakland pregnancy discrimination lawyer at Minnis & Smallets LLP - Published: 2025-04-04 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/how-can-employees-ease-the-stress-of-sharing-their-pregnancy-news-with-their-employer/ - Categories: Discrimination, Family and Medical Leave Act, Leave of Absence - Tags: FMLA, Pregnancy Discrimination, pregnancy discrimination lawyer Discussing pregnancy at work can be a delicate and emotional matter. For many employees, the prospect of sharing pregnancy news with an employer is accompanied by feelings of uncertainty, stress and even fear. Concerns about potential discrimination, changes to workplace dynamics or reactions from colleagues and supervisors often weigh heavily. Understanding legal protections and how to approach these conversations can make a significant difference in easing such stress. Minnis & Smallets LLP advocates for pregnant employees, offering clarity when it's most needed. Understanding Legal Protections for Pregnant Employees Employees should feel supported and valued when navigating their workplace while pregnant, and a key part of building confidence in this area comes from knowing their rights. Federal and California laws, such as the Pregnancy Discrimination Act (PDA) and the California Fair Employment and Housing Act (FEHA), provide protections against discrimination based on pregnancy, childbirth or related medical conditions. These laws prohibit employers from making unfair decisions regarding hiring, firing, promotions or other workplace practices due to pregnancy. Additionally, many pregnant employees have the right to reasonable accommodations. California law, for example, requires employers to provide accommodations such as modified duties or schedules if needed because of pregnancy-related conditions. Familiarizing oneself with these legal provisions empowers employees to enter conversations about their pregnancy, knowing they are protected under the law. Planning and Preparing for the Conversation Preparation can help employees feel more confident when it comes time to share pregnancy news with an employer. Choosing the right moment and setting for the... --- > Recent California legislation has expanded racial discrimination to include hairstyles. Understand what this means with our San Jose race discrimination attorney at Minnis & Smallets LLP. - Published: 2025-03-04 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/do-protections-against-employment-discrimination-include-hairstyles/ - Categories: Discrimination - Tags: discrimination attorney, discrimination claim, employment discrimination lawyer, gender discrimination Protecting the rights of employees in the workplace is an essential step toward building equitable environments, and an often-overlooked area of discrimination concerns hairstyles. For many employees, hairstyles and hair textures are more than expressions of individuality; they represent significant cultural, racial and personal identities. Understanding protections under The CROWN Act is vital to ensure compliance with anti-discrimination laws and to safeguard the rights of employees facing this type of workplace bias. Minnis & Smallets LLP is committed to helping employees recognize their rights under this legislation. Legal Framework Surrounding Employment Discrimination and Hairstyles Discrimination in the workplace is prohibited under various federal and state laws, and this includes protections against discrimination based on race, gender, disability and other protected characteristics. However, discriminatory practices rooted in biases about an employee’s hair texture or hairstyle were historically overlooked until recent years. Under federal law, Title VII of the Civil Rights Act of 1964 prohibits race discrimination, although it does not explicitly refer to hairstyles or texture. To address these gaps, California became a trailblazer by enacting The CROWN Act (Create a Respectful and Open Workplace for Natural Hair) in 2019. This legislation clarified that traits closely associated with race—including hair texture and protective hairstyles such as braids, locs and twists—are protected under state anti-discrimination laws. Governor Gavin Newsom further strengthened these protections in 2024 by signing Assembly Bill 1815. This law amended the definition of “race” across multiple California codes, removing vague language so that protections are more precise and enforceable.... --- > Workplace discrimination claims can be difficult to navigate. Consult with a Bay Area discrimination attorney at Minnis & Smallets LLP. - Published: 2025-03-01 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/does-a-workplace-discrimination-claim-have-to-involve-a-difference-in-pay-or-benefits/ - Categories: Discrimination - Tags: discrimination attorney, discrimination claim, employment discrimination lawyer Understanding workplace discrimination is important for employees who wish to safeguard their rights. While many may associate discrimination claims with noticeable disparities in pay, benefits or rank, recent legal developments have emphasized that discriminatory actions can materialize in more subtle yet equally impactful ways. The Supreme Court's recent decision in Muldrow v. City of St. Louis (2024) underscores that even changes unrelated to salary or benefits may constitute unlawful discrimination. Minnis & Smallets LLP provides insight into what this ruling means for employees who suspect discriminatory job reassignments. Workplace Discrimination Beyond Pay and Benefits The assumption that only job actions affecting pay or benefits are legally significant has been challenged in key legal discussions. A workplace discrimination claim can extend beyond monetary losses when an employee's job responsibilities or conditions are significantly altered due to a protected characteristic, such as their gender, race or age. For example, a forced transfer to a less prestigious role, a disadvantageous shift change, or the removal of critical responsibilities could be as damaging to an employee’s career trajectory as a pay cut or demotion. The Supreme Court’s decision in Muldrow v. City of St. Louis highlights this principle. A distinguished police sergeant, Jatonya Clayborn Muldrow, was transferred out of her role in the Intelligence Division—an assignment involving high-profile cases and strategic responsibilities—into a more routine supervisory position. Though her title and pay remained unchanged, the shift fundamentally transformed her job conditions, work schedule and professional opportunities. When the case reached the Supreme Court, the... --- > Employees in California can now access state-paid family leave without using their paid vacation time. Discuss with a San Francisco employment attorney at Minnis & Smallets LLP. - Published: 2025-02-21 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/are-employees-required-to-use-vacation-time-before-paid-sick-leave/ - Categories: Benefits, Wage & Hour - Tags: employment attorney, Paid Sick Leave, sick leave attorney Understanding one's rights as an employee is crucial, especially when it comes to navigating policies around vacation time and paid sick leave. Both are important benefits that help workers balance their professional and personal lives. Recent changes to California law have introduced important updates to how paid family leave and vacation time interact. At Minnis & Smallets LLP, we understand how these changes impact employees and are here to guide individuals facing these complex legal regulations. What Has Changed for California Employees? Starting January 1, 2025, California employees will no longer be required to use up to two weeks of earned vacation time before they can access state-paid family leave benefits (PFL). This change, brought about by the passing of AB 2123, removes a long-standing requirement that often delayed financial assistance for employees taking leave to care for a family member, bond with a new child or address specific military-related exigencies. Previously, employers could mandate that employees exhaust up to two weeks of their accrued vacation before receiving state-paid family leave insurance benefits. As a result, workers would need to use vacation days for situations they had no control over, leaving them without personal time off for rest or recreation later in the year. Immediate Access to Paid Family Leave Benefits With this amendment, employees can now access paid family leave insurance benefits directly when eligible without first having to deplete their vacation accruals. This allows employees to receive state benefits sooner—streamlining the process during what is often a challenging... --- > At Minnis & Smallets LLP, our San Francisco employment lawyer helps employees recognize their rights in emergency situations. - Published: 2025-02-12 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/can-employees-refuse-to-work-in-emergency-conditions/ - Categories: Attorney Advice, Employee Agreements, Firm News - Tags: California Labor Code, employment attorney, Labor Rights Emergencies can arise unexpectedly, and facing such situations at the workplace can be stressful. Employees often wonder if they have the right to protect themselves from unsafe conditions without risking their job security. Understanding one's rights under California law is crucial, especially in these rare but critical moments. At Minnis & Smallets LLP, we prioritize providing the information and guidance employees need to make informed decisions. One important legal development to know about is California Senate Bill 1044 (SB 1044), which specifically addresses the rights of employees during emergency conditions. Legal Protections Under SB 1044 California law protects employees who reasonably believe a workplace is unsafe because of an emergency condition. SB 1044 prohibits employers from retaliating against workers who refuse to work under such circumstances. Under the law, an “emergency condition” is defined as either a disaster or extreme peril caused by natural forces (like wildfires, earthquakes or severe storms) or criminal acts. The law also considers a government-ordered evacuation of a workplace, home or school due to a natural disaster or criminal activity as an emergency condition. It is important to note, however, that SB 1044 does not consider a health pandemic to be an emergency condition under this statute. This legislation evaluates an employee’s concerns using a "reasonable belief" standard. If a reasonable person under the same circumstances would believe that entering or staying at the workplace poses a real danger of death or serious injury, the employee is justified in refusing to work. Who Is Covered... --- > Our Alameda discrimination lawyer at Minnis & Smallets LLP helps employees understand the significance of intersectionality in California discrimination claims. - Published: 2025-01-28 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-is-intersectionality-in-discrimination-claims/ - Categories: Discrimination - Tags: discrimination attorney, discrimination claim, employment discrimination lawyer, gender discrimination Understanding discrimination in the workplace can be a complex challenge, yet it’s important for protecting employee rights. One evolving aspect of employment law is the concept of intersectionality—a framework addressing how overlapping personal characteristics can result in unique forms of discrimination. To better protect employees, California recently became the first state to explicitly adopt intersectionality into its anti-discrimination laws. For individuals facing prejudice at work, understanding this concept is key to recognizing how the law can shield them. Minnis & Smallets LLP helps workers recognize their rights in the face of discrimination. What is Intersectionality? Intersectionality refers to the way different aspects of a person’s identity—such as race, gender, age, sexual orientation or disability—interact to create distinct forms of discrimination. Coined by legal scholar Kimberlé Crenshaw, this concept describes how people who belong to multiple marginalized groups often experience prejudice in ways that cannot be fully understood by looking at one characteristic alone. Instead, these overlapping aspects create distinct vulnerabilities. For instance, certain employees may face not only gender discrimination but also racially biased assumptions. Intersectionality suggests that these challenges are rooted in the combination of race and gender, which subjects the employee to distinct stereotypes. Recognizing intersectionality allows individuals and courts to identify these nuanced experiences of discrimination with greater precision. California's Adoption of Intersectionality On September 27, 2024, Senate Bill 1137 was signed into law, integrating intersectionality into the state’s anti-discrimination framework. This groundbreaking legislation amends the Unruh Civil Rights Act, the Education Code and the Fair Employment... --- > Changes in California’s legislation affect employee sick leave. Understand available rights with a San Mateo employment lawyer at Minnis & Smallets LLP. - Published: 2025-01-21 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/how-will-californias-new-laws-change-paid-sick-leave-in-2025/ - Categories: Benefits, Wage & Hour - Tags: employment attorney, leaves of absence, Paid Sick Leave, sick leave attorney California’s paid sick leave (PSL) laws are undergoing significant changes starting January 1, 2025, creating expanded protections for employees across the state. These updates, enacted through Senate Bill 1105 (SB 1105) and Assembly Bill 2499 (AB 2499), reflect California's commitment to the health and safety of its workforce. For employees dealing with challenging workplace situations, understanding these expansions is important. At Minnis & Smallets LLP, we help employees recognize their rights under evolving legal frameworks and provide strong representation to protect those rights. Key Legislative Changes to Paid Sick Leave The Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) serves as California’s foundation for paid sick leave. Over the years, this act has been amended to provide increasingly comprehensive protections. The latest bills—SB 1105 and AB 2499—introduce pivotal changes that benefit both employees and their families. Expanded Protections for "Safe Time" Under the revised law, PSL can be used for "safe time" in situations involving domestic violence, sexual assault or stalking. Beginning in 2025, these rights are extended to employees who are subjected to broader “qualifying acts of violence. ” These include scenarios involving threats that cause bodily harm, the use or brandishing of firearms or dangerous weapons and the use of force intended to inflict injury or death. Additionally, employees can now use this leave not only for their own recovery and safety but also to assist family members affected by these acts of violence. New and Expanded Reasons for Leave The legislation outlines several new circumstances in which... --- > Minnis & Smallets LLP, as Bay Area wrongful termination lawyers, support employees facing constructive dismissal, empowering them to pursue justice and protect their rights. - Published: 2024-12-23 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-is-constructive-dismissal-and-how-can-it-be-proved/ - Categories: Unlawful Termination, Wrongful Termination - Tags: employee rights, employment attorneys, employment law, wrongful termination Constructive dismissal, also known as constructive discharge, occurs when an employee involuntarily resigns due to their employer creating or allowing intolerable working conditions. These circumstances are so severe that a reasonable person in the employee's position would have no alternative except to resign. Constructive dismissal is a significant workplace issue and may allow the employee to pursue a wrongful termination claim. At Minnis & Smallets LLP, we recognize the profound impact such situations can have on an individual's career and well-being, and we are committed to helping employees navigate these challenging circumstances. Significance and Relevance to Employees Constructive dismissal is crucial for employees as it provides a legal avenue to address situations where they are forced to leave their jobs due to unacceptable conditions. This concept is particularly relevant in scenarios involving harassment, discrimination or significant and unjustified changes to employment terms. Recognizing the signs of constructive dismissal is essential for employees to protect their rights and seek appropriate legal recourse. Can Employees Sue for Constructive Dismissal? Yes, employees can sue their employer for constructive dismissal. However, to establish a claim, the employee must provide thorough documentation and clearly demonstrate intolerable working conditions based on a protected class, such as race, gender, or disability. At Minnis & Smallets LLP, we guide employees through the complexities of filing a wrongful termination lawsuit based on constructive dismissal. Our experienced attorneys work diligently to ensure clients have the evidence and legal support to effectively pursue their claims. Legal Criteria to Establish Constructive Dismissal... --- > Minnis & Smallets LLP, a San Francisco discrimination attorney firm, is dedicated to supporting employees facing microaggressions and workplace discrimination by offering legal guidance and representation. - Published: 2024-12-16 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/how-should-employees-address-microaggressions-in-the-workplace/ - Categories: Discrimination, Harassment - Tags: discrimination in the workplace, employment attorneys, workplace discrimination, workplace harassment In today's diverse work environments, promoting an inclusive and respectful workplace culture is essential. Microaggressions, though subtle, can undermine this culture, leading to a hostile work environment based on a protected class like race or gender. These seemingly minor slights or insults can have significant negative impacts on employee morale and productivity. Addressing microaggressions is crucial for maintaining a healthy workplace atmosphere. Minnis & Smallets LLP is committed to helping employees navigate these complex issues, offering guidance and support to those who have experienced microaggressions at work. Understanding Microaggressions Microaggressions are subtle, often unintentional, actions or comments that convey negative or discriminatory attitudes towards individuals based on their membership in a marginalized group. They can manifest as verbal or nonverbal slights, insults or behaviors that communicate derogatory or hostile messages. Sometimes dismissed as jokes or teasing, these behaviors can have real and lasting consequences for the person affected. Examples of Microaggressions Microaggressions come in various forms, such as: Microassaults: Explicit verbal or nonverbal attacks intended to harm the employee based on their race, gender, disability, or other protected class. Microinsults: Communications that convey hidden derogatory messages based on a protected class. Microinvalidations: Communications that negate or nullify the thoughts or feelings of the employee. Practical Steps to Address Microaggressions Recognizing and addressing microaggressions is crucial for protecting employees' well-being and ensuring a respectful workplace. Here are practical steps employees can take: Document the Incidents Keeping a detailed record of each microaggression is vital. Note the date, time, location, what was... --- > For individuals seeking justice after experiencing wrongful workplace actions, a San Francisco retaliation attorney at Minnis & Smallets LLP can provide guidance. - Published: 2024-12-01 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/can-workers-be-fired-for-reporting-unsafe-conditions/ - Categories: Workplace Retaliation, Wrongful Termination - Tags: employment attorney San Francisco, workplace retaliation, workplace retaliation attorney, wrongful termination Workplace safety is a cornerstone of a productive and healthy working environment. Employees should feel confident and secure when performing their duties, knowing that their well-being is a priority. Equally essential is the right to report unsafe working conditions without fear of losing one's job. Unfortunately, some employers retaliate against workers who report these issues. It's crucial to understand that firing an employee for reporting unsafe conditions is unlawful, and legal assistance is available for those who face such retaliation. Minnis & Smallets LLP assists whistleblowers in building an effective case to seek their entitled compensation. Understanding California's Protective Laws California has robust laws designed to protect employees who report unsafe working conditions. The California Labor Code Section 6310 specifically prohibits employers from retaliating against workers for raising concerns about unsafe working conditions. This law ensures that employees can report health and safety concerns or hazards without the fear of being fired or discriminated against. Furthermore, California Labor Code Section 1102. 5 offers additional protection, making it unlawful for employers to retaliate against employees for disclosing information they reasonably believe violates state or federal laws. These legal protections empower workers to act as whistleblowers so that unsafe conditions are addressed promptly, thereby fostering a safer working environment for everyone. Types of Safety Issues Employees Can Report Employees have the right to report a variety of unsafe conditions in the workplace. Common issues that warrant attention include: Health Risks: Employers allowing sick individuals to work, especially with communicable diseases like COVID-19.... --- > Minnis & Smallets LLP offers skilled representation through a San Francisco age discrimination lawyer to help protect the rights of employees facing age-related workplace issues. - Published: 2024-11-18 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/who-is-protected-from-age-discrimination-in-the-workplace/ - Categories: Discrimination - Tags: age discrimination lawyer, discrimination in the workplace, employment attorneys, San Francisco labor lawyer As the workforce continues to age, it becomes increasingly important for employees to understand their rights, especially concerning age discrimination. For many, the professional journey extends well into their forties and beyond, a critical period when issues of age bias may arise. Age discrimination is a prevalent workplace issue, and it can be effectively addressed with the guidance of a seasoned attorney. At Minnis & Smallets LLP, we are committed to empowering our clients with the knowledge they need to navigate these challenges. Understanding California’s Age Discrimination Laws California is at the forefront of protecting employees from age discrimination, providing comprehensive legal frameworks to uphold the rights of its workforce. Under the Fair Employment and Housing Act (FEHA), age discrimination against individuals aged 40 or older is strictly prohibited. This law mandates that employers cannot make employment decisions based on age. Additionally, federal protections under the Older Workers Benefit Protection Act offer further safeguards, provide older employees with adequate time to review and, if necessary, revoke any agreement that waives their rights. Protections for Employees Aged 40 or Older Employees who are aged 40 or above are entitled to significant protections under the law. It is unlawful for employers to engage in practices such as demoting, refusing to hire or terminating an individual solely based on their age. Furthermore, these laws extend to ensure that age is not a factor in denying an employee opportunities for training, promotion, compensation or other job-related benefits. By securing these rights, the law seeks... --- > Employees who are facing a denial of medical leave should consult with a San Francisco FMLA attorney at Minnis & Smallets LLP. We can help individuals determine if their medical leave was wrongfully denied. - Published: 2024-10-22 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/can-an-employer-deny-a-request-for-medical-leave/ - Categories: Discrimination, Family and Medical Leave Act, Leave of Absence - Tags: FMLA, FMLA Attorney, FMLA lawyer San Francisco Navigating the complexities of medical leave can be daunting for both employees and employers. Under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), employees have the right to take medical leave for serious health conditions, whether their own or a family member's. These laws are designed to protect the employee's job while allowing them to take necessary time off for health-related issues. However, there are instances where an employer denies a request for medical leave. Understanding one’s rights and knowing when a denial might be wrongful is crucial. At Minnis & Smallets LLP, we are dedicated to helping employees understand their rights and providing legal assistance when those rights are violated. Understanding Medical Leave Rights Under FMLA and CFRA, eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave within a 12-month period for specific family and medical reasons. Eligibility typically requires the employee to have worked for the employer for at least 12 months and have completed a minimum of 1,250 hours of service during the previous year. The laws allow employees to take leave without fear of losing their jobs or facing retaliation. When Medical Leave is Granted Medical leave is typically granted for circumstances such as the birth or adoption of a child, to care for an immediate family member with a serious health condition or if the employee themselves is suffering from a serious health condition. These scenarios are protected under both federal and state laws.... --- > The EEOC Right to Sue letter is a key part of many employment law cases. For assistance with employment discrimination cases, contact a San Francisco employment lawyer at Minnis & Smallets LLP. - Published: 2024-10-08 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-is-an-eeoc-right-to-sue-letter/ - Categories: Discrimination - Tags: employment, employment attorney, employment lawsuit Employees encountering discrimination, harassment or other legal challenges in the workplace should familiarize themselves with all available options to address these issues. A critical step in this process is understanding the role of the Equal Employment Opportunity Commission (EEOC) right to sue letter. This document signifies that the EEOC has concluded its investigation and grants the employee permission to proceed with a lawsuit in federal court, which is sometimes necessary for resolving employment discrimination claims. At Minnis & Smallets LLP, we are committed to empowering individuals by providing clarity on such vital issues. Our attorneys explore the basics of the EEOC Right to Sue Letter so employees can understand its purpose, the process of obtaining one and its legal implications. Understanding the EEOC Right to Sue Letter The EEOC Right to Sue Letter is a formal document issued by the Equal Employment Opportunity Commission (EEOC), a federal agency responsible for enforcing laws against workplace discrimination. This letter grants an individual the authority to file a discrimination lawsuit in federal court. It signifies that the EEOC has completed its investigation into a discrimination claim and, for various reasons, has decided not to pursue legal action on behalf of the complainant. Instead, the letter transfers the responsibility to the individual, allowing them to proceed with their case independently. The Purpose and Process of Obtaining the Letter The primary purpose of the Right to Sue Letter is to confirm that the administrative remedies have been exhausted before pursuing legal action. This step is... --- > If an employee is facing gender discrimination in the workplace, consulting with an experienced Oakland gender discrimination attorney can help them understand their rights and navigate the legal landscape effectively. - Published: 2024-09-24 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/how-are-california-employees-protected-from-gender-discrimination/ - Categories: Discrimination, Fair Employment & Housing Act, Harassment - Tags: Discrimination, Fair Employment and Housing Act, gender discrimination Gender discrimination in the workplace affects many employees, leading to unequal treatment and a hostile work environment. Employees in California should understand the federal and state laws protecting them from such mistreatment. At Minnis & Smallets LLP, we are committed to helping employees navigate these complex issues and protect their rights. As experienced discrimination attorneys, we provide an overview of gender discrimination, the types of discriminatory actions that are prohibited and the specific protections available for gender identity and gender expression. Understanding Gender Discrimination Gender discrimination occurs when an employee is treated unfairly or unfavorably because of their sex, gender, gender identity or gender expression. This can include a wide range of actions, from hiring and firing practices to promotions, pay disparities, and workplace policies. California employees are fortunate to have robust protections under both state and federal laws designed to prevent such unequal treatment. Types of Gender-Based Discriminatory Actions California law, particularly the Fair Employment and Housing Act (FEHA), provides extensive protections against gender discrimination. Some of the specific discriminatory actions that are prohibited include: Employment Standards and Policies: Employers cannot implement standards or policies that require sexually provocative dress or grooming that tends to stereotype women. Policies that refuse to permit employees to wear pants based on their sex are also prohibited. Pay Discrimination: It is unlawful to discriminate against employees based on sex when it comes to rates of pay for the same job. This includes ensuring that men and women are paid equally for performing the... --- > For those experiencing difficulties with maternity leave requests, consulting Oakland FMLA lawyers can provide essential legal support and guidance to navigate the complexities of maternal rights under California law. - Published: 2024-09-10 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/denied-maternity-leave-what-should-an-employee-do/ - Categories: Discrimination, Workplace Retaliation - Tags: FMLA, Pregnancy Discrimination, pregnancy discrimination lawyer Navigating the pregnancy journey is a significant life event filled with anticipation, excitement and a fair share of stress. One crucial aspect many expecting mothers must manage is applying for maternity leave. Unfortunately, some face the additional burden of having their maternity leave request denied by their employer, leaving them feeling unsure of how to handle the situation. When a denial occurs, an experienced employment attorney can help pregnant workers take the next steps to address the situation. Minnis & Smallets LLP is available to provide the guidance needed during this challenging time. Overview of Maternity Leave in California California offers some of the most comprehensive maternity leave protections in the country. It allows employees to take the necessary time off to care for their newborns without fear of losing their jobs. The key laws governing maternity leave in California are the Pregnancy Disability Leave Law (PDLL) and the California Family Rights Act (CFRA). Pregnancy Disability Leave Law (PDLL) The PDLL allows employees up to four months of leave if they are disabled by pregnancy, childbirth or a related medical condition. This includes any medically recognized physical or mental condition related to pregnancy, such as severe morning sickness, preeclampsia, postpartum depression and recovery from childbirth. Employees are deemed disabled if they cannot perform one or more essential functions of their job or if performing these functions poses a risk to their health or the health of their pregnancy. California Family Rights Act (CFRA) In addition to the PDLL, the CFRA... --- > Minnis & Smallets LLP provides guidance as a San Francisco employment attorney, ensuring employees' rights are protected under FEHA. - Published: 2024-08-20 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-is-a-protected-characteristic-under-feha/ - Categories: California Family Rights Act, Discrimination - Tags: Discrimination, discrimination attorney, employment attorneys The California Fair Employment and Housing Act (FEHA) is a cornerstone of employment law in the state, designed to protect employees from discrimination in the workplace. Enforced by the California Civil Rights Department (CRD), FEHA establishes guidelines that prohibit employers from discriminating against individuals based on certain personal characteristics as protected under the law. Understanding these protected characteristics is crucial for employees facing discrimination or other workplace matters. Minnis & Smallets LLP helps clients recognize their rights under the FEHA and its significance to their case. What Are Protected Characteristics Under FEHA? Protected characteristics refer to specific traits or attributes that are legally safeguarded against discrimination. These characteristics are protected by law and cannot be used as a basis for making employment-related decisions such as hiring, firing, promotions or job assignments. Under FEHA, these protected characteristics include: Age. Discrimination based on age is prohibited, especially for individuals who are 40 years old or older. This protection ensures that employees and job applicants are not unfairly treated due to their age. National Origin. FEHA protects individuals from discrimination based on their ancestry or national origin, ensuring that employees are not judged or mistreated due to their ethnic background or country of origin. Disability. Employees with physical or mental disabilities are protected under FEHA. This includes ensuring reasonable accommodations are provided to enable them to perform their job duties effectively. Gender. Gender-based discrimination, including discrimination related to gender identity and expression, is prohibited. This protection supports a workplace environment of equality and... --- > The San Mateo employment lawyers at Minnis & Smallets LLP strategically guide employees through legal disputes with their employer. Call to learn more. - Published: 2024-08-06 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-questions-should-employees-ask-their-potential-attorney/ - Categories: Discrimination, Harassment, Lawsuits against Your Employer - Tags: discrimination attorney, employment attorney, wrongful termination Navigating the complexities of employment law can be daunting, whether the matter involves discrimination, harassment or wrongful termination. Having the right legal representation is crucial for ensuring one’s rights are protected and that they receive fair treatment. When preparing for a meeting with a potential employment law attorney, it’s essential to ask the right questions. Minnis & Smallets LLP believes personal attention and detailed planning are key to successful legal outcomes. Below, we outline some critical questions to ask during the initial consultation. What Is the Firm's Experience With Employment Law? One of the first questions to ask any potential attorney is about their experience. Employment law is a specific field, and the lawyer should have a deep understanding of both California and federal employment laws. Ask them how long they have been practicing and if they have handled similar cases. An attorney with extensive experience in navigating complex employment issues will be well-equipped to handle the case with skill and tenacity. What Rights Do Employees Have in California? California has robust employee protection laws in addition to the federal regulations. A knowledgeable attorney should be able to explain these rights clearly. Ask about specific protections against discrimination, harassment, retaliation and wrongful termination. Understanding one’s rights is the first step in protecting them. What Legal Options Are Available? Each employment issue can be approached in various ways, including negotiation, mediation or litigation. Ask the attorney what legal options they recommend for the specific case and why. This will give insight... --- > For comprehensive support and advocacy, mothers facing workplace challenges should consult a knowledgeable San Francisco employment lawyer at Minnis & Smallets LLP. - Published: 2024-07-23 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-should-mothers-know-about-their-rights-in-the-workplace/ - Categories: Discrimination - Tags: Discrimination, Pregnancy Discrimination, pregnancy discrimination lawyer Navigating the workplace as a mother comes with unique challenges that require awareness and understanding of one's legal rights. Ensuring mothers are informed about their workplace rights is crucial for safeguarding their well-being and career progression. At Minnis & Smallest LLP, we believe it is important to recognize the key protections under the law. We offer guidance on how to handle and combat workplace discrimination and harassment. Understanding Discrimination That Impacts Employees Who Are Mothers Legal Protections Pregnancy discrimination is one form of mistreatment that mothers may face at work. It occurs when an employer treats an employee unfavorably due to pregnancy, childbirth or related medical conditions. Under the Pregnancy Discrimination Act (PDA) and the California Fair Employment and Housing Act (FEHA), it is unlawful for employers to discriminate against workers based on pregnancy. These laws require employers to treat pregnant employees the same as other employees who are similar in their ability or inability to work. Examples of Discrimination Discrimination can take various forms, including being passed over for promotions, being reassigned to less favorable positions, and not being provided with reasonable accommodations. For instance, a pregnant employee might experience severe morning sickness that necessitates a modified work schedule. Employers are obligated to provide reasonable accommodations unless doing so would cause undue hardship to the business. Maternity Leave: Rights and Provisions Federal and State Laws Mothers are entitled to maternity leave under both federal and state laws. The Family and Medical Leave Act (FMLA) allows eligible employees to take... --- > Consult with a San Francisco discrimination attorney at Minnis & Smallets LLP for personalized guidance through the complexities of employment law. - Published: 2024-07-09 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/how-can-employees-file-a-complaint-with-californias-dfeh/ - Categories: Discrimination, Harassment, Lawsuits against Your Employer - Tags: Discrimination, discrimination attorney, harassment Employees in California are entitled to a safe and respectful work environment. Unfortunately, discrimination, harassment and retaliation can still occur. Speaking out against such injustices is crucial, not only for personal well-being but also for fostering a more equitable workplace. At Minnis & Smallets LLP, we are committed to guiding employees through the legal process of filing a complaint with the Department of Fair Employment and Housing (DFEH), ensuring their rights are protected every step of the way. Understanding the Importance of Filing a Complaint Filing a complaint against unlawful employment practices is a significant step toward seeking justice and creating change. Whether an employee is facing discrimination based on race, gender, age or any other protected characteristic, taking legal action is essential. An experienced attorney can help navigate this complex landscape, providing personalized support to effectively bolster the case. Determining If An Employee Has a Valid Claim Before filing a complaint, it is crucial to evaluate whether the situation qualifies under the California Fair Employment and Housing Act (FEHA). The employer must have at least five employees, act as an agent of a covered employer or be a governmental entity. Furthermore, the employer's actions must constitute unlawful discrimination, harassment or retaliation. If the claim is valid, employees will consult with an attorney to decide how to proceed with their complaint. Employees may file with California’s DFEH, which has the power to issue subpoenas, compel evidence and work towards eliminating unlawful practices. Completing the Intake Interview Upon submitting the intake... --- > Social media can impact an employment law case, potentially being used to support the employee's claims. Contact Minnis & Smallets LLP to speak with a dedicated San Francisco employment attorney. - Published: 2024-06-10 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/can-social-media-posts-impact-an-employment-law-case/ - Categories: Discrimination, Wrongful Termination - Tags: employment, employment attorney, employment discrimination Social media has become a ubiquitous part of daily life, providing platforms for communication, self-expression and information sharing. However, the influence of social media extends beyond personal interactions into the legal realm, particularly in employment law cases. Social media posts can significantly impact cases involving wrongful termination and other employment disputes by serving as critical evidence. At Minnis & Smallets LLP, we understand the complexities surrounding social media's role in these cases and are dedicated to helping employees build robust cases to showcase any mistreatment they may have faced. The Role of Social Media in Employment Cases Social media platforms like Facebook, Twitter and LinkedIn have revolutionized how individuals communicate and share information. In the context of employment law, these platforms can offer valuable insights and evidence that either support or challenge claims made in legal disputes. For example, an employee's social media activity might reveal discriminatory comments or retaliatory actions taken by an employer, which can substantiate claims of wrongful termination or harassment. Collecting Evidence Employees can leverage social media to gather evidence pertinent to their cases. They can use their social media history to demonstrate patterns of discriminatory or retaliatory behavior by their employers. This dual capability makes social media a powerful tool in legal investigations and proceedings. Online Reputation Management The content shared on social media also plays a crucial role in managing one's online reputation. Employees must maintain a professional online presence, as social media posts can influence how they are perceived by their employers and... --- > Employees facing wrongful termination issues in California should reach out to a San Francisco wrongful termination attorney at Minnis & Smallets LLP. - Published: 2024-05-20 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-makes-a-termination-wrongful-under-california-law/ - Categories: Attorney Advice, Discrimination, Wrongful Termination - Tags: wrongful termination, wrongful termination attorney, wrongful termination lawyer In California, the law safeguards employees against wrongful termination, ensuring that their rights are protected in the workplace. Understanding these protections is important for employees navigating their careers within the state. Employers must adhere to specific legal boundaries when terminating employment, and failure to do so can result in what is legally recognized as wrongful termination. At Minnis & Smallets LLP, we are dedicated to guiding our clients through the complexities of employment law, ensuring they are fully informed and supported every step of the way. We believe that all employees in California should recognize their rights and understand how the law defines wrongful termination. For case-specific legal advice, call our attorneys for a case evaluation. Understanding Wrongful Termination Wrongful termination occurs under various circumstances that breach California's employment laws. These laws are designed to protect employees from unfair treatment and ensure that employers maintain a lawful and ethical environment. Below, we detail the primary factors contributing to wrongful termination under California law. Discrimination California law strictly prohibits employers from terminating employees based on protected characteristics such as race, gender, age, disability, religion or national origin. Such actions are considered discriminatory and are a clear violation of an employee’s legal rights. At Minnis & Smallets LLP, we emphasize the importance of recognizing and standing up against discrimination in the workplace. Retaliation Under California law, retaliation against an employee for engaging in protected activities—including reporting unethical practices, filing complaints or participating in investigations—is unlawful. Employees should feel empowered to speak up... --- > For representation that navigates the complexities of how social media impacts employment law, trust a San Francisco employment lawyer at Minnis & Smallets LLP. - Published: 2024-05-06 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/could-social-media-posts-impact-an-employment-law-case/ - Categories: Attorney Advice, Wrongful Termination - Tags: employment attorney, employment law, SF employment law Social media is one of the most popular ways for individuals to instantly share moments and connect with others like never before. As many people’s lives become increasingly visible online, it’s important to remember that the content posted on social media isn't just seen by friends and family. This information can also become a focal point in legal matters, particularly employment law cases. At Minnis & Smallets LLP, we understand the complexities of employment law and the significant role social media can play in such cases. Our attorneys offer insight into how social media posts can potentially impact an employee’s legal claim. The Role of Social Media in Employment Law Cases Social media platforms can be a double-edged sword in employment law disputes. On one hand, they provide a wealth of information that can be used as evidence in legal proceedings. On the other hand, they can raise concerns about privacy and the line between professional and personal life. Evidence Gathering Social media posts can prove crucial in cases of wrongful termination, discrimination or retaliation. For instance, comments, pictures or interactions online may demonstrate a pattern of discriminatory behavior or corroborate claims of a hostile work environment. Similarly, employers might scrutinize an employee's social media activity to challenge their claims or character. Online Reputation Management An individual's social media presence can significantly influence perceptions of their character and actions. In legal disputes, posts may be analyzed to assess motives, behaviors or adherence to company policies. This scrutiny underscores the need... --- > For personalized guidance through California's maternity and paternity leave laws, consult with an Oakland employment attorney at Minnis & Smallets LLP. - Published: 2024-04-24 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/who-is-eligible-for-maternity-and-paternity-leave-under-the-cfra/ - Categories: Benefits, Discrimination, Leave of Absence - Tags: Discrimination, Leave of Absence, maternity leave, paternity leave California maintains progressive employment laws, particularly in the arena of maternity and paternity leave. The Golden State's commitment to supporting families during these pivotal moments is evident through its comprehensive legislation that protects employees’ rights. At Minnis & Smallets LLP, we recognize the importance of understanding one's rights under the California Family Rights Act (CFRA). Our experienced attorneys are dedicated to guiding employees through the complexities of CFRA eligibility and ensuring their rights are protected. Eligibility for Maternity and Paternity Leave Under the CFRA The CFRA is designed to offer job-protected leave to parents welcoming a new child, whether through birth, adoption or foster care placement. This inclusive legislation supports equal opportunities for baby-bonding time across diverse family structures. Key Eligibility Criteria: New Parenthood: The CFRA extends its benefits to those welcoming a new child into their family. Employment Duration: To qualify, an individual must have been employed with their current employer for at least one year prior to the start of the leave. Hours Worked: Eligibility requires having worked at least 1,250 hours during the 12 months preceding the leave. Employer Size: The employer must have at least five employees to be covered under the CFRA. During this 12-week period, employers are mandated to continue providing any health care benefits at the same level as if the employee was working. Upon returning from CFRA leave, employees are entitled to resume their previous position or a similar role, ensuring job security after they leave. Pregnancy Disability Leave (PDL) in California... --- > For guidance through discrimination cases and comprehensive legal support, Minnis & Smallets LLP is a trusted team of San Francisco employment attorneys. - Published: 2024-04-10 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-damages-can-be-recovered-in-a-discrimination-case/ - Categories: Discrimination, Harassment - Tags: Discrimination, discrimination attorney, employment attorney Facing discrimination in the workplace is not only unjust but can also have profound personal and financial impacts on an individual. The law recognizes the severity of such injustice and provides avenues for employees to seek compensation for their losses. At Minnis & Smallets LLP, we are deeply committed to guiding employees through the complexities of employment law, ensuring they understand their rights and the damages they're entitled to when faced with workplace discrimination. Our firm stands out for its personalized approach and dedication to representing employees across California and the Bay Area. Our experienced attorneys are here to navigate hardworking employees through difficult employment situations and protect their legal rights. Recoverable Damages in a Discrimination Case Discrimination cases are intricate, and the damages recoverable reflect the multifaceted impact discrimination can have on an individual's life. In California, those subjected to workplace discrimination may be entitled to economic damages, emotional distress damages and punitive damages. Economic Damages Economic damages compensate for financial losses directly stemming from discriminatory actions. This category includes lost past wages—earnings an employee missed out on due to discriminatory practices—and lost future wages, which cover potential earnings had the discrimination not occurred. For instance, if an individual was wrongfully terminated or denied a promotion due to discriminatory reasons, they may be able to recover the wages they would have earned. It's important to note that employees have a duty to mitigate their damages by seeking new employment, but only in positions substantially similar to their previous roles.... --- > Preparing for the initial meeting with a San Francisco employment lawyer is pivotal in addressing workplace issues effectively and safeguarding one’s rights. - Published: 2024-03-23 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-are-ways-to-prepare-for-the-first-meeting-with-an-employment-law-attorney/ - Categories: Attorney Advice, Harassment, Wrongful Termination - Tags: employment attorney, employment lawyer, harassment, wrongful termination Navigating the complexities of workplace issues such as harassment, discrimination and wrongful termination can be daunting. In such situations, consulting with an employment law attorney becomes not just beneficial, but necessary. The first consultation with a lawyer servesas a crucial step in addressing these challenges, setting the stage for a potential legal journey ahead. At Minnis & Smallets LLP, we understand the importance of this initial meeting and are committed to assisting employees who have encountered mistreatment at work. Here's how employees can prepare for their first meeting with an employment law attorney, ensuring a productive and insightful discussion. Gather Contracts and Other Relevant Documentation One of the most critical steps in preparing for the initial consultation is to compile all relevant documentation related to employment. This includes any contracts one might have signed, such as employment agreements, confidentiality agreements, and arbitration agreements. Additionally, bring any documents that outline job responsibilities, compensation details, and performance evaluations. These documents provide a solid foundation for understanding the specifics of the case and allow the attorney to assess the situation accurately. Bring Evidence of Discrimination or Mistreatment If the case involves allegations of discrimination or mistreatment, it's essential to bring any evidence that supports the claims. This might include emails, text messages, memos, or any other form of communication that highlights discriminatory practices or harassment. Also, relevant are company policies, employee handbooks, and any records of complaints made to human resources. Providing this evidence during the first meeting will give the attorney a... --- > For guidance on navigating workplace harassment, contact a dedicated San Francisco employment lawyer at Minnis & Smallets LLP today. - Published: 2024-03-09 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-are-forms-of-non-physical-sexual-harassment/ - Categories: Harassment, Sexual Harassment - Tags: harassment, sexual harassment, sexual harassment lawyer In the modern workplace, understanding the multifaceted nature of sexual harassment is crucial. Not all forms of sexual harassment involve physical contact; in fact, non-physical sexual harassment can be just as damaging and pervasive. Recognizing these signs is the first step toward creating a safer work environment for everyone. Should employees find themselves facing such circumstances, seeking legal assistance is imperative. At Minnis & Smallets LLP, we stand ready to guide and represent those affected by these issues, ensuring their rights are protected and voices heard. Contact us for case-specific legal guidance. Verbal Harassment Verbal harassment encompasses a range of behaviors, from making sexual jokes and suggestive comments to offering unwanted invitations or advances. This form of harassment often involves sexualized language, innuendos or derogatory remarks related to an individual's appearance, sexual orientation or gender. Such actions can create an uncomfortable and demeaning environment, affecting the individual’s mental health and job performance. Nonverbal Harassment Sexual harassment doesn't require words to be harmful. Nonverbal cues, such as lewd gestures, facial expressions, staring, winking or displaying inappropriate imagery, also constitute harassment. These actions can make the workplace feel unsafe, contributing to a culture of disrespect and intimidation. Quid pro Quo Quid pro quo harassment occurs when an employer or superior offers job-related benefits—such as promotions, raises or special treatment—in exchange for sexual favors. This blatant misuse of power not only undermines professional merit but also places undue pressure on the employee, forcing them into an ethically compromising and potentially dangerous situation. Hostile... --- - Published: 2024-02-26 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/sonya-smallets-featured-in-super-lawyers/ - Categories: Uncategorized Sonya Smallets, a partner at Minnis & Smallets LLP, has recently been quoted extensively in three articles showcased on the Super Lawyers website. Her notable contributions underscore her knowledge and leadership in the legal field. Click on the links below to read more. Is It Legal to Be Fired Without Notice? (superlawyers. com) What Is an Implied Employment Contract in Wrongful Termination? (superlawyers. com) Was I Fired for Discriminatory Reasons? (superlawyers. com) Source: www. superlawyers. com --- > Minnis & Smallets LLP, a team of San Francisco employment lawyers, aims to guide job applicants through complex discrimination laws, ensuring a fair and lawful hiring process. - Published: 2024-02-19 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-can-and-cant-employers-ask-during-an-interview/ - Categories: Attorney Advice, Discrimination - Tags: Discrimination, fair chance act, fair employment act Job interviews can be highly stressful, and that’s especially true when an applicant is asked an unexpected question during the hiring process. Understanding the line between lawful and unlawful questions can make a significant difference in addressing the situation accordingly. This knowledge not only helps to ensure a fair interview process but also safeguards applicants from potential discrimination. In such situations, the guidance of an experienced attorney can be invaluable. At Minnis & Smallets LLP, our focus is on navigating clients through these intricate employment situations. Employees who believe their rights may have been violated in a job interview should contact our attorneys for a consultation. Questions About National Origin The first category of off-limits questions pertains to the applicant's national origin. Questions about where the applicant is from or how long they’ve lived in California or the United States might seem innocent, but they can be discriminatory. However, it is lawful for employers to ask if an applicant is authorized to work in the U. S. , provided the question does not harbor any discriminatory intent. Questions About Age Age-related inquiries are another question that can be discriminatory. Under the California Fair Employment and Housing Act (FEHA), direct questions asking an applicant’s age or indirect ones, such as ones asking what year they graduated, are prohibited. Exceptions to this rule exist for roles with minimum age requirements. Questions About Medical Conditions Job applicants should also be aware that their health history, medical conditions, injuries or mental health are protected... --- > At Minnis & Smallets LLP, our Silicon Valley employment lawyers are committed to understanding and addressing individual client needs, providing reliable guidance through the complexities of California sick leave laws and protecting employee rights. - Published: 2024-02-05 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/can-my-employer-request-a-doctors-note-for-time-off/ - Categories: Attorney Advice, Family and Medical Leave Act, Leave of Absence - Tags: FMLA leave, leaves of absence, medical leave For many employees, taking a sick day can be a source of stress, especially if they are worried about whether they must provide a doctor’s note to their employer. The laws regulating sick leave in California are not always straightforward, so it’s important that employees seek legal assistance. At Minnis & Smallets LLP, we give personalized attention to every client, ensuring a thorough understanding of specific employment situations. If an employee is facing retaliation for taking sick leave, it’s important to review their situation with an attorney. Can California Employers Require a Doctor's Note for Sick Leave? Under California’s Healthy Workplace Healthy Family Act of 2014, employers need to provide 5 days (or 40 hours) of sick leave to employees. Generally, employers do not ask for a doctor's note when employees take sick leave. While the law does not explicitly forbid employers from requiring a doctor's note before issuing paid sick leave, employers cannot legally deny an employee's right to use accrued sick days or retaliate against them for doing so. According to the Labor Commissioner’s Office at the California Department of Industrial Relations (DIR), requiring a doctor’s note might interfere with an employee's right to use their accrued sick time, potentially creating a barrier for employees in need of sick leave. As employers and employees navigate this complex landscape, it is crucial to stay updated on any developments or guidance provided by relevant authorities to ensure compliance with California employment regulations. Is a Doctor’s Note Required to Take Leave... --- > At Minnis & Smallets LLP, our San Francisco sexual harassment lawyers are dedicated to protecting the rights of individuals experiencing any form of sexual harassment in the remote workplace, advocating for a safe, respectful, and inclusive working environment. - Published: 2024-01-23 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/how-has-the-work-from-home-environment-impacted-sexual-harassment/ - Categories: Sexual Harassment - Tags: sexual harassment, sexual harassment attorney, unlawful employment In the wake of the COVID-19 pandemic, a significant shift occurred in the workplace landscape. The traditional office environment transformed into a remote work-from-home setting. While this change brought several benefits, such as reduced costs and increased convenience, it also altered the dynamics of workplace interactions, including the issue of sexual harassment. At Minnis & Smallets LLP, we are committed to representing employees who have been subjected to such inappropriate behavior, regardless of their work setting. Call our firm for a consultation with a knowledgeable employment attorney. Understanding Workplace Sexual Harassment in Remote Settings Workplace sexual harassment is a grave issue that can manifest in various forms, as defined by Title VII of the Civil Rights Act of 1964. It broadly encompasses quid pro quo harassment and the creation of a hostile work environment. Quid pro quo harassment involves a person in authority requesting sexual favors in exchange for professional benefits. Meanwhile, a hostile work environment involves sexual advances, jokes, or comments that create an intimidating or threatening work atmosphere. In a remote work setting, physical sexual harassment may be absent, but other forms persist and are just as destructive. Verbal and visual sexual harassment remain prevalent and are considered unlawful under the Civil Rights Act of 1964. Examples of Sexual Harassment in Remote Workplaces Remote workers should stay vigilant and be aware of potential verbal or visual harassment in order to create a safe and respectful work environment. Examples of verbal harassment include receiving or overhearing inappropriate sexual jokes... --- > Minnis & Smallets LLP is dedicated to helping workers understand their rights under at-will employment. Call our San Francisco employment attorneys for a consultation. - Published: 2024-01-09 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-are-the-pros-and-cons-of-at-will-employment/ - Categories: Discrimination, Employee Agreements - Tags: at-will employment, Discrimination, Employee Agreements When it comes to employment, it is crucial to have a clear understanding of one's rights and responsibilities. This is especially true for at-will employment, which is a commonly used arrangement in California. At Minnis & Smallets LLP, we are experienced employment law attorneys who assist employees in navigating the complexities of their contract. Our goal is to ensure that our clients fully comprehend the implications of at-will employment. Contact our firm for a consultation to receive case-specific guidance. What Are the Advantages of At-Will Employment? At its core, at-will employment is an arrangement that allows both employers and employees to terminate the employment relationship without notice or reason. This flexibility is one of the key benefits of such an arrangement. As an employee, at-will employment grants an employee the freedom to quit their job at their discretion, without any legal consequences. This means that if an employee decides to seek a more financially rewarding opportunity elsewhere or if they no longer wish to continue working for their employer for any reason, they have the liberty to do so. This arrangement empowers employees to make decisions about their career path based on their personal and professional aspirations, providing them with the flexibility to navigate their work-life balance with greater ease and peace of mind. Potential Drawbacks of At-Will Employment While being an at-will employee holds certain advantages, this arrangement is not without its drawbacks. The same freedom that allows employees to leave a job also permits their employer to terminate... --- > At Minnis & Smallets LLP, our accomplished pregnancy discrimination attorneys are committed to guiding employees through the intricacies of employment law, ensuring they understand their rights and protections during pregnancy. - Published: 2023-12-27 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/are-california-employees-required-to-report-a-pregnancy-to-their-employer/ - Categories: Discrimination, Leave of Absence - Tags: Pregnancy Discrimination, pregnancy discrimination lawyer, pregnancy leave The act of disclosing a pregnancy to an employer carries significant importance, especially when seeking workplace accommodations. Making the employer aware of the pregnancy opens up the opportunity for dialogue about any necessary alterations to the work environment or schedule, ensuring the well-being of both the employee and the unborn child. However, navigating the complexities of employment law can be daunting. In California, employees may wonder whether they are required to report their pregnancy status to their employer. The answer lies in understanding the legal guidelines and obligations that both employers and employees must adhere to. Minnis & Smallets LLP is here to help pregnant employees understand their options. Contact us for case-specific advice. When and What to Disclose In the state of California, no legal deadlines mandate employees to notify their employers about a pregnancy. However, should an employee require pregnancy-related leave, accommodation, or temporary transfer, a 30-day advance notice becomes necessary, provided the need for such is foreseeable. In situations where giving a 30-days notice is impracticable, such as an unforeseen medical issue, it is expected that the employee provides notice as soon as possible. Before starting this conversation, it is advisable to review the employer's policies on pregnancy and parental leave. It is also essential to reassure the employer of continued commitment to the job and plans to return to work after the baby arrives. This is crucial as some employers may assume that pregnancy signals an end to an employee's dedication and reliability. Workplace Accommodations Under... --- - Published: 2023-12-19 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/attorney-evan-ettinghoff-awarded-outstanding-barrister/ - Categories: Firm News - Tags: employment lawyers Evan has actively participated in the Barristers Labor & Employment Law Section for six years and presently serves as the Chair of the Executive Committee. During this time, he has coordinated and led multiple Continuing Legal Education (CLE) sessions. His dedicated contributions have greatly enriched the section's initiatives and underscore his commitment to fostering professional development within the legal community. If you ever need an experienced attorney to help you with your case, don’t hesitate to contact our firm. --- > Minnis & Smallets LLP, armed with extensive experience and a personalized approach, are reliable Oakland wrongful termination lawyers ready to protect employee rights. - Published: 2023-12-13 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/identifying-wrongful-termination-what-are-the-signs/ - Categories: Unlawful Termination, Wrongful Termination - Tags: wrongful termination, wrongful termination attorney, wrongful termination lawyer Wrongful termination is a noteworthy concern for California employees. It refers to a situation where an employee's dismissal violates legal rights or employment agreements. The repercussions extend beyond career disruption, affecting emotional and financial stability. In navigating the complexities of employment law, identifying signs of wrongful termination becomes vital. At Minnis & Smallets LLP, we help employees understand the signs of wrongful termination and help them take the necessary steps to protect their rights. Sign 1: Contract Violations The cornerstone of any employment relationship lies in honoring contractual obligations. If an employment contract, whether written or verbal, suffers violation, it often signals wrongful termination. Early dismissal before the agreed-upon employment timeframe can potentially constitute a breach of contract. However, California operates under an "at-will" employment principle, allowing employers to terminate employees without a stated reason. Exceptions occur, such as retaliatory discharge and firing after inducement. Sign 2: Experiencing Work Discrimination Workplace discrimination is a grave violation of law and encompasses various factors such as race, gender, sexual orientation, age, disability, national origin, pregnancy, and religion. It is crucial to note that termination based on these discriminatory grounds constitutes wrongful dismissal, which can have severe consequences for employers. In such instances, it is advisable to seek recourse by contacting an attorney who specializes in these matters. Sign 3: Violation of Public Policy by Employer Public policy safeguards employees from dismissal for fulfilling civic duties such as jury service or voting. Additionally, termination due to family or medical leave requests is deemed... --- > Minnis & Smallets LLP is a team of experienced San Mateo workplace retaliation attorneys dedicated to representing employees impacted by unfair treatment at work. - Published: 2023-11-30 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/how-can-employees-identify-workplace-retaliation/ - Categories: Attorney Advice, Workplace Retaliation - Tags: retaliation lawyer, workplace retaliation, workplace retaliation attorney Workplace retaliation, a detrimental yet prevalent issue, triggers harmful implications for employees exercising their legal rights or reporting misconduct. It manifests in various forms, both subtle and overt, creating an environment of fear and intimidation. At Minnis & Smallets LLP, we believe in empowering employees with knowledge to understand, identify, and combat workplace retaliation. We are dedicated to helping employees understand the signs of retaliation and the steps to take if they believe they may have been subjected to unfair treatment. What Is Workplace Retaliation? Workplace retaliation, a harmful act of retribution, manifests when adverse actions are taken against an employee in response to their engagement in protected activities. Retaliation against employees often occurs in the form of whistleblower retaliation, which is an employer’s attempt to control and suppress information that an employee has revealed. Employees have a right to come forth regarding workplace harassment, discrimination and mistreatment, so any employee facing retaliation should understand the different ways it can manifest. Understanding the Different Forms of Workplace Retaliation Retaliation in the workplace is not confined to direct physical harm or explicit threats. It can permeate into various aspects of an employee's professional life. Termination, demotion, salary reduction, negative performance evaluation, or removal of job duties - all these actions can be forms of retaliation. It is imperative to understand that retaliation does not always follow a formal complaint. An employer might resort to retaliatory measures even if an employee has merely voiced concerns or questioned certain practices. The retaliation is... --- > Minnis & Smallets LLP is a trusted San Mateo wrongful termination law firm dedicated to providing comprehensive support. - Published: 2023-11-21 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-steps-should-employees-take-after-being-fired-from-a-job/ - Categories: Discrimination, Unlawful Termination, Wrongful Termination - Tags: Discrimination, unlawful termination, wrongful termination, wrongful termination lawyer When one experiences the event of job termination, it can be quite challenging to figure out the next steps. In California, an at-will employment state, employers can end the working relationship without notice for almost any reason. However, this does not include reasons that stand in violation of federal and state laws protecting employees against unlawful terminations. As such, knowing one's rights is crucial. Minnis & Smallets LLP aims to assist employees through crucial steps to undertake following a job termination. Contact our firm for case-specific guidance. Understanding At-Will Employment In California, most workers are at-will employees. This means that their employment can be terminated at any time, even for reasons that may seem unjust or absurd. However, it is crucial to note that there are numerous protections against unlawful firings under both federal and state laws. For instance, firing an employee for discriminatory reasons, such as race, religion, sex, or retaliation for reporting harassment or exercising a legal right, is considered unlawful. Furthermore, if an employee believes their termination arises from a violation of their privacy rights or due to a request protected by the California constitution, they might be looking at a potential wrongful termination case. Collecting Evidence If an employee suspects their termination was unlawful, it is vital to gather all relevant information that could serve as evidence to support their claim. This includes the name and contact information of the person who decided to terminate them, the stated reason for their termination, contact details of any... --- > Any type of workplace harassment is unlawful and unacceptable, even if you have a digital work environment. If your rights were violated, contact a Bay Area workplace discrimination attorney. - Published: 2023-11-02 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/workplace-harassment-in-the-digital-age/ - Categories: Discrimination, Harassment - Tags: Bay Area discrimination attorney, Bay Area harassment attorney, workplace discrimination, workplace harassment Harassment on the job can take many damaging forms, but the rise of digital communications has greatly increased the opportunities available. While the basic forms of harassment at work haven’t changed much, digital mediums create inroads that weren’t available in the past. If you are the victim of workplace harassment – whether digital or otherwise – you shouldn’t delay seeking the skilled legal guidance of an experienced Bay Area workplace discrimination attorney. Remote Work and Digital Harassment The New York Times reports that many believed the upside to working remotely would be a decrease in workplace harassment, but that hasn’t been the case. In fact, too many employees have experienced an opening-of-the-floodgate effect when it comes to rules and regulations being ignored. What Is Digital Harassment? Much like traditional workplace harassment, digital harassment refers to an employee experiencing harassment of any kind as a result of being a member of a protected class. This harassment can include lording power over a colleague, subordinate, or employee, which leads to a hostile work environment that can leave employees feeling unsafe, unprotected, or threatened in relation to their identity. Digital harassment can also impede an employee’s ability to do their job. Ultimately, all the following can amount to harassment: Words Images Behaviors – whether they are in-person or not Why Remote Work Hasn’t Diminished Workplace Harassment Digital connections can embolden harassers to unleash their ugly practices on recipients who are more vulnerable than they are. What an employee or employer says or does... --- > Too many employees experience direct or indirect discrimination from an employer, which can result in financial and emotional harm. A Bay Area workplace discrimination attorney is ready to help. - Published: 2023-10-21 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/the-difference-between-direct-and-indirect-discrimination/ - Categories: Discrimination - Tags: Bay Area discrimination attorney, direct discrimination, discrimination lawyer Bay Area, indirect workplace discrimination Discrimination on the job is harmful and can not only negatively affect your career but can also negatively affect your overall health and well-being. While discrimination is often direct – which means a policy or practice that directly affects a specific class of employees, it can also be indirect, which means the policy or practice affects everyone in the same way, but a specific class of employees is disadvantaged by it. If you’re the victim of workplace discrimination, an experienced Bay Area workplace discrimination attorney can help. Direct Discrimination Defined If you aren’t treated as well as other employees are as a result of any of the following, it’s direct workplace discrimination because you’ve been directly singled out as being a member of a protected class: Your age – if over 40 Your race Your skin color Your ancestry Your national origin, including the language you speak Your religion, which includes any associated dress and grooming practices Your marital status Your sex or gender, which includes being pregnant, giving birth, and breastfeeding – as well as related medical conditions such as a request for pregnancy disability leave Your gender identity or gender expression Your sexual orientation Any medical condition you have, including specific diseases like cancer, genetic characteristics, or medical history Any disability you may have Your military or veteran status Your request for leave under the California Family Rights Act (CFRA) Both the State of California and the federal government outline protected classes, but California’s are more expansive. The... --- > Do you believe your employer is engaging in unlawful age discrimination? Protect your career and legal rights by discussing your concerns with an experienced California employment lawyer. - Published: 2023-10-03 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/signs-of-age-discrimination/ - Categories: Discrimination - Tags: age discrimination law, age discrimination lawyer, Bay Area discrimination attorney, San Francisco discrimination attorneys There are many kinds of discrimination in the workplace, but one form that doesn’t always receive the attention that it should is age discrimination. Age discrimination protections relate to employees who are over the age of 40, and they apply when an employer denies the employee a work-related benefit based on their age. Any employee who believes they may have experienced age discrimination on the job shouldn’t wait to consult with an experienced California employment law attorney. The Federal Law The federal law that protects employees against age discrimination on the job is called the Age Discrimination in Employment Act of 1967 (ADEA), and it applies to employees in all the following situations: When their employer has at least 20 employees When they work for a federal, local, or state government When they work for an employment agency When they are in a labor organization that has at least 25 members California’s laws provide even more expansive protections in relation to age discrimination. Is It Age Discrimination? It is not uncommon for employees to good-naturedly tease one another about their ages – whether they are older or younger than one another – and this generally isn’t interpreted as age discrimination. Some practices that often are, however, include the following: An employer who disproportionately hires younger employees Harassment on the job that is focused on age A tendency to hire or promote younger people because they demand less pay An assumption that older employees have no understanding of technology A practice... --- > Some employers fail to approve FMLA time when it is appropriate, and employees should stand up for their rights to take qualified leave. Speak with a California employment lawyer today. - Published: 2023-09-20 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/do-mental-health-conditions-qualify-for-fmla/ - Categories: California Family Rights Act, Family and Medical Leave Act, Leave of Absence - Tags: FMLA, FMLA Attorney, FMLA lawyer San Francisco, San Francisco medical leave Employees generally recognize that the Family and Medical Leave Act (FMLA) provides them with important protections in the face of their own serious health concerns or a serious health concern that one of their close relatives experiences. Many employees, however, aren’t sure whether FMLA covers mental health conditions, which can be debilitating. Fortunately, FMLA covers both physical and mental health concerns, and employees who experience either are well advised to seek the skilled legal guidance of an experienced California employment law attorney. Your Mental Health and the Workplace Employees who suffer from mental health conditions are forced to carefully consider their needs and legal rights in relation to the stigma that tends to accompany mental illness. Stereotypes related to mental illness that are left unchecked in the workplace can lead to harmful discrimination. Employees who suffer from mental health issues are entitled to reasonable accommodations under the law and are protected from both discrimination and unfair practices at work. The Americans with Disabilities Act The Americans with Disabilities Act (ADA) affords employees with disabilities, such as mental illnesses, considerable protections. To qualify, an employee must demonstrate they suffer from a condition that significantly impairs at least one primary life activity, such as having difficulty concentrating, regulating one’s emotions, or communicating. Further, the employee must demonstrate that they are capable of performing their job’s core duties – either with or without reasonable accommodations. An Extended Leave of Absence A psychiatric concern can require extended time off the job, and FMLA guarantees... --- > Severance agreements are not always in an employee’s best interests. You should discuss whether to negotiate your severance package with a top California employment lawyer before you sign anything. - Published: 2023-08-29 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/when-to-negotiate-a-severance-package/ - Categories: Compensation Issues, Employee Agreements - Tags: CA employment agreement, CA employment law, severance, severance package Some employers attempt to soften the blow of laying employees off, letting them go, or firing them with severance packages. Severance packages refer to payments made to employees at the time of their termination. A severance package is often offered in exchange for an employee’s promise not to file a wrongful termination suit against the employer. When a severance package is less than fair or satisfactory, employees can engage in negotiations in pursuit of a better deal, and an experienced California discrimination attorney can help. Employees Generally Do Not Have the Right to Severance Packages Employees are not guaranteed severance packages, and most don’t have the legal right to them upon termination. Severance agreements, however, help reduce the legal liability employers face in relation to wrongful termination claims, which motivates many to offer them – even when there’s no requirement to do so. The Role of the Severance Package California employees are afforded considerable rights related to discrimination under both state and federal laws, and terminations, such as layoffs, can lead to claims related to discrimination. By offering severance packages that prevent future claims and release existing claims, employers can protect themselves from related costs. In other words, many employers are incentivized by their own bottom lines to offer severance packages to those employees who are being laid off. Severance packages are generally legally binding as long as the following apply: The employee entered the deal voluntarily. The terms included in the deal are legal. The severance agreement can be... --- > There are ways that employers might try to mask discriminatory termination under the guise of layoffs. If you have concerns about your rights, a top California employment lawyer can assist you. - Published: 2023-08-19 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/can-layoffs-be-a-form-of-discrimination/ - Categories: Discrimination, Lawsuits against Your Employer, Unlawful Termination, Wrongful Termination - Tags: CA discrimination attorney, CA employment law, discrimination lawyer When the economy stalls or takes a turn downward, layoffs generally aren’t far behind. There are instances, however, when layoffs are deemed a form of discrimination. While every situation is unique and must be evaluated in accordance with the circumstances involved, being let go by one’s employer is sometimes identified as unlawful discrimination. Employees who believe they’ve been laid off unfairly should consult with an experienced California discrimination attorney. Many Layoffs Are within the Employer’s Legal Rights Employers have the right to lay off an employee or otherwise terminate their employment in relation to inferior job performance, but the matter does not end here. Employers often need to make critical financial decisions that are designed to support economic growth, and this can include lawful layoffs that are based on restructuring the company or on reducing the workforce. Some employers, however, are not above laying employees off for reasons that are not within their legal rights while passing their actions off as an attempt to cut costs or as a means of addressing employee misconduct or underperformance. Protections in the State of California California’s Fair Employment and Housing Act (FEHA) makes it unlawful for employers to lay off employees based on their inclusion in a protected class that addresses any of the following: Sex Sexual orientation Gender, gender identity, and gender expression Pregnancy, childbirth, and related health complications Age – for those who are at least 40 Religion, which includes religious dress and related grooming practices Race, color of skin, ancestry,... --- > Our team at Minnis & Smallets was named to the 2023 Super Lawyers Lists! Contact a top Bay Area Employment Lawyer today. - Published: 2023-08-11 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/minnis-smallets-team-named-to-2023-california-super-lawyers-lists/ - Categories: Firm News - Tags: employment lawyers, super lawyers Minnis & Smallets LLP partners Aaron Minnis and Sonya Smallets have achieved remarkable recognition in the legal community. They have once again been honored by being named to the esteemed Top 100 Super Lawyers list for Northern California. Notably, Sonya Smallets has also secured her place on the exclusive Top 50 Women Super Lawyers for Northern California list for the fifth year in a row. This distinction is a testament to the exceptional reputation and experience of our attorneys at Minnis & Smallets LLP. It is a rare feat for a law firm of this size to have multiple attorneys featured on the "Top 100" list and Aaron Minnis and Sonya Smallets have been selected for this list since 2021. Super Lawyers utilizes a rigorous, multi-phase peer nomination process that includes peer rankings, assessment by a distinguished Blue Ribbon panel, and independent research to identify lawyers who have achieved remarkable recognition from their peers and notable professional accomplishments across various practice areas. Minnis & Smallets LLP takes immense pride in the outstanding achievements of all its attorneys and the acknowledgment of their work in protecting the legal rights of employees throughout California. --- > Did your employer discriminate against you for pregnancy or related reasons? Pregnancy discrimination is unacceptable, and a California employment attorney can protect your rights. - Published: 2023-07-30 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-is-pregnancy-based-harassment/ - Categories: Discrimination - Tags: Discrimination, Pregnancy Discrimination The State of California affords those employees who are pregnant or who have recently given birth important protections on the job. While having a baby is a momentous event for all families, pregnant employees may face discrimination or harassment in the workplace. Employees who’ve been discriminated against in relation to their pregnancies or in response to giving birth are well advised to consult with an experienced California discrimination attorney. Pregnancy Discrimination When an employee or job applicant is treated less favorably than other employees or applicants in response to their pregnancy, it is considered discrimination, and it is unlawful for every California employer who has at least five employees. Pregnancy discrimination comes under the umbrella of sex discrimination. The Forms Pregnancy Discrimination Can Take Pregnancy discrimination can take nuanced forms, which means that it can be difficult to pinpoint. Common examples of pregnancy discrimination on the job that is unlawful in California include the following: Employers who demote or fire a pregnant employee based on related medical conditions Employers who fail to reasonably accommodate the disabilities pregnant employees experience Employers who deny pregnant employees time off for giving birth or for related medical conditions when the employee is legally entitled to the time off Employers who refuse to accommodate the needs of an employee who recently gave birth in relation to breastfeeding, pumping milk, or receiving medical treatment for a health condition related to breastfeeding Employers who refuse to hire an applicant based on their pregnancy or on the fact... --- > Interns should not be subject to employment discrimination, and the law protects interns from such misconduct. If a company violated your rights, a California employment attorney can help. - Published: 2023-07-20 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/how-are-interns-protected-from-discrimination-in-the-workplace/ - Categories: Discrimination - Tags: discrimination attorney, workplace discrimination It wasn’t until recently that interns and volunteers were protected from discrimination and harassment on the job. In recent years, California has extended such protections to interns and those in other unpaid positions. Interns who’ve been discriminated against in the course of their work have rights, and an experienced California discrimination attorney can help. Fair Employment and Housing Act California’s Fair Employment and Housing Act (FEHA) prohibits harassment that is based on being in a protected class against all the following: Unpaid interns and volunteers Employees Applicants Contractors Harassment is a form of discrimination, and this law applies to employers across California – even those who have fewer than five employees. FEHA also makes it unlawful to retaliate against all the above categories of employees for asserting their legal rights in relation to discrimination, and this applies to all employers with five or more employees. Protected Classes In California, those class characteristics that employees – including interns – are protected from discrimination regarding include all the following: Age – for those over 40 Sex and gender, which extends to pregnancy, childbirth, breastfeeding, and related medical conditions Sexual orientation Gender identity and gender expression Race Skin color Ancestry National origin, including language use Religion, which includes religious grooming practices and forms of religious dress Marital status Medical conditions, including genetic characteristics and cancer or a history of cancer Disability Genetic information Veteran or military status Request for family care leave, for leave related to the employee’s own serious health condition, or... --- > Discrimination at work against new moms is illegal, but it still happens. An attorney can provide essential information to help new moms understand their rights and fight back against discrimination. - Published: 2023-07-11 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/discrimination-in-the-workplace-what-new-moms-should-know/ - Categories: California Family Rights Act, Discrimination, Family and Medical Leave Act - Tags: FMLA, FMLA lawyer San Francisco, maternity leave, Pregnancy Discrimination New moms face considerable challenges that go beyond the immense work involved in raising a happy and healthy little one. Returning to work can be especially daunting – and it is not unheard of for new mothers to face workplace discrimination related to both their pregnancy and their return to work after giving birth. Any employee who believes this may apply to them is advised to seek the skilled legal guidance of an experienced San Francisco workplace discrimination attorney. Working while Pregnant In workplaces that have five or more employees, pregnant employees are entitled to reasonable pregnancy accommodations, which can include all the following: Allowing time off for prenatal appointments Allowing additional breaks throughout the day Changing the pregnant employee’s work to light duty or to a safer position Ensuring the pregnant employee has help with lifting and manual labor To obtain pregnancy accommodations in California, a doctor’s recommendation regarding the needed changes should suffice. Further, if a doctor declares an employee disabled by pregnancy, employers are required to provide up to four months of pregnancy disability leave, which involves unpaid but job-protected leave and ongoing health insurance. There are also federal protections in place that flow from the Americans with Disabilities Act, which makes it illegal in this country for employers with at least 15 employees to discriminate against disabled employees, and pregnancy-related conditions like the following qualify as disabilities under the act: Gestational diabetes Preeclampsia The protections include: An employee cannot be harassed or refused a promotion due... --- > California now requires employers to include pay range information in job postings. Stay informed and determine whether your rights have been violated with help from a top San Francisco employment attorney. - Published: 2023-06-27 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/pay-range-now-required-in-many-california-job-listings/ - Categories: Compensation Issues, Discrimination, Fair Employment & Housing Act, Wage & Hour - Tags: discrimination attorney, San Francisco discrimination attorneys, wage discrimination, workplace discrimination The governor of California signed a pay transparency bill into law last year that requires employers with 15 or more employees to include the pay range for every job posting and to publicly report pay for specific groups of employees. The underlying idea is – among other things – to help employers weed out any discriminatory pay practices they may engage in before they become a pattern. Discriminatory pay hurts employees, but an experienced San Francisco workplace discrimination attorney can help. Pay Transparency The pay transparency law requires employers to report wages across all the following characteristics: Race Gender Position in the company The new law requires HR departments to incorporate consistent protocols that ensure the pay scales used in job ads accurately reflect pay within the company. This includes implementing a system that vets job ads for legal compliance prior to publishing. Part of the process involves maintaining records of job ads for the period of time required by the law and documenting the pay history for each employee throughout their tenure – keeping the records for at least three years after employment ends. Salary Negotiations It remains unclear whether the pay transparency law will directly affect salary negotiations for job applicants. While employers are required to set a pay range and to provide prospective employees with a basic idea of what a position is likely to pay, the size of the range itself can be significant. It’s important to also point out that employers are already barred from... --- > Employers may require doctor's notes for absences using sick time, but the rules vary. Learn what your rights are and what to do if you're facing trouble by speaking with a top employment lawyer in Bay Area. - Published: 2023-05-28 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/can-my-employer-request-a-doctors-note-for-taking-time-off/ - Categories: Benefits, California Family Rights Act, Family and Medical Leave Act - Tags: employee rights, employment contract, San Francisco Employment Attorney, San Francisco labor lawyer The matter of whether or not an employer can require an employee to provide a doctor’s note before being allowed time off is complicated. Requesting confirmation that an employee is actually sick is common, and many employers continue to engage in the practice. This makes a better understanding of the rights afforded to employees – and the limitations that apply in relation to requests for illness confirmation – important. Asked to provide a doctor’s note? An experienced San Francisco labor and employment attorney can help. Requiring a Doctor’s Note The matter of whether it’s legal to require a doctor’s note in order to take sick leave is murky. Laws on the matter in California are unsettled, and the fact that some employers continue to embrace the practice makes things that much more challenging. The most important note to make here is that employers are not strictly forbidden from demanding doctor notes before okaying sick time, and doing so is a fairly common practice. What Employers Can’t Do In California, employers cannot deny employees the right to use the sick days they’ve accrued. Further, employers cannot retaliate against employees for attempting to use their accrued sick days. The law confirms that employees must be allowed to use accrued sick days in response to oral or written requests for any of the following: For diagnosis of, care for, or treatment of an employee or close family member’s existing health condition For preventative care on the part of an employee or close family... --- > It's important to understand your legal rights as an employee when it comes to being asked to break the law. A lawyer can advise what to do if you're facing this situation and how to protect yourself. - Published: 2023-05-16 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/can-an-employee-be-forced-into-breaking-a-law-at-work/ - Categories: Lawsuits against Your Employer, Unlawful Termination, Whistleblower - Tags: CA employment law, protection for whistleblowers, unlawful firing, Whistleblower, wrongful termination lawyer Employers who force a worker into breaking the law, whether for personal interest or gain, may use their authority to take advantage of an employee’s subordinate position. However, an employee still is subject to criminal prosecution even if they feel they have no other choice. Employees cannot be forced into breaking the law, as the whistleblower statutes offer employees protection. Public policy in California allows employees to notify law enforcement or government authorities about unlawful workplace activities. Reporting may also extend to a supervisor or an employee who is authorized to review a violation. Employees enjoy this privilege under the state’s Labor Code, section 1102. 5. Whistleblower laws protect the public at large and help in regulating industries such as aviation and trucking. They protect the environment as well as the economy. How Whistleblower Laws Protect Workers and What May Happen Because whistleblower laws are designed to safeguard workers, employees are encouraged to inform employers if a supervisor or employee is involved in unlawful activities. Also, due to the protection the law provides, employees are protected from being terminated if they report unethical activities or if they choose to take part in a related investigation. However, to acquire protection, the worker may have to report misconduct to a supervisor, governmental agency, or another employee who has authority to investigate, discover, or correct the misconduct. If the employee does not follow this mandate, they may or may not receive protection. Also, the law may require an agency to investigate and determine... --- > Taking legal action against your employer can be a big decision with various consequences. Learn about the key factors to weigh from an experienced employment attorney near San Mateo before you act. - Published: 2023-05-14 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/things-to-consider-before-taking-legal-action-against-your-employer/ - Categories: Compensation Issues, Discrimination, Harassment, Lawsuits against Your Employer - Tags: Alameda employment lawyer, employment attorney, Lawsuits against your Employer, suing your employer When an employee is discriminated against, harassed, or retaliated against on the job, it can lead to considerable challenges that can prove both financially and emotionally challenging. When an employee finally decides that enough is enough and is ready to address the matter legally, there are several issues that need to be taken into careful consideration prior to doing so. One of the most important first steps any employee who has been discriminated against on the job can take is reaching out for the professional legal counsel of an experienced San Francisco labor and employment attorney. Consider the Underlying Cause California had some of the most comprehensive labor laws in the country – offering employees some of the broadest protections. When an employee’s rights are violated, compensation for related losses can be sought in relation to all the following: Discrimination based on a protected characteristic Harassment Retaliation for speaking out against unlawful discrimination or harassment Unpaid wages Wrongful termination Consider the Grounds of the Claim Employees generally recognize when they’re being mistreated on the job, but it’s important to establish the grounds of the claim in question, which can include any of the following: Discrimination based on age Discrimination based on sex, including pregnancy and pregnancy-related issues Retaliation for bringing attention to the matter of discrimination Discrimination based on marital status Discrimination based on sex or gender, or gender identity Sexual harassment Discrimination based on the federal Family Medical Leave Act or on the California Family Rights Act (CFRA) Discrimination... --- > If you believe you have been wrongfully demoted, it's important to take action. This guide will help you understand your options and provide tips for how to properly handle the situation. - Published: 2023-05-03 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/how-to-properly-handle-a-wrongful-demotion/ - Categories: Classifications of Employment, Employee Agreements, Lawsuits against Your Employer, Unlawful Termination - Tags: employment agreements, unlawful demotion, unlawful retaliation, wrongful demotion When a wrongful demotion occurs, it typically represents retaliation - an employer’s revenge for an employment complaint that involved whistleblowing or was based on harassment. If an employee is unfairly demoted, they should contact a lawyer before filing a claim or talking to a Human Resources representative. At-Will Demotions If the employer-employee relationship is at-will, or the employment relationship does not depend on a contract, an employer can demote or terminate an employer for a variety of reasons - as long as their reason for the demotion is not retaliatory or discriminatory in nature. For example, if an employee does not perform their job as requested, is frequently late or absent, or endangers workers in the company, the employer can demote or fire the employee. Nevertheless, the situation may become complicated, as an employer, by law, can change the job duties of an employee or their position or even reduce their pay. This may be done through a company reorganization. The Safety Net Provided by Employment Contracts Employees who have signed employment agreements usually can avoid demotion unless specific stipulations in the contract apply. If a demotion occurs, in this situation, the employee may appeal the decision. Certain terms and conditions in an employment contract should be clearly outlined to prevent this type of internal dispute from taking place. It is normally unlawful for an employer to demote an employee if the action changes the terms of an employment agreement. This activity may constitute a breach of the contract. This... --- > If you need help with a denied leave request at work, speak with a California employment lawyer today. - Published: 2023-04-25 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-employees-should-know-about-expanded-family-and-sick-leave-under-ab-1041/ - Categories: California Family Rights Act, Family and Medical Leave Act, Leave of Absence - Tags: FMLA, Leave of Absence, Paid Sick Leave, sick leave attorney The California Family Rights Act (CFRA) permits eligible employees to take protected leave to care for certain family members. Until recently, this benefit only applied when the employee was caring for a close relative. But thanks to new legislation, many employees can now take protected leave to care for family members previously not covered by the law, as well as non-relatives. While this expansion of leave rights is certainly good for employees, understanding California’s ever-evolving employment laws can be difficult for workers. At Minnis & Smallets, our employment attorneys are available to help workers in the Bay Area and throughout California better understand their rights and take appropriate action when those rights are violated. Changes to Family Leave Under AB 1041 Under CFRA, eligible employees of a California business with five or more employees are permitted up to 12 weeks of job-protected leave to care for a child, parent, parent-in-law, grandchild, grandparent, sibling, spouse, or domestic partner who has a serious health condition. In September 2022, California lawmakers passed Assembly Bill 1041 (AB 1041), which was enacted on January 1, 2023. AB 1041 expanded family leave rights to include caring for a “designated person. ” Under CFRA and the new law, a “designated person” is defined as “any individual related by blood or whose association with the employee is the equivalent of a family relationship. ” Employees are not required to designate the person in advance and can identify the individual needing care at the time they request leave. Employers... --- > Employment discrimination can take on many forms. Employees who experience these actions should consult with an experienced San Francisco discrimination attorney. - Published: 2023-04-05 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/common-forms-of-employment-discrimination/ - Categories: Discrimination - Tags: discrimination lawyer, employment discrimination, San Francisco discrimination attorneys There are numerous state and federal laws that protect California workers from employment discrimination. Employment discrimination and other employment law issues are serious as they often negatively impact the lives of those employees who depend on their jobs. Discrimination in the workplace can take many forms. Under both state and federal law, it is illegal to discriminate against workers based on various personal characteristics, many of which are described below. This is not an exhaustive list, and workers who believe they have experienced discrimination should discuss their case with a knowledgeable employment discrimination attorney. Age Discrimination In California and all throughout the United States, employers cannot discriminate against potential or current employees based on their age. This arises in cases where, for example, a younger employee receives a raise or promotion instead of an older employee with better qualifications, or when a disproportionate number of individuals over the age of 40 are selected for a layoff. Gender Discrimination Gender discrimination occurs when a person is treated differently on the basis of their gender in the way of employment, a promotion, or other work-related benefits. For example, if a woman and a man are both working toward the same job or promotion and the man who is less qualified gets the job or promotion without any reasonable explanation other than gender bias, this may be a case of gender discrimination. In addition, under California law, employers are prohibited from discriminating on the basis of gender identity and expression, or gender roles... --- - Published: 2023-04-04 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/signed-sealed-delivered-authenticating-arbitration-agreements/ - Categories: Attorney Advice, Employee Agreements Associate Attorney Evan Ettinghoff wrote an article that was published in the San Francisco Bar Association Magazine. Read the full article here. At Minnis & Smallets LLP, we believe in giving employees living and working in California the best advice and support when it comes to their employment law needs. --- > Many people work on commission, and you should always know how much commission you should receive and when. If your employer violates your agreement, call a California wage attorney. - Published: 2023-03-21 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/commission-payments-what-employees-need-to-know/ - Categories: Compensation Issues, Wage & Hour - Tags: commissions for sales, employee commissions, Oakland employment lawyer, payment of commission, wage and hour laws Commission-only pay refers to how some California sales personnel get paid for their work or services. In a commission-only arrangement, you earn a commission or a set amount of money when you make a sale. The amount of the commission is determined based on the quantity or the value of the items sold. California only permits this setup for sales employment. Getting paid on commission means there is an amount of money that a person earns when they sell something. Earnings, therefore, depend on the amount or value of the sales that person makes. Generally, California law says employers must pay commissions at least twice per month, and workers must receive any unpaid commissions when terminated. Working on commission is an alternative to hourly wages, getting paid a salary, a combination of salary and hours, or receiving a regular pay rate. Your commission agreement – setting forth the detailed terms of your relationship with the employer – should include the specific terms of your commission-only payment arrangements. Some of the terms you should include are the following: How the commission gets calculated When the employer must pay a commission by The time when a commission is deemed to have been earned Some sales employees get commissions and wages. They usually work for minimum wage for the total number of hours they work, get overtime pay, and are entitled to meal and rest breaks. It is, however, possible for a commission-only employee to be deemed an exempt employee. In that case,... --- > Some employers will fire employees while they are on medical leave in violation of the law. If you think your employer violated your rights, consult with a California employment attorney today. - Published: 2023-03-14 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/can-i-be-fired-while-on-medical-leave/ - Categories: California Family Rights Act, Family and Medical Leave Act, Leave of Absence, Unlawful Termination, Wrongful Termination - Tags: FMLA, FMLA lawyer San Francisco, medical leave, San Francisco Employment Attorney Most employment in the United States is “at-will” employment. This term means that you can quit any time you like and that your employer can terminate your employment anytime for any legal reason. In other words, the answer to this question depends on the kind of medical leave you are on and the statutory protections it provides to you. Always speak with a California employment attorney. Protections Under the Law Federal Family and Medical Leave Act – Under the FMLA, you are entitled to up to 12 weeks of unpaid leave for your own serious health condition or that of a close relative. However, FMLA only applies to workers employed at businesses with 50 or more regular employees within 75 miles of each other. The employee must have worked at that business for at least one year for a minimum of 1,250 work hours in the previous year to qualify for coverage under FMLA. If you work at a covered business and you meet the qualifications for FMLA, you are entitled to a leave of absence. You should, if possible, provide your employer with 30 days prior notice or as much notice as practicable. If you do all of these, you may take 12 weeks of unpaid leave, at the end of which you are entitled to your old or an equivalent job. Even then, the employer can still terminate your employment if it has non-discriminatory, non-retaliatory reasons for doing so. An employee who is on FMLA leave may be... --- > While California passed stricter pay transparency requirements for employers, many companies continue to engage in unlawful pay practices. Speak with a California employment attorney. - Published: 2023-03-07 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/your-rights-under-californias-new-pay-transparency-law/ - Categories: Classifications of Employment, Compensation Issues, Employee Agreements, Wage & Hour - Tags: compensation issues, new employment laws, pay scale report, wage and hour lawyer Effective January 1, 2023, California employers will have to begin disclosing page scales to current employees and put them in job advertisements. They will also be subject to additional new reporting requirements to the California Civil Rights Department (CRD). The increased data reporting begins with the May 10, 2023, Pay Data Report for 2022 information. Under the new law, employers must file pay data reports which include the following: Within each job category, employers must report the median and mean hourly rate separated by each combination of race, ethnicity, and sex. Reports will be due annually on the second Wednesday of May. The first report is due on May 10, 2023, to report the calendar year 2022 pay data. Employers with multiple locations are no longer required to submit a consolidated report. These employers must continue to submit a report for each location, however. Employers with 100 or more employees hired through labor contractors have a new obligation to produce data on pay, hours worked, race/ethnicity, and gender information in a separate report. The law requires labor contractors to “supply all necessary payment data to the private employer,” but does not contain a separate mandate for the labor contractors to collect the “necessary pay data,” nor does it define the data required or address issues concerning the timing of these disclosures. The law does allow courts to apportion an “appropriate amount” of any penalties to any labor contractor who failed to timely provide required pay data to the employer. Employers... --- > As a freelancer, companies can take advantage of you and violate your rights. If you believe this has happened to you, always consult with a San Francisco employment attorney immediately. - Published: 2023-02-28 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-are-my-employment-rights-as-a-freelancer/ - Categories: Employee Agreements, Lawsuits against Your Employer - Tags: employment lawyer, freelance rights, independent contractor There are about 70 million freelancers in the United States, many of whom are in California. Google now has more freelancers than full-time employees, and many companies are following suit. Freelancers enjoy the freedom of making their own schedules, working remotely, and often taking on several projects at once to supplement income. However, how does the law protect freelancers? While freelancers enjoy many benefits, they also may have fewer protections under the law. Anyone with legal concerns should speak with a San Francisco employment lawyer right away, Freelancers in California The whole point of being a freelance or independent contractor is that you are not an employee. You are usually a temporary worker, hired probably by the project, and can come and go with no additional obligations on either side once a project is completed and paid. Although it is not always required, an independent contractor will often sign a contract laying out the terms of the relationship for the project or term. It defines the work performed, the ownership of the work (i. e. , in cases of intellectual property), and the payment terms for the contract and will state the relationship between the parties expressly. Independent contractors do have the right to work and the right to choose the work they do. While an employee has to undertake virtually any task assigned, an independent contractor can say no to any given project offered. This aspect of being an independent contractor allows the individual to exercise far greater control... --- > Both federal and state laws protect employees from workplace discrimination based on sex, sexual orientation, and related factors. If you experienced discrimination, contact an employment attorney in Bay Area. - Published: 2023-02-04 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/responding-to-sexual-orientation-discrimination/ - Categories: Discrimination, Lawsuits against Your Employer - Tags: discrimination lawyer, employment discrimination CA, San Francisco discrimination attorneys, Sexual Orientation Discrimination As one of the most progressive states in the nation, it should come as no surprise that employers in California cannot discriminate based on sexual orientation. If someone feels that an employer or prospective employer has discriminated against them based on sexual orientation (or perceived sexual orientation), an attorney from Minnis & Smallets Employment Attorneys will work to get compensation for any damages the affected party has suffered. What Qualifies as Sexual Orientation Discrimination in California? Employers cannot discriminate based on sexual orientation in any manner, including in: Hiring decisions Firing decisions Promotion decisions The disbursement of bonuses The allocation of shifts or hours Being passed over for a job or promotion, terminated, or otherwise harmed because of discrimination based on sexual orientation, can be grounds for a lawsuit. Are Employees in California Protected by Law from Sexual Orientation Discrimination? Yes. California’s Fair Employment and Housing Act (FEHA) explicitly prohibits discrimination based on sexual orientation. This Act also prohibits employment discrimination on the basis of other protected classes, and is the basis for many lawsuits alleging discrimination by employers. How to Respond to Sexual Orientation Discrimination Victims of employment discrimination based on sexual orientation may suffer several damages, including: Loss of income Loss of earning power Loss of reputation Emotional and psychological distress Depending on the circumstances of the discrimination, damages could range well beyond these. For instance, someone who is fired in a discriminatory manner may lose their home, be unable to support loved ones, and suffer various other... --- > Many employers engage in disability discrimination by failing to provide reasonable accommodations for employees. If this happened to you, contact a California employment lawyer. - Published: 2022-12-05 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/are-employers-required-to-provide-accommodations-for-mental-health-issues/ - Categories: Discrimination, Fair Employment & Housing Act, Lawsuits against Your Employer - Tags: ADA, disability discrimination, disabled employees, Reasonable Accommodations The California Fair Employment and Housing Act (FEHA) and Americans with Disabilities Act (ADA) require employers to provide reasonable accommodations for employees with disabilities. Many employers often think of physical disabilities when it comes to this requirement. However, often employees have mental health conditions that limit their ability to work. Like with physical disabilities, the same reasonable accommodations apply to mental health conditions. The employment attorneys at Minnis & Smallets can help you request reasonable accommodation or file a lawsuit if you are retaliated against for requesting a reasonable accommodation. What Are Reasonable Accommodations? The ADA defines reasonable accommodations as adjustments to a workplace that make it possible for disabled employees to perform their job duties. These accommodations may include an altered break or work schedules, a quiet office space, or devices that encourage a quiet work environment for employees with mental health conditions. Telework may be another reasonable accommodation offered to employees with mental health conditions. The mental health condition that the employee has must limit their ability to work or do any other major life activity. That does not mean that the condition has to be permanent or severe. But there must be proof that the condition affects your ability to work or perform your job duties. Even if symptoms are sporadic, there must still be difficulty with performing activities while the symptoms are present. Benefits Of Reasonable Accommodations Some employers have the wrong attitude regarding providing reasonable accommodations for their employees. They see them as a hindrance... --- > California has many laws that protect whistleblowers, who are employees that report unlawful conduct of companies. If you are in this position, consult with a California employment lawyer. - Published: 2022-11-22 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-should-i-do-if-i-suspect-my-employer-is-conducting-illegal-activity/ - Categories: Discrimination, Lawsuits against Your Employer, Whistleblower - Tags: hostile work environment, retaliation lawyer, San Francisco Employment Attorney, workplace retaliation Contrary to what some employers believe, they are not untouchable in the workplace. If they are doing something illegal, they can be reprimanded and held liable. You may be exposed to some illegal activity that your employer is doing. What do you do if you suspect your employer of doing something illegal? What if it turns out you’re wrong? What would be the best way to proceed in this case? Let an employment lawyer from Minnis & Smallets review your case and provide the proper legal assistance. Gather All Of The Facts Even though your employer could be engaged in illegal activity, you may not know for sure if it violates the law. Before taking any future action, you want to ensure that you have the necessary evidence to back up your claims. This could be documented evidence like witness statements, videotaped evidence, or a detailed incident report. You also want to know the laws your employer is violating or what makes your employer’s actions illegal. Follow The Chain Of Command Before reporting your employer for any suspected illegal behavior, you may want to share your concerns with your human resources department or the next person in the chain of command. Each company has a chain of command to which you can report workplace concerns. After sharing your concerns, the human resources department or the next supervisor should investigate the employer’s actions. If they don’t take your concerns seriously, you may want to consider filing a complaint with a government... --- > Many people must take part in a sexual harassment investigation during their employment, whether they are the victim or not. Always consult with a California employment lawyer. - Published: 2022-11-08 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/workplace-sexual-harassment-investigations-the-typical-process/ - Categories: Harassment, Sexual Harassment - Tags: sexual harassment attorney, workplace harassment, workplace sexual harassment The sexual harassment attorneys at Minnis & Smallets help employees subjected to sexual harassment. When sexual harassment happens at the workplace, it affects all employees. Employers should take immediate corrective action to prevent harassment from continuing and enabling a hostile work environment. When conducting a sexual harassment investigation, employers must react as promptly as possible. The faster the process, the quicker evidence can be collected and resolved. Here is the typical process of a workplace sexual harassment investigation: Raise A Formal Or Informal Complaint Being sexually harassed and having to relive the harassment is difficult. But just remember that as an employee, you have the right to report your harassment without fearing retaliation. You can file your complaint with your supervisor or the HR department. You can also file a complaint with the California Civil Rights Department (CRD) or Equal Employment Opportunity Commission (EEOC), however you should seek legal advice before doing so. Prepare For A Prompt Investigation Following your complaint, an investigation should be launched. Employers are expected to remain impartial throughout the entire process. During the investigation, you have the right to contact the third party to conduct an impartial investigation. You also want to ensure you are not going through the process alone. More than one person should be involved with you during the process, even just acting as a witness. Keep An Organized Investigation File Your employer will maintain a confidential file of your complaint and the entire investigation process. When possible, request copies of different... --- > Some people might give notice to their employers and get fired immediately, and this might be wrongful termination in some situations. Always speak with a California employment attorney. - Published: 2022-10-30 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/fired-after-giving-notice-is-that-wrongful-termination/ - Categories: Employee Agreements, Lawsuits against Your Employer, Leaving Your Employer, Unlawful Termination, Wrongful Termination - Tags: employment attorney San Francisco, unlawful firing, unlawful termination, wrongful termination attorney For some of us, we cannot wait to give our employers that two-week notice. But that moment may not play out the way that we envision it. When you give your employer your two-week notice, you rarely expect them to fire you immediately. That can be considered illegal. Or can it? When you have questions, you should speak to a wrongful termination lawyer from Minnis & Smallets as soon as possible. What Are At-Will Policies? Sometimes, an employer can fire you after you give them your two-week notice. It depends on your employment relationship. Many workers are employed at will. That means the employer can fire them at any time, whether they have a reason or not. As long as the reason is not illegal (i. e. , based on a protected class or action), it is typically legal. However, some employment contracts come with protections that prevent employers from firing their employees after giving notice. Reasons That Employers Will Risk Firing You You might wonder why your employer would fire you if you already gave notice of your departure. There are different reasons. Your employer might want to stop paying you if they know you are leaving. They might want to hire a replacement immediately, and do not want to pay you both during that two weeks. In other situations, an employer might simply be offended that you are quitting, or the employment relationship has soured so much that your employer is ready to end it immediately instead of... --- > Many people experience discrimination in hiring, including based on their criminal history. If an employer violated the law, always seek a consultation with an employment discrimination lawyer. - Published: 2022-10-08 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/is-it-illegal-for-an-employer-to-discriminate-based-on-criminal-history/ - Categories: Discrimination, Employee Agreements, Fair Employment & Housing Act - Tags: discrimination lawyer Bay Area, fair employment act, Oakland employment lawyer, racial discrimination As a general rule, asking applicants about a criminal history before making a conditional job offer is no longer legal. The federal Fair Chance to Compete for Jobs Act is similar to many state and local “ban the box” laws that make asking about a criminal history illegal in most cases. In addition, the Equal Employment Opportunity Commission (EEOC) has taken criminal history discrimination as a form of racial discrimination because of the disproportionate rate of arrests and convictions among such groups. When you get arrested or convicted of a crime, your future employment is probably not the most important thing you’re considering. However, in the future, it can create severe problems for you. Historically, many employers would simply not consider employing someone with an arrest or conviction in their past. As a result of this historical discrimination, many states and cities have recently enacted “ban the box” ordinances which forbid asking about arrests and convictions before extending a conditional offer of employment. Some such statutes prohibit any questions about criminal arrests or convictions unless they can be shown directly related to the job. Thus, for example, applicants for police positions or employment in banks or brokerage firms are prohibited by law from having criminal backgrounds. In these cases, employers who make an employment offer may condition that offer upon meeting the legal qualifications for the position. In California, the Fair Employment and House Act (FEHA) restricts certain employers from making hiring decisions based on an individual’s criminal history. This... --- > Many people pursue legal action against their employers for sexual harassment, and they seek damages for their losses. Always discuss your options with a workplace harassment lawyer. - Published: 2022-09-25 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-damages-can-i-recover-in-a-workplace-sexual-harassment-claim/ - Categories: Harassment, Lawsuits against Your Employer, Sexual Harassment - Tags: Bay Area harassment attorney, sexual harassment, sexual harassment lawyer The United States Equal Employment Opportunity (EEOC) defines sexual harassment as including requests for sexual favors, unwelcome sexual advances, and other kinds of abusive or offensive conduct. However, any unwelcome conduct that is based on sex and creates a hostile, offensive, oppressive, or intimidating work environment can constitute sexual harassment. Making the Claim If you believe you have been sexually harassed at work, seek the help of a sexual harassment attorney. You should keep records about the harassment, including what happened, when, and where. Ask the harasser to stop; ask management to make them stop. If this does not stop the harassment, you may need to file a complaint with a governmental agency such as your state agency or the EEOC before you file a lawsuit. In such a lawsuit, you may recover damages and equitable remedies. Damages Available in Sexual Harassment Claim Sexual harassment claims can result in various types of damages. The damages available include: Back and Front Pay Lost wages include any wages you didn’t receive in the past and wages you should receive in the future. If, for example, your company denied you a promotion, you may be entitled to the increased salary that you should have received and increased wages in the future. These might also include lost benefits or pension contributions, shift bonuses, lost raises, and any other payments for employment that you should have received if the harassment had not occurred. Emotional Distress Damages The least easily calculated damages in a sexual harassment... --- > There are many people who suffer harm or losses due to discriminatory workplace policies, and the law gives employees rights. Always consult with a California discrimination lawyer. - Published: 2022-09-14 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/identifying-discriminatory-workplace-policies/ - Categories: Discrimination, Family and Medical Leave Act, Lawsuits against Your Employer, Unlawful Termination - Tags: Discrimination, discrimination lawyer, workplace discrimination Most people are aware that federal and California state laws forbid discrimination against employees based on their race, color, sex, national origin, religion, disability, age, or genetic information. Not as many people, however, think of how a company’s actual workplace practices could effectively be discriminatory, and you should contact a discrimination attorney when you believe that your employer is engaging in practices that might be discriminatory. Title VII of the Civil Rights Act of 1964 is enforced by the Equal Employment Opportunity Commission (EEOC), and the California Fair Employment and Housing Act (FEHA) is the state law making it unlawful to discriminate. Victims of discrimination often have the right to file a claim with either a state or federal agency depending on the number of employees in their workplace, but it can be complicated to navigate the legal process. Examples of Discriminatory Company Policies Some common examples of workplace policies that may be discriminatory include: Dress Codes and Grooming Standards While companies are allowed to have dress codes and grooming policies, they cannot place bans on any culturally or religiously significant garments, such as headscarves, robe cloths, hijabs, or skullcaps. Such bans may discriminate against an employee’s religion, and grooming standards banning afros, beards, dreadlocks, or braids can also discriminate against an employee’s race or religion. Dress codes and grooming policies can also discriminate based on sex or gender identity when they cause transgender or gender non-conforming employees to dress or groom in a manner contradicting their gender identities. Mandatory... --- > Sexual harassment can come in many forms, and many people do not know whether they were a victim or not. Never hesitate to have a Oakland sexual harassment lawyer evaluate your case. - Published: 2022-08-31 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/what-does-sexual-harassment-look-like-in-the-workplace/ - Categories: Harassment, Lawsuits against Your Employer, Sexual Harassment - Tags: sexual harassment, sexual harassment attorney, sexual harassment in the workplace, workplace sexual harassment When it comes to defining what constitutes sexual harassment, the bottom line is that any conduct creating a hostile, offensive, oppressive, or intimidating work environment can be sexual harassment. When you think that you have been the victim of sexual harassment, be sure to seek the help of a sexual harassment attorney. While professionalism is the hallmark of most successful companies, workplaces have become somewhat looser in their enforcement of certain standards, and some employees or even employers occasionally partake in actions that constitute violations of harassment laws. The United States Equal Employment Opportunity (EEOC) defines sexual harassment as including requests for sexual favors, unwelcome sexual advances, and other kinds of abusive or offensive conduct, but this is far from being a complete list of offending behaviors. Types of Sexual Harassment Sexual harassment can include all of the following behaviors: Unwanted kissing Touching of breasts or genitals Butt slapping Rape Other forms of sexual assault Making sexually explicit comments Uninvited massages Sexually suggestive gestures Catcalls Ogling Cornering an employee in a tight space Repeated compliments of an employee's appearance Sharing sexually inappropriate images or videos Commenting on an employee's attractiveness Talking about sex life in front of employees Displaying sexual images or posters in the workplace Staring in some sexually suggestive or offensive manner Spreading sexual rumors about employees Telling lewd jokes Making sexual anecdotes or innuendos Inappropriate sexual gestures Making sexual comments about an employee's appearance, clothing, or body parts Asking sexual questions Making offensive comments about an employee's... --- > Sometimes, employers can violate the rights of employees regarding their social media activity. If you have concerns about your employer, contact a California employment lawyer today. - Published: 2022-08-06 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/the-dos-and-donts-of-social-media-in-the-workplace/ - Categories: Employee Agreements, Harassment, Unlawful Termination - Tags: Alameda employment lawyer, employee rights, workplace retaliation, workplace rights Social media is everywhere, and its significance can’t be denied. As such, it should not come as much of a surprise that social media has found its way into the workplace. Some employees work directly with social media as part of their job description, while many others have a less direct connection – but nevertheless interact with social media in the course of their work. Social media has a way of getting people into difficult social situations, and social media – as it relates to the workplace – can be especially tricky, which makes a better understanding of the dos and don’ts of social media at work paramount. The Statistics According to Forbes – as of 2020 – almost 3. 7 billion people actively participate in some form of social media, and Facebook (now Meta) alone has 2. 5 billion users. There is no escaping social media, and learning how to navigate its intersection with work is important. Do Know the Office Rules Employees who aren’t sure about their employer’s social media rules and guidelines should ask. Employees often represent the companies they work for when they’re on social media, and having a strong understanding of how the company wants to present itself is key. Further, employees should know whether or not personal social media interaction is allowed on company time and should respect company policies. Do Know that Privacy Is an Illusion Far too many employees run into trouble with their social media activity because they mistakenly believe they... --- > Reporting discrimination can be a stressful matter, as you might fear retaliation from your employer. Never hesitate to discuss the matter with a California discrimination attorney. - Published: 2022-07-24 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/should-you-report-discrimination-you-witness-at-work/ - Categories: Discrimination, Lawsuits against Your Employer - Tags: discrimination lawyer, San Francisco discrimination attorneys, San Francisco Employment Attorney Discrimination on the job is illegal, and it not only harms the employees who are discriminated against but can also lead to a toxic work environment. When employees witness discrimination in the workplace, taking appropriate action is always well advised, and an experienced California discrimination attorney can help. Fear of Retaliation Discrimination at work amounts to singling employees out based on some protected characteristic and treating them differently as a result. When other employees witness this discrimination, they often fear (quite reasonably) that reporting the matter can lead to retaliation (or being singled out themselves). When employers are willing to discriminate against employees, it is not a stretch to think they might also strike back against employees who report the matter. It is important to note, however, that – just as there are strong state and federal laws against discrimination, there are strong laws against retaliation, and dedicated discrimination attorneys are well equipped to skillfully protect the legal rights of employees who pay the price for reporting discrimination. Protected Characteristics Discrimination is not always a straightforward matter – with clearly defined parameters. In fact, discrimination can take many different forms and can be quite bold or very subtle, but it always harms those caught those employees caught up in it – and should be rooted out. In the State of California, all the following are deemed protected characteristics and can lead to discrimination claims: Age (when over the age of 40) Race, skin color, or national origin Sex (including discrimination... --- > There are many complex issues regarding salary negotiations, employment contracts, and other critical aspects of your employment. Speak with a Bay Area employment lawyer today. - Published: 2022-07-14 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/five-best-practices-for-successful-salary-negotiation/ - Categories: Benefits, Compensation Issues, Employee Agreements, Wage & Hour - Tags: employment agreement, employment lawyer, salary agreement, salary negotiations Jobseekers negotiating their pay is not uncommon, and both employees and employers should be able to handle negotiations in a win-win way. Salary negotiation has some perks for employers; it allows an open and transparent path of communication that builds rapport and can reveal what working with employees will be like. It's best to be prepared for negotiations. Read on to find out the steps to have a successful salary negotiation. Negotiation Strategy A survey by Salary. com showed that only 37% of individuals negotiate their salaries—while a shocking 18% never do. Even worse, 44% of the respondents claimed to have never brought up the subject of a raise during their yearly reviews. The reason for not asking for more? Fear of rejection. Salary negotiation can be terrifying. But what's even more frightening is not doing it and missing out on more money. Here's an example: A well-known study done by Linda Babcock for her book "Women Don't Ask" showed that only about 7% of women attempted to negotiate their first salary, while 57% of men did. Of those who negotiated, they could boost their salary by 7%. That may not sound like much cash, but as Stanford negotiation professor Margaret A. Neale says; If you bring home a $100,000 salary and your co-worker negotiates up to $107,000, assuming you're paid the same from then on, with equal raises and promotions, you'd have to work eight more years to be as well-off as them at retirement. So, whether you're male... --- > The Minnis & Smallets LLP team is honored to again be named to the Super Lawyers lists. We continued to be dedicated to using our experience and knowledge to advocate for our clients. If you need a San Francisco employment lawyer, contact us today. - Published: 2022-07-08 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/minnis-smallets-team-named-to-2022-california-super-lawyers-lists/ - Categories: Firm News - Tags: employment law, employment lawyer, San Francisco Employment Attorney, super lawyers The Minnis & Smallets team is dedicated to being strong advocates for employees facing challenging situations within their workplace. We work diligently to provide reliable legal counsel to those whose employment rights have been violated in California. We are honored to share that our hard work and commitment have again been rewarded by Super Lawyers. Partners Sonya Smallets and Aaron Minnis were named to the Top 100 Northern California Super Lawyers list for 2022. Ms. Smallets was also listed as one of the Top 50 Women Northern California Super Lawyers. In addition, in recognition of his excellent work, associate attorney Evan Ettinghoff has been named a 2022 Rising Star. We are extremely proud of these achievements and we will continue to use our passion, experience and knowledge to fight for our clients. If you need a strong California employment lawyer on your side, please get in touch with us today. --- > If you requested family leave and believe that your employer wrongfully denied leave or otherwise violated your rights under the law, consult with a San Francisco employment attorney today. - Published: 2022-07-02 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/can-i-use-protected-leave-benefits-to-care-for-a-parent-in-law/ - Categories: California Family Rights Act, Family and Medical Leave Act, Leave of Absence - Tags: CA employment law, eldercare, FMLA, FMLA Attorney, FMLA leave, parental care Taking care of older parents or elder care by adult children in the workforce is more common than before as individuals retire later in life. The Family and Medical Leave Act (FMLA) allows certain employees who need to take time off from their employment for elder care to care for a seriously ill parent and certain other relatives. However, not all employees are entitled to such leave, and not all employers are required to give such time to workers for elder care and the care of older parents. An eligible worker is entitled to take FMLA leave to care for a person who provided such care to the worker when the worker was a child. Suppose the person stood in loco parentis to the employee while the employee was a child. In that case, the employee might be entitled to take FMLA leave even if they also have a biological, step, foster, or another parent, provided that the in loco parentis relationship existed between the employee and the person when the employee met the FMLA's definition of a "son or daughter. " Under FMLA, "in loco parentis" exists when a person intends to take on the role of a parent. It applies to the type of relationship in which an individual has placed themself in the role of parent by assuming and discharging the duties and obligations of a parent to a child. An "in loco parentis" relationship might exist even if the child had a biological parent. The statute's... --- > There are many risks to signing an employment contract without legal representation. Avoid future effects on your life and career by having a California employment lawyer look over the contract. - Published: 2022-06-01 - Modified: 2026-04-28 - URL: https://www.minnisandsmallets.com/reasons-to-review-an-employment-contract-with-an-attorney/ - Categories: Employee Agreements - Tags: employee contract, employment agreement, employment contract, employment law attorney The Contract Was Drafted By A Lawyer Who’s Not On Your Side The lawyers hired by an employer are there to protect the company’s legal rights - not the employee’s. When they draft contracts, they draft them for the benefit of the employer. This means that an employment contract presented to a prospective employee is already working against their legal interests. Sometimes this is obvious in the major terms of employment (such as pay and benefits). Other times it is far more subtle. Even the most commonplace language can have a legal effect. The only way to adequately protect your legal rights against this inherent bias is to have the contract reviewed by a lawyer who is actually on your side. The Contract Might Restrict What You Can Say And Do - Even After You Are Employed Some employers ask employees to sign confidentiality or anti-disparagement clauses. These terms protect an employer’s legal interests, but they also have the effect of restricting your free speech. Often these terms continue to restrict an employee’s speech even after they have left the job. It is very important to understand how these clauses will restrict you and for how long you will be restricted. A reasonable amount of restraint might be part of your job (especially if you will be handling confidential client data or trade secrets). You should not, however, agree to these terms until you have obtained legal advice from your own lawyer. The Contract Determines How Much Job Security You... --- --- ## City-State > Minnis & Smallets LLP offers dedicated representation and comprehensive legal guidance. Contact our unlawful termination lawyer in Daly City. - Published: 2026-04-19 - Modified: 2026-04-19 - URL: https://www.minnisandsmallets.com/citystate/unlawful-termination-lawyer-daly-city/ Unlawful Termination Lawyer Daly City Losing a job is an upsetting and highly disruptive experience for any professional. When an employer terminates a worker for reasons that violate California law, the situation becomes an unlawful termination. Accomplished executives, distinguished professionals and hard-working salaried employees rely on their careers for stability and professional identity. An unjust firing can strip individuals of their livelihood and create a challenging path forward. Understanding when a termination crosses the line from unfair to unlawful is essential for employees seeking to protect their legal rights. At Minnis & Smallets LLP, our unlawful termination lawyer in Daly City helps workers understand their options when they've been wrongfully fired. Understanding Unlawful Termination in California Most employment relationships in California operate on an at-will basis. This rule means employers possess the right to terminate employees at any time for a good reason, a bad reason or no reason at all. However, state and federal laws strictly prohibit employers from firing workers for protected reasons or in violation of fundamental public policies. A termination becomes unlawful when an employer bases the decision on discriminatory practices or retaliatory motives. Unlawful reasons for a job termination often include the following scenarios: Discrimination based on protected characteristics such as gender, race, disability, religion, age or sexual orientation Retaliation against workers for engaging in protected activities like reporting harassment or acting as a whistleblower Firing individuals for requesting a reasonable accommodation for a disability or religious practice Discharging an employee for taking authorized family... --- > At Minnis & Smallets LLP, our Daly City labor and employment lawyers help workers address workplace discrimination. - Published: 2026-04-12 - Modified: 2026-04-12 - URL: https://www.minnisandsmallets.com/citystate/daly-city-labor-and-employment-lawyers/ Daly City Labor and Employment Lawyers When employers violate labor laws through discrimination or harassment, it can generate a hostile, intimidating atmosphere. Understanding one’s legal rights as an employee is the first step toward achieving a fair resolution. Workers need a dedicated advocate who can step in to hold employers accountable for unlawful behavior. Minnis & Smallets LLP provides experienced representation for accomplished executives, distinguished professionals and hard-working salaried and hourly employees facing significant employment issues. Trust our Daly City labor and employment lawyers for comprehensive legal assistance. Overview of Workplace Discrimination and Harassment State and federal laws protect individuals from unlawful treatment in the workplace. Discrimination occurs when an employer takes adverse action against an employee based on a protected characteristic, while harassment is unwelcome conduct that creates an intimidating or hostile work environment. The experienced attorneys at Minnis & Smallets LLP frequently handle cases involving these severe labor violations. Common protected categories under California law include: Race and national origin Sex, gender or gender identity Disability Age Sexual orientation Pregnancy Employers act unlawfully when they allow bias against any of these groups to influence hiring, firing, promotions or daily workplace interactions. Addressing these issues requires a thorough understanding of the legal landscape governing California workplaces. The Impact of Adverse Employment Actions The consequences of workplace mistreatment extend far beyond the immediate incident. A hostile work environment can deteriorate mental health and reduce a worker's ability to contribute effectively to their team. In severe cases like quid pro quo... --- > At Minnis & Smallets LLP, our Alameda labor and employment lawyers represent employees facing workplace issues. - Published: 2026-03-23 - Modified: 2026-03-23 - URL: https://www.minnisandsmallets.com/citystate/alameda-labor-and-employment-lawyers/ Alameda Labor and Employment Lawyers When workplace issues arise, having knowledgeable legal representation can make all the difference. Minnis & Smallets LLP provides experienced legal counsel to employees who face discrimination, harassment, wrongful termination and other employment-related challenges. Our Alameda labor and employment lawyers work hard to seek favorable outcomes for our clients. What Employees Should Know About Their Legal Protections Employment law encompasses a wide range of protections designed to ensure fair treatment in the workplace. California maintains some of the strongest employee protections in the nation, covering issues such as discrimination based on protected characteristics, harassment, retaliation and wrongful termination. Understanding these protections is essential. Employment disputes can affect not only financial stability but also professional reputation and personal well-being. Whether dealing with unfair treatment, hostile work environments or sudden termination, employees have legal rights that deserve protection. Common Employment Law Issues Employees may encounter various workplace challenges that warrant legal attention: Discrimination: Unlawful treatment based on race, gender, age, disability, sexual orientation, pregnancy, religion or other protected characteristics Harassment: Unwelcome conduct that creates a hostile, intimidating or offensive work environment Wrongful Termination: Termination for unlawful reasons, including discrimination, retaliation or breach of contract Retaliation: Adverse actions taken against employees who report unlawful conduct or exercise their legal rights Leaves of Absence: Denial of family medical leave, pregnancy leave or reasonable accommodations Each of these situations involves complex legal standards and strict deadlines for filing claims. Early consultation with an Alameda labor and employment lawyer can help employees... --- > At Minnis & Smallets LLP, our whistleblower retaliation attorney in San Jose represents employees facing complex legal situations. - Published: 2026-03-16 - Modified: 2026-03-16 - URL: https://www.minnisandsmallets.com/citystate/whistleblower-retaliation-attorney-san-jose/ Whistleblower Retaliation Attorney San Jose Reporting employer misconduct takes courage. When employees observe unlawful activity or safety violations in the workplace, they often face a difficult decision: speak up and risk their career or stay silent. Both California and federal laws protect employees who report wrongdoing, yet whistleblower retaliation remains a serious problem. If an employer has terminated, demoted or otherwise retaliated against an employee for reporting misconduct, legal remedies are available. At Minnis & Smallets LLP, our whistleblower retaliation attorney in San Jose helps brave individuals protect their rights. We offer comprehensive assistance through complex legal situations. Whistleblower Protections in California California Labor Code section 1102. 5 provides strong protections for employees who report violations of state or federal law. Employees are protected when they disclose information to a supervisor, a person with authority to investigate or correct the violation, a government agency or law enforcement. The law also protects employees who refuse to participate in unlawful activities their employer has directed them to perform. Whistleblower protections apply when employees have reasonable cause to believe that their employer has engaged in misconduct, even if an investigation later reveals no wrongdoing. Common examples of protected whistleblowing activity include: Reporting fraudulent billing practices or accounting fraud Disclosing falsified test results or performance data Reporting violations of workplace safety regulations Exposing environmental regulation violations Reporting workplace discrimination, harassment or wage violations Refusing to participate in unlawful conduct Federal laws also protect whistleblowers who report violations of specific regulations related to workplace safety,... --- > Minnis & Smallets LLP is a trusted Bay Area medical leave lawyer dedicated to protecting employee rights. Contact us today for a consultation. - Published: 2026-02-16 - Modified: 2026-02-09 - URL: https://www.minnisandsmallets.com/citystate/bay-area-medical-leave-lawyer/ Bay Area Medical Leave Lawyer Being denied the right to take a necessary leave of absence from work can be a distressing and disruptive experience for any employee. Whether the need for leave arises from a serious personal health condition, the need to care for a family member or the joyous occasion of bonding with a new child, state and federal laws provide specific protections. When an employer refuses to grant these rights or retaliates against an employee for exercising them, it creates significant stress and uncertainty. At Minnis & Smallets LLP, our Bay Area medical leave lawyer is dedicated to helping employees secure the leave they're entitled to. Understanding Medical Leave Rights Employees in California are protected under both the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). These laws generally entitle eligible employees to take up to 12 weeks of unpaid, job-protected leave for specific reasons. This includes an employee's own serious health condition, the serious health problem of a child, parent or spouse, or bonding with a newborn, adopted or foster child. The CFRA further expands these protections to include care for domestic partners, grandparents, grandchildren, siblings and parents-in-law. Despite these legal protections, disputes often arise regarding eligibility and the definition of a "serious health condition. " A serious health condition typically involves: Inpatient care provided in a hospital, hospice or residential medical care facility. Continuing treatment by a health care provider. A period of incapacity of more than three consecutive... --- > Hold employers accountable for denying medical leave with a CFRA attorney in Oakland. Minnis & Smallets LLP is prepared to help. - Published: 2026-02-09 - Modified: 2026-02-09 - URL: https://www.minnisandsmallets.com/citystate/cfra-attorney-oakland/ CFRA Attorney Oakland Life brings unexpected challenges. Whether it is a personal illness, the birth of a child or the declining health of a parent, there are times when work must take a backseat to health and family. California law recognizes this necessity and offers robust protections. However, navigating these laws while facing a personal crisis can feel overwhelming. At Minnis & Smallets LLP, our experienced attorneys help employees understand their rights. Our CFRA attorney in Oakland helps hard-working professionals take the time they need to care for themselves or their loved ones without fear of losing their livelihoods. Understanding the California Family Rights Act The California Family Rights Act (CFRA) is a state law granting eligible employees up to 12 weeks of unpaid, job-protected leave annually. The act is designed to help workers balance their professional responsibilities with family needs, thereby promoting greater economic security and stability. While many employees fear retaliation or termination for requesting leave, the law is clear: employers cannot interfere with one's right to take protected leave. The CFRA protects employees by ensuring their job (or a comparable position) is waiting for them upon their return. Eligibility Requirements for CFRA Leave Not every employee automatically qualifies for CFRA leave. To be eligible, an employee must meet specific criteria established by the state. These requirements include: Duration of Employment: The employee is required to have worked for their current employer for at least 12 months prior to the start of the leave. These months do not... --- > No one should face demotion or mistreatment after taking medical leave. A CFRA retaliation lawyer in San Mateo at Minnis & Smallets LLP can help. - Published: 2026-01-19 - Modified: 2026-01-09 - URL: https://www.minnisandsmallets.com/citystate/cfra-retaliation-lawyer-san-mateo/ CFRA Retaliation Lawyer San Mateo Taking time off to care for a sick family member, bond with a newborn or manage a personal health crisis is a fundamental right under California law. Unfortunately, many workers fear that exercising this right will jeopardize their professional standing. When an employer punishes a worker for taking legally protected leave, it creates a hostile environment and violates state labor laws. Minnis & Smallets LLP has the skills to navigate clients through these difficult employment situations. Our CFRA retaliation lawyer in San Mateo advocates for accomplished executives, distinguished professionals and dedicated salaried and hourly employees who have faced workplace mistreatment, ensuring they are protected when prioritizing their health and family. Understanding Protected Activities Under CFRA The California Family Rights Act (CFRA) allows eligible employees to take job-protected leave for specific family and medical reasons. Retaliation occurs when an employer takes adverse action against an individual specifically because they engaged in these protected activities. Under the CFRA, employees generally have the right to take leave for: Serious Health Conditions: Taking time off to address the employee's own serious health condition that makes them unable to perform their job. Family Care: caring for a family member, such as a spouse, domestic partner, parent, grandparent, grandchild, sibling or child with a serious health condition. Child Bonding: Taking leave within one year of the birth, adoption or foster care placement of a child. What Constitutes Retaliation? Retaliation can manifest in obvious ways, such as immediate termination, but it often... --- > Learn about employee rights under FMLA and CFRA. The experienced attorneys at Minnis & Smallets LLP guide workers through medical leave disputes. - Published: 2026-01-12 - Modified: 2026-01-09 - URL: https://www.minnisandsmallets.com/citystate/san-francisco-medical-leave-attorney/ San Francisco Medical Leave Attorney Dealing with a serious health condition or caring for a sick family member is inherently stressful. During such challenging times, the last thing any worker needs is the added anxiety of potential job loss. Fortunately, state and federal laws provide critical protections designed to secure employment while individuals address urgent health needs. Navigating these statutes can be complex, but understanding the basics of medical leave is essential for protecting a career. The experienced San Francisco medical leave attorney at Minnis & Smallets LLP helps employees understand their rights. Our firm believes everyone deserves personal attention and vigorous representation when facing mistreatment regarding medical leave. Understanding the Framework: FMLA and CFRA Two primary laws govern medical leave in California: the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). While similar in intent, recent changes to state law have made the CFRA significantly more inclusive. Both laws generally allow eligible employees to take up to 12 weeks of unpaid, job-protected leave. This ensures that a worker can step away from their duties to handle a health crisis and return to their position without facing termination or demotion. While FMLA applies to larger employers with 50 or more employees within a 75-mile radius, the CFRA now covers any private employer with five or more employees. This expansion means many more California workers are protected under state law than under federal law. Qualifying Reasons for Leave Medical leave is not intended for minor... --- - Published: 2025-12-23 - Modified: 2025-12-23 - URL: https://www.minnisandsmallets.com/citystate/marin-county-ca/ Sexual Harassment Attorney Gender Discrimination Lawyers Employment Lawyers Wage and Hour Attorney Employment Lawyer Discrimination Lawyer Retaliation Lawyer Sexual Harassment Lawyers Unlawful Termination Lawyer Discrimination Attorney Leaves of Absence Lawyer --- - Published: 2025-12-23 - Modified: 2025-12-23 - URL: https://www.minnisandsmallets.com/citystate/alameda-county-ca/ Sexual Harassment Lawyers Sexual Harassment Lawyers Gender Discrimination Lawyer Employment Discrimination Attorneys Unlawful Termination Lawyers FMLA Lawyer Leave of Absence Attorney Retaliation Lawyer Leave of Absence Lawyer Retaliation Attorney Sex Discrimination Lawyer Sexual Harassment Attorney Pregnancy Discrimination Lawyer --- - Published: 2025-10-27 - Modified: 2025-10-27 - URL: https://www.minnisandsmallets.com/citystate/san-rafael-ca/ Discrimination Lawyer Wrongful Termination Attorney --- - Published: 2025-10-27 - Modified: 2025-10-27 - URL: https://www.minnisandsmallets.com/citystate/alameda-ca/ Whistleblower Retaliation Lawyer Sexual Harassment Attorney Discrimination Lawyer Whistleblower Protection Lawyers Discrimination Lawyer --- - Published: 2025-10-27 - Modified: 2026-02-09 - URL: https://www.minnisandsmallets.com/citystate/oakland-ca/ Pregnancy Discrimination Attorney Employment Discrimination Lawyers Employment Lawyer Whistleblower Retaliation Lawyer Wrongful Termination Attorneys Employment Law Firms Sexual Harassment Attorney Discrimination Attorneys Unlawful Termination Lawyers FMLA Discrimination Lawyer Sexual Harassment Attorneys Sex Discrimination Lawyers Sexual Harassment Lawyer Wrongful Termination Attorney Retaliation Attorney Disability Discrimination Attorney Wrongful Termination Lawyer Employment Discrimination Lawyer Harassment Attorney Leave of Absence Lawyer Retaliation Lawyer Sexual Discrimination Lawyer Unlawful Termination Lawyer Pregnancy Leave Claim Lawyer Sexual Harassment Attorney CFRA Attorney --- - Published: 2025-10-27 - Modified: 2026-01-09 - URL: https://www.minnisandsmallets.com/citystate/san-francisco-ca/ Workplace Discrimination Attorneys Employment Discrimination Lawyers Employment Law Attorney Wrongful Termination Lawyers Labor Attorneys Sexual Harassment Lawyer Whistleblower Retaliation Lawyer Pregnancy Discrimination Lawyers Employment Lawyers Employment Discrimination Attorney CFRA Rights Lawyers Workplace Sexual Harassment Lawyer FMLA Attorneys FMLA Lawyer Workplace Discrimination Attorney Whistleblower Retaliation Attorney Employment Law Firms Wrongful Termination Attorneys Sexual Harassment Lawyer Sexual Harassment Attorneys Wrongful Termination Attorney Contract Review Lawyer FMLA Attorneys FMLA Attorney Whistleblower Lawyer Pregnancy Discrimination Lawyer Sexual Harassment Attorney Gender Discrimination Lawyers Labor Lawyer Harassment Attorneys Labor Attorney Gender Harassment Attorneys Sexual Harassment Attorneys Harassment Attorneys Gender Discrimination Attorneys Discrimination Attorneys Sexual Harassment Lawyer Workplace Harassment Attorney Discrimination Lawyers CFRA Attorney Gender Discrimination Attorneys FMLA Attorneys Employment Attorneys Discrimination Lawyers Harassment Lawyers Maternity Leave Attorneys Whistleblower Lawyer Pregnancy Discrimination Attorneys Sex Harassment Lawyers Unlawful Termination Attorney FMLA Attorney CFRA Lawyers Lawyers for Women in Tech Whistleblower Retaliation Attorney Workplace Harassment Lawyer Gender Discrimination Lawyer Sexual Harassment Attorney FMLA Discrimination Attorneys Employment Discrimination Lawyer Gender Discrimination Attorney Pregnancy Discrimination Lawyers Workplace Discrimination Lawyer Wrongful Termination Lawyers Unlawful Termination Lawyer Employment Lawyers Sexual Harassment Lawyer Sexual Harassment Attorney Pregnancy Discrimination Lawyer Discrimination Attorneys FMLA Lawyers Disability Discrimination Attorneys Pregnancy Discrimination Attorney Sexual Harassment Lawyers Retaliation Lawyers Leave of Absence Attorneys Harassment Leaves of Absence Attorney Retaliation Attorneys Medical Leave Attorney --- - Published: 2025-10-27 - Modified: 2025-10-27 - URL: https://www.minnisandsmallets.com/citystate/palo-alto-ca/ Wrongful Termination Attorney Sexual Harassment Attorney Employment Law Attorney Labor and Employment Attorneys Lawyers for Women in Tech Discrimination Lawyers Sexual Harassment Lawyer --- - Published: 2025-10-27 - Modified: 2025-10-27 - URL: https://www.minnisandsmallets.com/citystate/mountain-view-ca/ Sexual Harassment Attorney Sexual Harassment Attorney --- - Published: 2025-10-27 - Modified: 2026-01-09 - URL: https://www.minnisandsmallets.com/citystate/san-mateo-ca/ Gender Discrimination Lawyers Workplace Retaliation Attorneys Discrimination Lawyers Sexual Harassment Lawyer Employment Lawyers Discrimination Lawyers Labor Attorneys Labor and Employment Attorneys Labor Attorney Sexual Harassment Lawyer Labor Lawyer Discrimination Lawyer Employment Law Firm Employment Law Attorneys Sexual Harassment Attorney Employment Law Attorney FMLA Attorney Labor and Employment Lawyers Employment Law Attorney Wage and Hour Attorney Labor and Employment Lawyer FMLA Lawyer Medical Leave Attorneys Discrimination Attorney Labor and Employment Lawyer Wage and Hour Attorney CFRA Retaliation Lawyer --- - Published: 2025-10-27 - Modified: 2025-10-27 - URL: https://www.minnisandsmallets.com/citystate/san-jose-ca/ Medical Leave Attorneys Employment Discrimination Attorney Wage and Hour Lawyer FMLA Discrimination Lawyers Wrongful Termination Lawyer Sexual Harassment Attorneys Wrongful Termination Lawyers Retaliation Attorneys Discrimination Attorneys Pregnancy Discrimination Lawyer Sexual Harassment Lawyer --- > Find trusted FMLA attorneys at Minnis & Smallets LLP. Serving the Bay Area, the firm helps employees protect their family and medical leave rights. Contact us today! - Published: 2025-07-22 - Modified: 2025-07-18 - URL: https://www.minnisandsmallets.com/citystate/bay-area-fmla-attorney/ Bay Area FMLA Attorney Employment situations involving family and medical leave can be complicated, especially for employees who face resistance from their employers or are unsure of their rights. These challenges can disrupt not only an employee's professional life but also their personal well-being. When questions or conflicts arise regarding entitlements under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), addressing these issues promptly and effectively is critical. The Bay Area FMLA attorney at Minnis & Smallets LLP offers strategic representation in complex employment cases. Family and Medical Leave Rights in California State and federal laws, such as the FMLA and CFRA, grant eligible employees the right to take unpaid, job-protected leave for specific family and medical reasons. These laws allow employees to care for their families or manage personal health issues without facing workplace retaliation or discrimination. However, many individuals face roadblocks when seeking to exercise these rights, such as being denied leave, losing their job after taking leave or being penalized for requesting time off. For an employee to qualify for leave under the FMLA or CFRA, certain conditions must be met, such as having worked for their employer for at least 12 months and meeting a specified number of work hours. Additionally, the reasons for taking leave must align with those outlined by the law, such as: Managing a serious health condition affecting the employee, their spouse, child or parent. Bonding with a newborn child or a newly adopted or fostered... --- > Minnis & Smallets LLP offers trusted San Francisco workplace discrimination attorneys. Contact us today for professional guidance. - Published: 2025-06-18 - Modified: 2025-06-18 - URL: https://www.minnisandsmallets.com/citystate/san-francisco-workplace-discrimination-attorneys/ San Francisco Workplace Discrimination Attorneys Workplace discrimination is a troubling issue that can cause significant emotional and financial stress for employees. Discrimination occurs when an employee is treated unfairly or unfavorably because of their membership in a protected class. Unfortunately, such actions have a negative impact on employees' professional growth, job satisfaction and mental health. Laws at both the state and federal levels, including the California Fair Employment and Housing Act (FEHA) and the Civil Rights Act, protect employees from discriminatory practices. Yet, navigating the complexities of these laws can be overwhelming without proper guidance. The San Francisco workplace discrimination attorneys at Minnis & Smallets LLP support clients through difficult situations. Recognizing the Impact of Workplace Discrimination Being subjected to workplace discrimination can affect multiple aspects of an employee's life. The immediate impacts often include humiliation, emotional distress and a sense of injustice. Over time, these experiences may lead to anxiety, depression or difficulty advancing one’s career. Adverse employment actions resulting from discrimination can include termination, demotion, being overlooked for promotions, unwanted transfers or even a recruitment process that excludes qualified individuals based on protected characteristics. These actions harm not only employees but also the overall morale and inclusivity of the workplace. When faced with this situation, employees may feel uncertain about taking action due to fear of retaliation or uncertainty about their rights. It is essential to remind employees that the law prohibits employers from retaliating against those who file legitimate complaints about discriminatory practices. The Role of an... --- > The experienced Alameda whistleblower retaliation lawyer at Minnis and Smallets LLP is here to help employees stand up to workplace retaliation. - Published: 2025-06-18 - Modified: 2025-06-18 - URL: https://www.minnisandsmallets.com/citystate/alameda-whistleblower-retaliation-lawyer/ Alameda Whistleblower Retaliation Lawyer Experiencing retaliation in the workplace after reporting misconduct is a challenging and emotionally taxing situation. For employees who witness unethical or unlawful activities at work and decide to come forward, whistleblower protections exist to shield them from employer retaliation. However, navigating these protections can be complex. An Alameda whistleblower retaliation lawyer offers comprehensive representation for employees. Minnis & Smallets LLP assists whistleblowers in pursuing compensation when they have been unlawfully terminated. Understanding Whistleblower Retaliation Whistleblowing involves reporting unlawful or unethical activities within the workplace, such as fraudulent practices, safety violations, discrimination or harassment. California and federal laws protect employees who choose to report these activities to supervisors, government agencies or law enforcement. These laws ensure that employees are not punished or retaliated against for coming forward. Unfortunately, retaliation against whistleblowers is not uncommon. It can take many forms, including wrongful termination, demotion or harassment. Such actions not only harm the individual employee but also deter others from speaking out against unlawful practices, allowing misconduct to persist. The Impacts of Retaliation Retaliation can deeply impact an employee’s professional and personal life. Loss of employment or career progression can create financial strain, while workplace harassment can lead to emotional distress. Additionally, an employee’s professional reputation may suffer, potentially impacting future job opportunities. Whistleblowers often face the daunting task of fighting powerful employers or corporations, making the process even more overwhelming. This dynamic underscores the importance of legal representation to ensure that the whistleblower’s rights are protected and justice... --- > Experienced Palo Alto wrongful termination attorneys at Minnis & Smallets LLP help employees protect their rights following retaliation. - Published: 2025-05-02 - Modified: 2025-05-02 - URL: https://www.minnisandsmallets.com/citystate/palo-alto-wrongful-termination-attorney/ Palo Alto Wrongful Termination Attorney Losing a job can be one of the most distressing experiences in someone’s life, particularly when the termination feels unjust or potentially unlawful. Wrongful termination not only impacts financial stability but can also affect mental and emotional well-being. Understanding legal rights and pursuing rightful claims can be crucial in navigating such a challenging situation. Employees can seek guidance from a knowledgeable Palo Alto wrongful termination attorney at Minnis & Smallets LLP. What Constitutes Wrongful Termination? Employment in California is generally classified as "at-will," meaning that employers have the right to terminate an employee at any time, for any reason, or even without a reason. However, this does not allow employers to act unlawfully. Wrongful termination occurs when an employer violates employment laws, such as firing an employee for discriminatory reasons, retaliating against them for whistleblowing or breaking agreed-upon employment contracts. For example, terminations based on gender, race, disability or pregnancy are forms of discrimination prohibited under state and federal laws. Similarly, retaliation against employees for exercising rights such as reporting inappropriate workplace behavior, requesting medical leave or seeking reasonable accommodations is strictly unlawful. Employees who have been terminated because of these or other legally protected activities may be eligible to file a wrongful termination claim. The Impact of a Wrongful Termination The consequences of wrongful termination often extend beyond the loss of income. Most employees feel a sense of betrayal and a lack of closure after being mistreated by their employer. The burden of finding... --- > Minnis & Smallets LLP provides trusted legal support from experienced gender discrimination lawyers in San Mateo. - Published: 2025-05-02 - Modified: 2025-05-02 - URL: https://www.minnisandsmallets.com/citystate/gender-discrimination-lawyers-san-mateo/ Gender Discrimination Lawyers San Mateo Gender discrimination in the workplace remains an issue that impacts employees across industries, often leaving lasting emotional and professional consequences. Navigating these challenges can feel isolating and overwhelming, especially when unfair treatment affects an individual’s financial stability, career prospects and self-esteem. Employees who have experienced gender discrimination should turn to gender discrimination lawyers in San Mateo. Minnis & Smallets LLP offers dependable advocacy throughout the process. Recognizing the Reality of Gender Discrimination Unfair treatment based on gender takes many forms and can occur at any stage of the employment process. Whether employees are denied promotions, receive unequal pay or face harassing comments creating a hostile work environment, gender discrimination can manifest in various ways. At times, it may be overt, such as workplace policies that favor one gender, or more subtle, like being excluded from networking opportunities essential for career growth. Federal laws, including Title VII of the Civil Rights Act of 1964, and California’s own Fair Employment and Housing Act (FEHA) prohibit gender-based discrimination. These protections apply to hiring, promotions, compensation, training opportunities and termination. Despite these legal safeguards, this type of unfair treatment continues to affect many employees. The Emotional and Professional Toll of Discrimination Gender discrimination doesn’t just affect day-to-day work; it can undermine professional confidence and career growth while leaving employees to endure undue stress. Career advancement may be stalled, livelihoods jeopardized and emotional well-being compromised. Workplace environments where gender discrimination persists can lead to decreased job satisfaction while fostering feelings... --- > Minnis & Smallets LLP provides skilled legal representation. Our employment discrimination lawyers in San Francisco advocate for workers who have been mistreated. - Published: 2025-04-04 - Modified: 2025-04-04 - URL: https://www.minnisandsmallets.com/citystate/employment-discrimination-lawyers-san-francisco/ Employment Discrimination Lawyers San Francisco Discrimination in the workplace can be a devastating experience. The emotional, financial and professional toll can feel overwhelming for affected employees. Our team at Minnis & Smallets LLP is dedicated to supporting employees who have been subjected to unlawful treatment in the workplace. Trust our employment discrimination lawyers in San Francisco for quality legal representation. Understanding Employment Discrimination Employment discrimination involves being treated unfairly or unfavorably in the workplace due to membership in a legally protected class. Laws at both the federal and California state levels safeguard employees from such unlawful behavior. Actions that could qualify as discrimination include termination, demotion, refusing promotions, pay reductions or creating hostile work environments for specific groups. For an employee to successfully claim workplace discrimination, it must be proven that the adverse employment action was directly tied to their protected characteristics, such as their race, gender or disability. Though employees may believe they were mistreated, having the guidance of a legal professional is critical in determining if the behavior meets the legal definition of discrimination. The Impacts of Workplace Discrimination The effects of employment discrimination can permeate every aspect of a person’s life. Professionally, it can hinder opportunities for career growth, reduce income and harm reputations. On a personal level, it can lead to stress, anxiety and a loss of self-confidence. Discrimination also fosters a toxic work environment, not only affecting the individual but their colleagues as well. Workplace discrimination is a violation of law, and employees who endure... --- > At Minnis & Smallets LLP, our Oakland pregnancy discrimination attorney protects workers’ rights. Contact us today to explore legal options. - Published: 2025-04-04 - Modified: 2025-04-04 - URL: https://www.minnisandsmallets.com/citystate/oakland-pregnancy-discrimination-attorney/ Oakland Pregnancy Discrimination Attorney Discrimination in the workplace can have lasting impacts, both personally and professionally, especially when it’s related to pregnancy. Employees dealing with pregnancy discrimination face unique challenges, such as unfair treatment, stress related to job security and denied benefits, which can be immensely upsetting during such a significant time in life. During these challenging times, an Oakland pregnancy discrimination attorney offers clarity. Minnis & Smallets LLP has a long-standing commitment to protecting the rights of employees and helping individuals secure justice when their workplace rights have been violated. We are dedicated to helping employees who have been subjected to pregnancy discrimination understand their legal options and pursue the justice they deserve. Understanding Pregnancy Discrimination Pregnancy discrimination occurs when an employee or job applicant is treated unfavorably because of pregnancy, childbirth or a related medical condition. Federal laws under the Pregnancy Discrimination Act and California laws are designed to safeguard the rights of pregnant employees, yet violations still occur in many workplaces. Discrimination can manifest in several ways, such as: Being terminated after informing an employer of a pregnancy. Being denied promotions or pay raises due to pregnancy. Facing inappropriate comments or stereotypes targeting pregnant employees. Being reassigned to less favorable shifts or positions as a result of pregnancy. California law also provides additional protections, including the right to reasonable accommodations for pregnancy-related medical conditions and the right to take job-protected leave under the California Pregnancy Disability Leave Act. Employees should not face retaliation or negative employment actions... --- > At Minnis & Smallets LLP, our medical leave attorneys in San Jose provide reliable legal services to protect employee rights. - Published: 2025-03-04 - Modified: 2025-03-25 - URL: https://www.minnisandsmallets.com/citystate/medical-leave-attorneys-san-jose/ Medical Leave Attorneys San Jose Navigating the intricacies of medical leave can be an overwhelming experience for employees dealing with serious health conditions or family obligations. Balancing the responsibility of work with personal needs, while understanding one's rights, often becomes a stressful and complex challenge. When employers fail to honor employee rights to medical leave or act unlawfully, it can add significant emotional and financial strain. Minnis & Smallets LLP, recognizes the stress employees face when their leave is denied. Our medical leave attorneys in San Jose assist employees in these complex matters. Understanding Medical Leave Laws Both the federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide employees with the right to take job-protected leave under specific circumstances. This may include attending to one's own serious health condition, caring for a critically ill family member or welcoming a new child through birth, adoption or foster care. Though the laws are designed to protect employees, not all employers comply with these requirements. Denial of valid leave requests, termination for taking leave or failures to reinstate employees after approved leave are violations that can severely impact employees. Adding to the difficulty, the eligibility criteria for FMLA or CFRA can be confusing and daunting to individuals unfamiliar with employment law. The Impact of Medical Leave Disputes When an employer refuses a legitimate medical leave request or retaliates against an employee for exercising their rights, the consequences can be devastating. These situations may lead to unpaid time off,... --- > Employees facing workplace issues should consult with a knowledgeable Bay Area whistleblower retaliation lawyer at Minnis & Smallets LLP. - Published: 2025-03-04 - Modified: 2025-03-04 - URL: https://www.minnisandsmallets.com/citystate/bay-area-whistleblower-retaliation-attorney/ Bay Area Whistleblower Retaliation Attorney Employees who courageously expose misconduct or unlawful activities in the workplace deserve protection—not punishment. Unfortunately, retaliation against whistleblowers remains a significant challenge. When individuals face adverse actions or unwarranted criticism for speaking up, they may experience severe emotional, financial and professional consequences. California's employment laws provide legal safeguards, but navigating these protections often requires skilled guidance. At Minnis & Smallets LLP, our Bay Area whistleblower retaliation attorney delivers comprehensive legal advice to employees facing complex situations. Understanding Whistleblower Retaliation Whistleblower retaliation occurs when an employer takes adverse action against an employee as a response to their reporting of unethical or unlawful practices. These actions can include terminating an employee, withholding promotions, assigning unfair evaluations or creating a hostile work environment. Retaliation is unlawful under both federal and California state laws, which aim to ensure that employees who act in good faith to expose wrongdoing are shielded from punishment. Whistleblowers are protected in a broad range of situations, such as reporting workplace safety violations, discrimination complaints, financial misconduct, fraud or other unlawful activities. Even when an employee’s allegations are ultimately unconfirmed, the law protects them if they reasonably believed the reported activity was unlawful. The challenge lies in proving that retaliation occurred as a direct response to whistleblowing—a task that requires a thorough understanding of employment law. The Impacts of Retaliation on Employees Whistleblower retaliation not only affects careers but also disrupts emotional well-being and financial stability. The fear of facing professional isolation, reduced job opportunities... --- > The Marin County gender discrimination lawyers at Minnis & Smallets LLP help employees explore legal recourse if they experience mistreatment. - Published: 2025-02-21 - Modified: 2025-03-25 - URL: https://www.minnisandsmallets.com/citystate/marin-county-gender-discrimination-lawyers/ Marin County Gender Discrimination Lawyers Workplace gender discrimination is a reality for many employees despite laws designed to protect them. Being treated unfairly because of one's gender can affect an employee's career, income and overall well-being. Whether it’s being passed over for a promotion, denied equal pay or exposed to hostile actions, gender discrimination creates an unjust workplace. At Minnis & Smallets LLP, our experienced team is dedicated to helping employees stand up against unlawful treatment and enforce their rights. Our Marin County gender discrimination lawyers provide the skilled advocacy employees need to seek justice. Understanding Protections Against Gender Discrimination Federal and California laws make gender discrimination in the workplace unlawful. Employers are prohibited from treating employees or job applicants unfairly based on their gender. Two key laws provide these protections: Title VII of the Civil Rights Act of 1964: This federal law forbids employers with 15 or more employees from discriminating against workers based on gender when setting the terms and conditions of employment. California’s Fair Employment and Housing Act (FEHA): California offers even stronger protections. Under FEHA, employers with five or more employees are prohibited from engaging in gender discrimination. This ensures that even employees of smaller organizations are covered. These laws provide equal opportunities for individuals in hiring, promotions, pay and workplace treatment. Unfortunately, some employers still fail to comply, subjecting employees to biased or unlawful practices. Employees should address such instances alongside a skilled attorney. Common Examples of Gender Discrimination Gender discrimination can take many forms.... --- > Minnis & Smallets LLP are experienced San Mateo workplace retaliation attorneys dedicated to protecting employee rights. - Published: 2025-01-21 - Modified: 2025-03-25 - URL: https://www.minnisandsmallets.com/citystate/san-mateo-workplace-retaliation-attorneys/ San Mateo Workplace Retaliation Attorneys Workplace retaliation is a serious issue that can disrupt careers and livelihoods. It occurs when an employer takes negative actions against an employee for engaging in lawful activities, such as reporting workplace discrimination or harassment, requesting legal accommodations or supporting another employee's claim. Acts of retaliation can create a hostile or intimidating work environment, discouraging employees from standing up for their rights. At Minnis & Smallets LLP, we are dedicated to helping employees who have been subjected to retaliation so their legal rights are protected. Common Examples of Workplace Retaliation Retaliation in the workplace can take many forms, ranging from subtle to overt. Employers may take adverse actions such as terminating an employee or demoting them to a less desirable role. Other examples of retaliation include: Unfair performance evaluations: Giving unjustified negative reviews to punish an employee. Reassigning tasks: Assigning an employee to demeaning or less desirable jobs to punish them. Harassment: Creating a hostile working environment through verbal or physical behaviors. Scrutinizing work excessively: Singling out an employee for undue oversight or reprimands. Threats: Using intimidation tactics to silence employees or discourage complaints. Retaliation is not only harmful to the individual but can also undermine trust, morale and productivity within an organization. Employees should never face punitive actions for protecting their rights or standing up against unlawful treatment. Legal Protections Against Retaliation Federal and state laws provide strong protections for employees who experience retaliation in the workplace. These laws ensure that employees can speak... --- > Minnis & Smallets LLP is a trusted sexual harassment attorney near Alameda, offering legal representation and support for workplace discrimination cases. - Published: 2025-01-21 - Modified: 2025-03-25 - URL: https://www.minnisandsmallets.com/citystate/sexual-harassment-attorney-alameda/ Sexual Harassment Attorney Alameda Sexual harassment is a serious and pervasive issue that can disrupt both personal and professional lives. It can create a hostile work environment, damage reputations and jeopardize careers. At Minnis & Smallets LLP, we understand the devastating impact sexual harassment can have on individuals. Our sexual harassment attorney near Alameda is committed to providing effective legal advocacy to help employees protect their rights and seek justice. Seeking timely legal assistance is key to addressing this unlawful behavior and creating a safer, more equitable workplace for everyone. Understanding Sexual Harassment Sexual harassment involves unwelcome behavior in the workplace based on a person’s sex or gender. This can include verbal, non-verbal, or physical actions, and it often manifests in two main forms: Quid Pro Quo Harassment – Occurs when employment decisions, such as promotions or job security, are contingent on accepting unwanted verbal or physical conduct of a sexual nature. Hostile Work Environment – Arises when offensive or abusive conduct, such as inappropriate comments, jokes or physical contact, creates an intimidating or oppressive environment for the employee because of their sex or gender. Examples of sexual harassment may include inappropriate touching, unwelcome sexual advances, explicit communications or sexist remarks. Both federal and California laws prohibit sexual harassment in the workplace. Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA) provide robust protections for employees and hold employers accountable for maintaining a safe work environment free from harassment. Legal Rights of... --- > Minnis & Smallets LLP is a trusted choice for those seeking wrongful termination lawyers near San Francisco, offering legal representation and dedicated advocacy to protect employee rights. - Published: 2024-12-16 - Modified: 2025-03-25 - URL: https://www.minnisandsmallets.com/citystate/wrongful-termination-lawyers-san-francisco/ Wrongful Termination Lawyers San Francisco Minnis & Smallets LLP is a law firm dedicated to protecting the rights of employees. Our firm has been recognized for providing personal attention and tailored solutions to employees who face challenging workplace issues. With a proven track record of success, we are committed to standing up for the legal rights of workers, particularly in cases of wrongful termination. Our wrongful termination lawyers in San Francisco take a compassionate approach to every case, providing each client with the dedicated representation they deserve. What Constitutes Wrongful Termination? Wrongful termination occurs when an employer unlawfully ends an employee's contract. Under California law, most employment is "at-will," meaning employers can terminate employees for almost any reason. However, termination becomes unlawful when it violates federal, state or local laws or breaches an employment contract. Key examples of wrongful termination include: Discrimination-Based Termination: It is unlawful for an employer to terminate an employee based on race, gender, age, disability, religion, sexual orientation or other protected characteristics. Retaliation: Employers cannot fire employees as a form of retaliation for engaging in legally protected activities, such as filing a complaint about workplace harassment or discrimination, or acting as a whistleblower. Breach of Contract: If an employment contract specifies conditions under which termination is permissible, such as poor performance, and the employer violates these terms, the termination may be considered wrongful. Identifying Signs of Wrongful Termination Recognizing the signs of wrongful termination can be challenging, but certain red flags may indicate an unlawful dismissal.... --- > Minnis & Smallets LLP serves as dedicated Bay Area employment discrimination attorneys, offering legal advocacy to protect employees' rights and foster inclusive workplaces. - Published: 2024-12-16 - Modified: 2025-03-25 - URL: https://www.minnisandsmallets.com/citystate/bay-area-employment-discrimination-attorneys/ Bay Area Employment Discrimination Attorneys In today's diverse work environment, employment discrimination remains a critical issue that can profoundly affect an employee's emotional and financial well-being. Discrimination in the workplace not only undermines inclusion and equality but also creates a hostile environment that can hinder personal and professional growth. At Minnis & Smallets LLP, we are committed to advocating for inclusivity and equality so that every employee is treated with respect and fairness. Our experienced Bay Area employment discrimination attorneys are dedicated to providing comprehensive support to employees who have faced discrimination. Defining Workplace Discrimination Workplace discrimination occurs when an employee or job applicant is treated unfavorably because of their race, gender, age, disability, sexual orientation or other protected characteristics. Such discriminatory practices are not only morally wrong but also unlawful under state and federal laws. Discrimination can manifest in various ways, often impacting an individual’s career progression, wages and overall work environment. Examples of Discrimination Employees may encounter various forms of discrimination, each with its own challenges: Age Discrimination: Treating an applicant or employee less favorably because of their age. Race Discrimination: Unfair treatment based on race or skin color. Gender Discrimination: Disparities in treatment or pay based on gender. Disability Discrimination: Unjust treatment or denial of reasonable accommodations to individuals with disabilities. Sexual Orientation Discrimination: Discrimination against employees based on their sexual preferences. Such discriminatory actions not only violate legal protections but also erode the fabric of a fair and equitable work environment. Understanding Adverse Employment Actions An... --- > San Mateo discrimination lawyers at Minnis & Smallets LLP are dedicated to defending employee rights and seeking justice for those who have experienced workplace discrimination. - Published: 2024-12-02 - Modified: 2025-03-25 - URL: https://www.minnisandsmallets.com/citystate/san-mateo-discrimination-lawyers/ San Mateo Discrimination Lawyers Employment discrimination is a pervasive issue that can significantly affect an employee's personal and professional life. Discrimination in the workplace not only undermines an individual's self-worth but also creates a hostile environment that can impede career advancement and personal well-being. At Minnis & Smallets LLP, we are dedicated to defending the rights of employees who have been unjustly treated at work. Our experienced San Mateo discrimination lawyers are committed to guiding employees through the often complex process of filing a discrimination claim, helping them seek the protection and justice they deserve. What Constitutes Workplace Discrimination? Workplace discrimination occurs when an employee or job applicant is treated unfavorably due to certain protected characteristics such as race, gender, age, disability, sexual orientation or religion. This unjust treatment is not only unethical but also unlawful under both state and federal employment laws. It is crucial for employees to recognize when they are being discriminated against to take appropriate action. Understanding Adverse Employment Actions An adverse employment action refers to any action taken by an employer that negatively affects an employee's job status or working conditions. Under California law, such actions must be linked to discrimination based on a protected characteristic to be considered unlawful. Adverse actions can range from termination and demotion to more subtle forms of discrimination, such as unfavorable job assignments or denial of promotion. Examples of Adverse Employment Actions in California In California, adverse employment actions can include: Termination or unjust firing Constructive discharge where the... --- > Workplace discrimination and other legal matters can impact an employee's safety at work. Contact our experienced San Mateo labor attorneys at Minnis & Smallets LLP to schedule a case evaluation. - Published: 2024-07-09 - Modified: 2024-07-10 - URL: https://www.minnisandsmallets.com/citystate/san-mateo-labor-attorneys/ San Mateo Labor Attorneys Employment discrimination is an issue that affects countless employees across various industries. It not only undermines the dignity and respect every worker deserves but also impedes productivity and morale within workplaces. At Minnis & Smallets LLP, we are dedicated to protecting employees from discriminatory practices and ensuring they receive fair treatment under the law. Our experienced legal team provides personal attention and tailored strategies to help our clients overcome these challenges. What is Employment Discrimination? Employment discrimination occurs when an employer treats an employee or job applicant unfavorably because of their membership in a protected class such as race, age, gender or disability. This differential treatment can manifest in various aspects of employment, from the hiring process to layoffs. Discrimination can take the form of overt actions, such as denial of promotions or unequal pay, or subtle behaviors that create a hostile work environment. Types of Adverse Employment Actions Adverse employment actions encompass employer decisions that negatively affect an employee's status or working conditions due to discriminatory motives. These actions include termination, such as firing an employee based on a protected characteristic, creating an intolerable work environment that leads to constructive discharge and denying promotions due to discriminatory biases. Each of these actions can significantly impact an employee's career and well-being. Legal Protections Against Employment Discrimination Both federal and California state laws provide robust protections for employees against discrimination. Key legislations include Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the... --- > When addressing workplace harassment or discrimination, consult with a Palo Alto employment law attorney at Minnis & Smallets LLP. - Published: 2024-06-10 - Modified: 2024-06-04 - URL: https://www.minnisandsmallets.com/citystate/palo-alto-employment-law-attorney/ Palo Alto Employment Law Attorney Workplace harassment is a pervasive issue that can severely affect employees' well-being and professional lives. It creates a hostile work environment, leading to physical and emotional stress. As a reputable employment law firm, Minnis & Smallets LLP helps employees navigate through the complexities of workplace harassment and discrimination. Our Palo Alto employment law attorney provides the necessary tools to address these challenging situations. Defining Workplace Harassment and Discrimination What is Workplace Harassment? Workplace harassment refers to unwelcome or offensive behavior that creates a hostile work environment for employees based on their protected status. This can include verbal abuse, intimidation or inappropriate conduct that disrupts an employee's ability to perform their job. Discrimination, on the other hand, involves treating employees unfairly based on characteristics such as race, gender, age or disability. Forms and Levels of Harassment Harassment in the workplace can manifest in various forms, ranging from subtle comments to overt acts of hostility. Common types of harassment include: Sexual Harassment: This involves making unwelcome sexual advances, requests for sexual favors and other verbal or physical harassment of a sexual nature. It can also include promising favorable treatment in exchange for a sexual relationship or retaliating against someone for refusing such advances. Racial and National Origin Harassment: Offensive jokes, racial slurs, ridiculing and other hostile behaviors constitute this type of harassment. It targets individuals based on their race or ethnicity, creating a toxic work environment. Disability and Age Discrimination: Mocking individuals for their disabilities or making... --- > Employees seeking a sexual harassment attorney near Palo Alto can trust Minnis & Smallets LLP for experienced legal representation. - Published: 2024-06-10 - Modified: 2024-06-04 - URL: https://www.minnisandsmallets.com/citystate/sexual-harassment-attorney-palo-alto/ Sexual Harassment Attorney Palo Alto Workplace sexual harassment affects countless employees in San Francisco and across Northern California. Addressing this serious problem is crucial for the well-being of employees and for maintaining a respectful and equitable workplace environment. At Minnis & Smallets LLP, our experienced attorneys are dedicated to helping employees protect their rights and seek justice for any mistreatment they have endured. We aim to provide employees with the necessary tools to address workplace sexual harassment effectively. What Qualifies as Workplace Sexual Harassment? Workplace sexual harassment encompasses a range of behaviors that can create a hostile or intimidating work environment based on an employee's sex or gender. It generally falls into two main categories: quid pro quo harassment and hostile work environment harassment. Quid Pro Quo Harassment Quid pro quo harassment occurs when employment benefits, such as promotions, raises or continued employment, are conditioned on the acceptance of unwanted sexual conduct. This type of harassment places undue pressure on employees, forcing them to choose between their professional advancement and their personal dignity. Hostile Work Environment Harassment A hostile work environment involves conduct that creates an offensive, intimidating or hostile atmosphere for the employee. This type of harassment can include a wide range of behaviors, from unwelcome sexual advances and inappropriate comments to explicit jokes and displays of sexual material. The key factor is that the behavior interferes with the employee's ability to perform their job duties comfortably and effectively. Examples of Harassing Behavior Understanding what constitutes workplace sexual harassment... --- > A San Jose employment discrimination attorney at Minnis & Smallets LLP provides legal assistance to combat workplace discrimination, ensuring justice and rightful resolution for affected employees. - Published: 2024-05-06 - Modified: 2024-05-01 - URL: https://www.minnisandsmallets.com/citystate/san-jose-employment-discrimination-attorney/ San Jose Employment Discrimination Attorney Workplace discrimination is a significant concern, affecting countless employees across various sectors. Discrimination at work can manifest in multiple forms, adversely impacting an employee's career progression, mental health and well-being. It is crucial for individuals experiencing such unfair treatment to understand that they have rights and legal options available to them. Seeking assistance from a San Jose employment discrimination attorney is the first step in addressing workplace matters. Minnis & Smallets LLP provides quality legal services for employees facing discrimination and is prepared to help clients explore their options. Understanding Workplace Discrimination Workplace discrimination occurs when an employee faces unfair treatment based on their age, gender, race, disability, sexual orientation or other protected characteristics. At Minnis & Smallets LLP, we offer legal support across a wide spectrum of discrimination cases, including but not limited to: Sex Discrimination: This encompasses discrimination based on gender, pregnancy, or sexual orientation. Age Discrimination: Unfavorable treatment of employees, typically those over 40, based on age. Disability Discrimination: This includes failure to provide reasonable accommodations for employees with disabilities. Pregnancy Discrimination: Unfair treatment of pregnant employees, including denial of promotions or unfair treatment due to pregnancy. Race Discrimination: Treating employees unfavorably due to their race or racial characteristics. Other Forms of Unlawful Harassment: Including harassment based on religion, national origin and other protected statuses, which creates a hostile work environment. The effects of workplace discrimination extend beyond an employee's professional life. It fosters a toxic work environment, leading to decreased job... --- > The team at Minnis & Smallets LLP consists of dedicated San Francisco CFRA rights lawyers who help protect employment rights. - Published: 2024-04-14 - Modified: 2024-04-09 - URL: https://www.minnisandsmallets.com/citystate/san-francisco-cfra-rights-lawyers/ San Francisco CFRA Rights Lawyers In the ever-evolving landscape of employment law, the California Family Rights Act (CFRA) offers protection for employees across the Golden State. This legislation supports workers so that they do not have to choose between the well-being of their loved ones and their job security. At Minnis & Smallets LLP, we believe in empowering our clients with a comprehensive understanding of their rights under CFRA. Our team of seasoned Bay Area CFRA attorneys is dedicated to guiding employees through the complexities of this law, ensuring that their employment rights are fiercely protected. What is the California Family Rights Act (CFRA)? The CFRA is a cornerstone of employee rights in California, offering protections similar to those found in the federal Family and Medical Leave Act (FMLA). It provides eligible employees with the right to take up to 12 weeks of unpaid leave within a calendar year for specific family and medical reasons without fear of losing their job or facing retaliation from their employer. Key Protections Under CFRA: Leave Entitlements: Eligible employees can take unpaid leave to address their own serious health conditions, bond with a newborn child or care for a family member with a serious health condition. Job Protection: Upon returning from CFRA leave, employees are generally entitled to be reinstated to the same or a comparable position. Health Insurance Coverage: Employers must maintain an employee's health benefits during the leave as if they continued to work. Types of Leave: CFRA covers leave to care... --- > At Minnis & Smallets LLP, our employment lawyers near Silicon Valley are dedicated to providing comprehensive legal support for individuals facing workplace discrimination. - Published: 2024-02-05 - Modified: 2024-01-31 - URL: https://www.minnisandsmallets.com/citystate/employment-lawyers-silicon-valley/ Employment Lawyers Silicon Valley Experiences of workplace discrimination carry a profound impact, affecting not only job satisfaction but also personal well-being and future career prospects. Such experiences can be deeply unsettling, often leaving those affected unsure of where to turn for help. In these circumstances, it's important for an employee to seek legal representation. At Minnis & Smallets LLP, we stand ready to serve as steadfast advocates, dedicated to resolving the case and protecting the employee's rights. Turn to our employment lawyers near Silicon Valley for dedicated legal support. Understanding Workplace Discrimination Workplace discrimination is a deeply concerning issue that encompasses the unfair treatment of employees based on certain protected characteristics. These characteristics can include race, gender, age, disability or sexual orientation. Discrimination arises when employees are treated unfavorably solely because of their membership in any of these protected classes. The forms this discrimination can take are numerous. Workplace discrimination encompasses a wide range of behaviors, such as harassment, retaliation, and even unlawful termination. This detrimental practice not only undermines the well-being and morale of individuals but also hampers the overall inclusivity and progress within organizations. It is crucial for employers and employees alike to actively address and combat workplace discrimination, fostering an environment that values diversity, equality and respect for all. Recognizing Disability Discrimination Among the types of workplace harassment that employees may encounter, disability discrimination stands out as particularly insidious. This form of discrimination occurs when an employee with a physical or mental disability becomes the target of... --- > Minnis & Smallets LLP's dedicated San Mateo sexual harassment attorney is committed to providing legal support for those impacted by sexual harassment in the workplace. - Published: 2024-01-10 - Modified: 2024-01-31 - URL: https://www.minnisandsmallets.com/citystate/san-mateo-sexual-harassment-lawyer/ San Mateo Sexual Harassment Lawyer Sexual harassment in the workplace is a grave matter that can substantially impact an individual's professional life and personal well-being. It is a form of misconduct that Minnis & Smallets LLP takes seriously, offering legal support and guidance to those adversely affected by such experiences. If an employee has been subjected to sexual harassment at work, they can turn to our San Mateo sexual harassment lawyers for assistance in seeking justice and compensation. Understanding Sexual Harassment Sexual harassment is defined as unwanted sexual advances or offensive conduct based on sex or gender. It is a violation of employee rights not only in San Francisco but across California. Recognizing the various forms of sexual harassment is crucial in effectively addressing and combatting this issue. Identifying Sexual Harassment Sexual harassment can present itself in numerous ways, typically falling under two categories: quid pro quo harassment and hostile work environment. Quid pro quo harassment refers to instances where employment benefits are contingent upon an employee’s involvement in undesired sexual conduct or acceptance of abusive behavior related to their sex or gender. A hostile work environment, on the other hand, involves conduct that creates an offensive or intimidating atmosphere based on an employee's sex or gender. This can range from inappropriate jokes and vulgar language to explicit threats and other discriminatory actions. Employer Responsibility Employers carry a legal obligation to prevent and address sexual harassment within the workplace. In California, employers can be held accountable for a hostile work... --- > Employment-related legal matters can be complicated. Contact an Oakland employment lawyer from Minnis & Smallets LLP. - Published: 2023-12-13 - Modified: 2024-01-09 - URL: https://www.minnisandsmallets.com/citystate/oakland-employment-lawyer/ Oakland Employment Lawyer Employment laws regulate the relationship between employers and employees, ensuring fair treatment for all parties involved. When an employee believes their rights have been compromised, it’s important to seek legal guidance as soon as possible. With an Oakland employment lawyer like Minnis & Smallets LLP, navigating these complex legal matters becomes significantly less daunting. Rely on our skilled team for support. Types of Employment-Related Legal Matters At Minnis & Smallets LLP, we assist clients with a range of employment-related legal matters. We work hard to ensure employees understand their situation and the options before them so that they can pursue the compensation they deserve. Our work covers several common employment issues: Wage disputes often arise when employees are not paid their rightful wages, bonuses, or commissions. Under the Fair Labor Standards Act, employees are entitled to receive at least the federal minimum wage. In cases where discrepancies occur, legal steps can be taken to ensure rightful compensation. Discrimination, whether based on age, disability, pregnancy, race, sex, or other protected characteristics, is unlawful under the Civil Rights Act of 1964. Employees experiencing discrimination can seek legal recourse. The skilled attorneys at Minnis & Smallets LLP have successfully represented clients facing various forms of discrimination, helping them secure justice. Harassment, including sexual harassment and other unlawful forms, creates a hostile work environment, infringing upon the rights of employees. Title VII of the Civil Rights Act prohibits such behaviors. The attorneys at Minnis & Smallets LLP have guided numerous clients... --- > Minnis & Smallets LLP is a San Mateo employment law firm providing comprehensive legal services for employees affected by mistreatment in the workplace. - Published: 2023-11-21 - Modified: 2023-12-01 - URL: https://www.minnisandsmallets.com/citystate/san-mateo-employment-law-firm/ San Mateo Employment Law Firm Discrimination and harassment in the workplace can profoundly impact an employee's safety, productivity, and health. A hostile work environment can create many issues across an employee's life, so it's important to work alongside an attorney toward a solution. Minnis & Smallets LLP represents employees’ best interests as they navigate the process of obtaining compensation. Our San Mateo employment law firm is ready to discuss the next steps. Personalized Attention and Skillful Representation With a reputation built on personal attention and skillful representation, Minnis & Smallets LLP is a distinguished law firm. Our attorneys serve as trusted allies who guide clients through complex employment law challenges. We work hard to ensure that every client receives tailored solutions, whether it's through negotiation, mediation, or court proceedings when necessary. Comprehensive Employment Law Services Minnis & Smallets LLP offers an array of services covering various facets of employment law. The firm stands strong against unlawful termination, ensuring those dismissed without just cause receive the justice they deserve. Our firm relentlessly fights against these injustices, seeking to uphold equal employment opportunities for all. For those who have dared to speak up against unlawful activities within their organizations and face retaliation, Minnis & Smallets LLP provides pathways to a resolution. Our firm's attorneys handle whistleblowing cases with utmost professionalism, ensuring protection for these brave individuals. Facing Sexual Harassment in the Workplace Sexual harassment, a pervasive issue, can leave profound emotional scars. At Minnis & Smallets LLP, there is a deep understanding... --- > Minnis & Smallets, LLP, provides experienced and personalized legal services as a whistleblower retaliation lawyer near Oakland. - Published: 2023-11-21 - Modified: 2023-12-01 - URL: https://www.minnisandsmallets.com/citystate/whistleblower-retaliation-lawyer-oakland/ Whistleblower Retaliation Lawyer Oakland Navigating the complex waters of employment situations can be daunting. One such situation that holds significant consequences for employees is whistleblower retaliation. This term refers to adverse actions or punishments bestowed upon an employee who has dared to shine a light on illicit activities or wrongdoings within an organization. The potential fallout from such retaliation can be far-reaching, affecting not only the professional life but also the personal well-being of the individual involved. Minnis & Smallets, LLP is established in employment law, serving employees who have faced retaliation for whistleblowing. We are available to help clients examine their options and find a path to a resolution. The Importance of Whistleblower Protection Protection is crucial for individuals who step forward to uphold transparency and accountability within their organizations. Without this shield of protection, fear of reprisal might silence many, allowing unlawful activities to persist unchecked. The purpose of whistleblower protection laws is to foster an environment where employees feel secure to disclose information without fear of retaliation. Whistleblower Protections in California In the state of California, employees enjoy robust protections against whistleblower retaliation. The California Whistleblower Protection Law and Labor Code Section 1102. 5 provide strong safeguards for employees who disclose information or refuse to participate in activities that violate state or federal statutes. Facing retaliation for whistleblowing can be an intimidating experience. However, employees are not alone in this struggle. Legal professionals stand ready to guide and represent them throughout this process. They help employees understand... --- > Sexual harassment is unacceptable in work environments, but it continues to happen all the time. If you believe you suffered this conduct, call a workplace sexual harassment lawyer in San Francisco. - Published: 2023-10-21 - Modified: 2023-10-21 - URL: https://www.minnisandsmallets.com/citystate/workplace-sexual-harassment-lawyer-san-francisco/ Workplace Sexual Harassment Lawyer San Francisco Employees should not have to endure being sexually harassed on the job, and both the federal government and the State of California take the matter seriously. If you’re the victim of sexual harassment at work, don’t put off discussing your concerns with an experienced workplace sexual harassment lawyer in San Francisco. Is It Sexual Harassment? If you’re not sure that what you’re experiencing is sexual harassment, it’s not surprising. Practices that qualify as sexual harassment can be ingrained in the culture of a workplace, which makes rooting them out and identifying them more difficult. If the treatment in question makes you feel uncomfortable, you shouldn’t ignore the issue. Both California and the federal government directly address Sexual harassment on the job, which means you have important rights that are well worth protecting. A Hostile Work Environment Can Be Sexual Harassment Sexual harassment can come in the form of a hostile work environment, which can leave employees feeling beaten down and powerless to act. While the entire office or workplace may appear to support the hostile environment that’s become part of your workplace’s culture, you may be surprised by how many employees are negatively affected by the experience. Further, hostility in the workplace shouldn’t be tolerated – regardless of how pervasive the negative consequences are. The negative effects of a hostile work environment can include all the following: Work performance can be directly affected. Career advancements can dwindle. Earned raises and bonuses may not be... --- > Employers can violate your rights in many ways, including discrimination, harassment, wage issues, and more. If you need assistance, consult with an employment law attorney in San Mateo. - Published: 2023-09-20 - Modified: 2023-09-20 - URL: https://www.minnisandsmallets.com/citystate/employment-law-attorneys-san-mateo/ Employment Law Attorneys San Mateo There are expansive employment laws in place at both the state and federal levels that are designed to protect employees on the job. Employers wield considerable power when it comes to their employees, and these laws are designed to help restore balance. Employees who have questions or concerns regarding their treatment at work shouldn’t wait to reach out for the skilled legal guidance of an experienced employment law attorney in San Mateo. Employment Law Focuses on Discrimination Employment law focuses on discrimination in the workplace. There are several primary categories of discrimination that make up the bulk of these important claims. Disability Discrimination It is against the law to discriminate against an employee based on a disability, which includes all the following forms of discrimination: Discrimination that is based on a medical condition Discrimination that is based on a genetic condition Discrimination that is based on a physical disability Discrimination that is based on a mental disability If the employee can perform their job’s essential functions – with the help of reasonable accommodations – they can’t be discriminated against in relation to their work. Sexual Harassment Sexual harassment at work is a form of discrimination that is addressed by both the State of California and the federal government. Sexual harassment can take a range of forms, and while it can be difficult to prove, it can also be exceptionally damaging. Sexual harassment can be classified as either quid pro quo harassment, which means something for... --- - Published: 2022-11-26 - Modified: 2023-06-22 - URL: https://www.minnisandsmallets.com/citystate/marin-county-wage-and-hour-attorney/ Marin County Wage And Hour Attorney The Fair Labor Standards Act requires you to be paid fairly by your employer. That means your employer can’t pay you below the minimum wage or choose not to pay you when you’ve worked overtime hours. Still, some employers commit these violations daily. If you suspect your employer is violating your wage and hour rights, and you believe you have been wrongfully terminated, speak with a Marin County wage and hour attorney at Minnis & Smallets LLP. Why Employers Commit Wage And Hour Violations Some employers may commit wage and hour violations deliberately. Employers can sometimes take advantage of an employee’s ignorance regarding their rights. But some employers may commit wage and hour violations from a lack of knowledge. Like other employees, some employers may not know that they are committing serious violations. What Are Common Wage Violations? Some common wage and hour violations include: Inaccurate Calculations Of Overtime Pay If your employer has a different overtime rate for different types of work, that could be an incorrect calculation of your overtime pay. Employers can make this mistake when they incorrectly use the hours you worked during the pay period compared to a single week. If you worked past 40 hours in the first week, your overtime pay must be included in that pay period. Misclassifying Employees As Independent Contractors Another common violation is misclassifying an employee as an independent contractor. Employers will misclassify their employees if they feel they can reduce their liability.... --- > Employers violate the law in many ways, including wage violations, discrimination, and more. If you believe you were a victim of a violation, contact employment lawyers in Marin County. - Published: 2022-11-26 - Modified: 2023-06-22 - URL: https://www.minnisandsmallets.com/citystate/employment-lawyers-in-marin-county/ Employment Lawyers In Marin County You can feel a sense of powerlessness as an employee whose rights have been violated. It can be intimidating when you’re trying to hold your employer accountable. But it’s important to remember that you do not have to fight for your rights alone. If you want to strengthen your chances of winning your claim, contact the employment lawyers in Marin County at Minnis & Smallets LLP. Types Of Employment Law Violations Employment law violations are more common than people think. There are so many ways that your employer can commit work violations against you. If your employer fails to pay you for any hours you’ve worked overtime, that is a wage and hour violation. If your employer makes a derogatory remark about your gender, that is a form of sexual harassment. Your employer may also be discriminating against you when they decide to overlook you for promotions based on your age. These are just some employment law violations that happen daily, weekly, and monthly. Hostile Work Environment Another common employment law violation is creating a hostile work environment. Even though there may be tension at work between employees and management, employers are prohibited from deliberately making a workplace uncomfortable for all employees. If you feel targeted by an employer, that employer may be making the workplace hostile for you on purpose. Hostile work environments can be created anytime, but they are more prone to happen after employees exercise their legal rights. If your employer has... --- > Did your employer terminate you and you suspect the reason violated the law and your rights as an employee? Allow a San Rafael wrongful termination attorney to evaluate your legal options. - Published: 2022-11-26 - Modified: 2023-06-22 - URL: https://www.minnisandsmallets.com/citystate/san-rafael-wrongful-termination-attorney/ San Rafael Wrongful Termination Attorney Being terminated comes with different emotions. Some employees may find it shocking and heartbreaking. Other employees may be ecstatic and relieved. But if your termination violated your rights, that is a situation that you should not take lightly. Not every termination is justifiable. Occasionally, your employer can be held liable for terminating you for an illegal reason. If you feel your termination was unlawful, speak with a San Rafael wrongful termination attorney at Minnis & Smallets LLP. How Is A Termination Unlawful? A termination is unlawful when it is based on an unlawful reason. An unlawful reason is any reason that violates your employee rights or federal and state employee rights. For example, if your employer terminated you because you decided to use your FMLA leave, that is an unlawful reason. Another unlawful reason is terminating you because you refused to work in unsafe working conditions. It is also unlawful if your employer terminates you after you reported unsafe work conditions. Your employer does not have the right to terminate you after you have participated in behavior that the law protects. Your employer is also prohibited from terminating you after participating in actions protected through public policy. This includes participating in jury duty and voting. At-Will Status One of the reasons why employers may get away with wrongful termination is an employee’s at-will status. Many employees are employed at an at-will status. That means that at any moment, the employment relationship between the employer and... --- > Whether you experienced blatant discrimination at work or suspect some type of discrimination might have occurred, never wait to consult with a discrimination lawyer in San Rafael. - Published: 2022-11-26 - Modified: 2023-06-22 - URL: https://www.minnisandsmallets.com/citystate/discrimination-lawyer-san-rafael/ Discrimination Lawyer San Rafael At a glance, you may feel that you can tell right away if your employer is discriminating against you. But that’s not always the case. Your employer could be so subtle with discrimination that you don’t notice until you dig deeper. Your employer could actively discriminate against you without even knowing it. They may feel they are being fair when indirectly discriminating against you and other employees like you. When you feel you may be a victim of your employer’s discrimination, speak to a discrimination lawyer in San Rafael at Minnis & Smallets. What Is Discrimination? Discrimination is the intentional unfair treatment of a special class of people based on specific characteristics. These characteristics include a person’s race, national origin, gender, sexual orientation, gender identity, disability or age. It may be unlawful if your employer treats you differently based on any of these characteristics. Common Forms Of Discrimination In addition to the mentioned characteristics, there are other ways that your employer may subtly discriminate against you. Your employer can overlook you for promotions based on your gender. For example, employers can treat women with children unfairly because they assume that their childcare responsibilities may affect their ability to work. Employers can also discriminate against you due to your age. When your employer removes you from certain tasks because of a preconceived notion of your age, that may be a form of discrimination. Reporting Employers For Discrimination When you feel your employer has discriminated against you, you... --- > Workplace discrimination takes many forms, and the laws prohibiting discrimination are complicated. Always seek assistance from discrimination lawyer near Alameda with a possible case. - Published: 2022-08-31 - Modified: 2022-08-26 - URL: https://www.minnisandsmallets.com/citystate/discrimination-lawyer-near-alameda/ Discrimination Lawyer Near Alameda Employment discrimination, as well as workplace harassment and retaliatory actions, constitute violations of both federal and California state law. Victims of discrimination in the workplace often need help exercising their rights, and a discrimination lawyer near Alameda at Minnis & Smallets LLP can assist you in determining your legal recourse. Discrimination on the job may be subtle yet still pervasive, but it can also be disturbingly bold in some instances. When you believe that you have been subject to some form of bias affecting your career or work environment, you could have the right to hold an employer accountable for their actions. Types of Discrimination Cases Minnis & Smallets LLP handles such discrimination cases as the following: Race discrimination Age discrimination Sex and gender discrimination National origin discrimination Religious discrimination Sexual orientation discrimination Disability discrimination Sexual harassment Failure to accommodate employees with disabilities Denial of or interference with Family and Medical Leave Act (FMLA) rights, such as maternity or paternity leave and medical leave Wrongful termination or retaliation for whistleblower actions, filing for workers' compensation, or other protected acts. Federal laws protecting against discrimination include: The Equal Pay Act of 1963 Title VII of the Civil Rights Act of 1964 The Age Discrimination in Employment Act of 1967 (ADEA) The Rehabilitation Act of 1973 The Pregnancy Discrimination Act of 1978 (PDA) The Americans with Disabilities Act of 1990 (ADA) The Genetic Information Nondiscrimination Act of 2008 The California Fair Employment and Housing Act (FEHA) is the... --- > Many people lose money they earned due to wage and hour violations by their employers. If you are in this position, consult with a wage and hour attorney in San Mateo today. - Published: 2022-08-31 - Modified: 2022-08-26 - URL: https://www.minnisandsmallets.com/citystate/wage-and-hour-attorney-san-mateo/ Wage and Hour Attorney San Mateo California wage and hour laws set forth several requirements with regard to minimum wages, tips, lunch and meal breaks, other work-related breaks, the definition of time worked, the timing of wage payments, and the manner of wage payments. Employers who violate state or federal laws can be held accountable for oversights in these areas, and a wage and hour attorney in San Mateo can help you get justice. Every person who lawfully works in California has the right to be paid fairly for the wages they have earned and should also be entitled to appropriate benefits when applicable. Wage and hour violations can encompass a number of different acts. Types of Wage and Hour Disputes Some common wage and hour violations include: Unpaid wages or overtime Late payment at separation Unpaid sales commissions or commissions not included in overtime rates Denial of meal or rest breaks or breaks that are not compensated Failure to reimburse for work-related expenses Unlawful practices concerning vacation pay and time off Illegal wage deductions and payroll errors Inaccurate wage and hour calculations Employer failure to provide wage statements Violations of California minimum wage laws One of the most common issues in wage and hour violations concerns employee misclassification. Some employers misclassify employees as managers or assistant managers, which should not automatically disqualify the employee’s right to overtime compensation, rest breaks, or meal periods as employees have to satisfy very specific requirements to be considered exempt from overtime and rest/meal... --- > There are many ways that employers can unlawfully discriminate against employees, but an experienced Alameda discrimination lawyer is ready to stand up for the rights of employees in California. - Published: 2022-07-24 - Modified: 2022-07-24 - URL: https://www.minnisandsmallets.com/citystate/alameda-discrimination-lawyer/ Alameda Discrimination Lawyer Being discriminated against in the workplace leaves employees at a serious disadvantage that is not only challenging to them personally but is also against the law. Employee rights are important for promoting fair workplaces and supporting employees in the process. Alameda discrimination lawyers have the experience, drive, and compassion to skillfully fight for the rights of employees who’ve been discriminated against in the workplace. In the State of California The State of California takes the matter of discrimination on the job very seriously, and as such, it has exacting laws in place that are intended to protect the legal rights of all employees. These include: Wage and hour laws that make sure employers provide employees with the pay to which they are entitled Exemption status laws that determine when employees are exempt from specific wage requirements Discrimination can be quite subtle, or it can be overt, but a common mechanism of discrimination is the implementation of wage discrepancies. When an employee doesn’t receive fair pay due to his or her gender, race, or anything else, it is discriminatory. Identifying Discrimination In California, discrimination protections are predicated on the protected characteristic – or the protected class – of specific job applicants and current employees. These job applicants and current employees cannot be discriminated against in relation to these protected characteristics or classes, which include: The employee’s age (if he or she is over the age of 40) The employee’s sex, which includes discrimination based on pregnancy and discrimination... --- > Too many people still suffer the effects of workplace sexual harassment, and the law allows employees to take legal action. Consult with a Bay Area sexual harassment lawyer right away. - Published: 2022-06-29 - Modified: 2022-06-27 - URL: https://www.minnisandsmallets.com/citystate/bay-area-sexual-harassment-lawyer/ Bay Area Sexual Harassment Lawyer Sexual harassment at work is unlawful, but the law doesn’t discourage some bosses, managers, workers, or customers from engaging in harassing behavior. Sexual harassment stays a prevailing issue. Data from the Equal Employment Opportunity Commission (EEOC) indicate that nearly one out of every five complaints filed there concern allegations of sexual harassment. Bay Area Sexual Harassment If you've been sexually harassed, you aren't alone. Our lawyers assist with sexual harassment claims. Contact us for a free, private consultation with one of our Bay Area sexual harassment attorneys. What Is Sexual Harassment? Sexual harassment is unwanted and unsolicited behavior that is harmful and unsettling because of your sex and/or gender, sexual orientation, or gender identity. On most occasions, sexual harassment usually takes one of two forms. The more common form is where the harasser’s conduct creates a work environment that is hostile, intimidating, offensive, oppressive, or abusive. The second kind is quid pro quo harassment, where employee benefits are based on sexual favors. Both types of sexual harassment are unlawful. California law hasn’t always protected workers based on their sexual orientation or gender identity. Still, the United States Supreme Court recently held that employers could not discriminate based on sexual orientation or gender identity. Hostile Work Environment Harassment Sexual harassment based on the work environment demands a showing of harassing conduct that is: Hostile, intimidating, offensive, oppressive, or abusive Due to your sex and/or gender, sexual orientation, or gender identity Sexual Harassment Includes a Wide Variety... --- > There is no excuse for sexual harassment at work, and employers should be liable for allowing unlawful conduct. Discuss any concerns with a sexual harassment lawyer in the Bay Area. - Published: 2022-06-29 - Modified: 2022-06-27 - URL: https://www.minnisandsmallets.com/citystate/sexual-harassment-lawyer-bay-area/ Sexual Harassment Lawyer Bay Area Employers must keep a workplace that is free from harassment. Affirmative actions, like enforcing anti-harassment guidelines and supplying sexual harassment training, should be taken to deter harassment at work. Employers are legally accountable for the harassing behavior of their supervisors and managers. If a boss or manager harasses an applicant or worker, the employer is responsible for their acts. But an employer is only responsible for a coworker's or customer's harassing behavior if it knew or should've known about the harassment and didn't prevent it. Once an employer becomes aware of sexual harassment, it must promptly take steps to fix it. Employers are also required to take remedial action to deter future harassment. Immediate employer intervention minimizes injury to the victim and can send an explicit message that harassment is not accepted. Deliberately allowing sexual harassment may expose the employer to punitive damage liability. Always discuss your rights with a sexual harassment lawyer in the Bay Area. Sexual Harassment Doesn't Have to Be "Sexual" to Be Prohibited The harassing conduct doesn't need to be sexual to comprise sexual harassment. Sexual harassment can include coercion or animosity directed at a worker because of the worker's sex and/or gender, sexual orientation, or gender identity. For instance, a supervisor who calls their female employees degrading names may be engaging in sexual harassment even though they have not made any sexual advances towards their female subordinates. Also, the same behavior can be harassing for men, women, and individuals who... --- > Employees who experience sexual harassment at work have important legal rights under the law. If you are in this position, reach out to a sexual harassment attorney in Mountain View. - Published: 2022-03-28 - Modified: 2022-03-28 - URL: https://www.minnisandsmallets.com/citystate/sexual-harassment-attorney-mountain-view/ Sexual Harassment Attorney Mountain View Sexual harassment has been unlawful in the American workplace for decades. In spite of these laws, sexual harassment persists in California, and many employees are hurt every year. California’s sexual harassment laws have been strengthened in the wake of important social movements like #MeToo and #Time’sUp. It is important for those who experience sexual harassment to understand the laws that protect them so they can prevent future harm to themselves and other employees. Here are just a few of workers’ important legal rights. To discuss any specific concerns, contact a sexual harassment attorney in Mountain View. Employees Have The Right To Notify Their Employer Of The Harassment So They Can Take Steps To Stop It Employers can be held liable for allowing a hostile work environment to persist. These companies can also be held liable for allowing supervisors to demand sexual favors from their employees in “quid pro quo” harassment cases. In order to hold an employer accountable, an employee must notify the company of the problem. The company can then be held liable for sexual harassment if it fails to take reasonable steps to correct the problem. Employees are also protected from being retaliated against for reporting workplace sexual harassment to their employers. Employees have the right to report the conduct to the appropriate authorities without retaliation. The Law Requires Employees To Be Free From Retaliation At Work When They Report Sexual Harassment This means that there cannot be any adverse consequences to the... --- > Employers can violate the law in many ways that can cause losses and harm to employees. Never wait to seek advice and assistance from Palo Alto labor and employment attorneys. - Published: 2022-03-01 - Modified: 2022-02-24 - URL: https://www.minnisandsmallets.com/citystate/palo-alto-labor-and-employment-attorneys/ Palo Alto Labor and Employment Attorneys There are many ways that an employee’s legal rights can be violated in the workplace. Learn more about the types of cases our experienced Palo Alto labor and employment attorneys handle: Employment Contracts Before signing any type of employment contract, it is a good idea to let your own attorney review it. The company’s lawyers draft these agreements to protect the company - not the employees. Let your own lawyer review an offer of employment, intellectual property agreements, severance package offers, or any other contract your employer wants you to sign. Wage and Hour Disputes California labor law has clear rules about the minimum wage employees must be paid and what activities they must be paid for. If your employer requires you to attend community events, public relations activities, marketing opportunities, seminars, conferences, or other activities outside of the office, you are entitled to pay for this time. Our lawyers can also help you enforce pay you are owed for overtime, shift differentials, bonuses, commissions, and other forms of compensation. Sexual Harassment Employees have the legal right to enjoy a safe workplace free from sexual harassment. Before you report harassment to HR, consult with your own lawyer about your legal rights. HR and the company's legal department are there to protect the company's legal rights, not yours. Our lawyers can help you document the offenses, report them to the company properly, hold the company accountable for taking appropriate action, and enforce your rights in... --- > Discrimination at work can result in financial and emotional losses to employees. The law gives you rights, so consult with Oakland discrimination attorneys today. - Published: 2022-01-26 - Modified: 2022-01-26 - URL: https://www.minnisandsmallets.com/citystate/oakland-discrimination-attorneys/ Oakland Discrimination Attorneys Knowing that you have been discriminated against by your employer or anyone in your workplace can cause anyone to feel immensely unsafe and vulnerable. Understandably, this can be very distressing and stressful to deal with. But you should know that you have legal options. If you believe that you’ve been targeted and discriminated against in your workplace, you can count on the experienced Oakland discrimination attorneys of Minnis & Smallets to get you through this very difficult time. What to Know About Employment Discrimination Put simply, discriminating against someone means treating that individual less favorably or differently. Under the Fair Employment and Housing Act (FEHA) and the Equal Employment Opportunity Commission (EEOC), discriminating against a protected group or class of job applicants or employees is unlawful. This includes any kind of discrimination based on: National origin Race Religion Pregnancy Age Color Ancestry Medical condition Marital status Physical or mental disability Genetic information Gender Sex or sexual orientation Gender, gender expression, or gender identity Veteran or military status What Discrimination Can Look Like Discrimination is usually subtle. Because employers know that it can result in lawsuits, they are very careful to avoid doing or saying anything too obvious or putting anything in writing. But there are many signs of discrimination to watch out for, such as the ones below: Sudden changes in how an employer treats an employee upon learning that the employee is a protected class Being excluded from events and meetings Reduced pay or work hours... --- > Employers in California can violate labor laws in many ways that cause losses to employees. Anyone who has concerns should speak with a wage and hour attorney near you. - Published: 2022-01-26 - Modified: 2022-01-26 - URL: https://www.minnisandsmallets.com/citystate/wage-and-hour-attorney-near-me/ Wage and Hour Attorney Near Me All employees in California have the right to proper compensation when their employers violate the hour and wage laws. If you are one of the many employees who believe that your employer has violated or is still violating these laws, the wage and hour attorney of Minnis & Smallets is here for you. We can investigate the violation and determine the best options for your situation. Wage and Hour Laws in California Broadly speaking, these laws apply to all non-exempt California employees. This means that some of the laws regarding meal or rest breaks and overtime may not apply to individuals who are independent contractors and exempt employees. These wage and hour laws include: Minimum Wage – The current minimum wage in California is $14 for employers that employ up to 25 people and $15 for employers that employ 26 or more people. Overtime Pay – Overtime includes any work after eight hours each workday or 40 hours each week. Overtime pay must be one and ½ times the employee’s hourly rate. Likewise, any work after 12 hours each workday must be paid twice the employee’s hourly rate. Meal and Rest Breaks – Employers must provide employees working more than five consecutive hours with a 30-minute, unpaid meal break. They must also provide employees with a paid, 10-minute rest break for every four hours worked, if possible, during the employee’s work period. Leaves – Employers must provide employees with certain time off or leaves,... --- > There are many ways that employers can deny you your rightful wages, and you can take legal action to protect your rights. Consult with a San Jose wage and hour lawyer about your situation. - Published: 2021-12-20 - Modified: 2021-12-20 - URL: https://www.minnisandsmallets.com/citystate/san-jose-wage-and-hour-lawyer/ San Jose Wage and Hour Lawyer It is every employee’s expectation that once they have shown up and done the work they have been hired to do, they will get paid at the end of each pay period. This routinely happens but there are also times when that is not the case. At Minnis & Smallets, our attorneys help employees and workers to recover unpaid wages and other earned income. Being paid for the work done is not just an expectation - it is a right under California law, which provides that every employee has a right to be paid the wages they have earned. Unfortunately, there are times when a dispute comes up between an employer and employee regarding whether the employee has been paid all the money they are owed for the hours they worked. If the answer is no, at least according to the employee, then that employee has rights under the law to take action and get their unpaid wages. Always do so with the help of our experienced San Jose wage and hour lawyers. Wages Employees are Entitled to be Paid The payment of wages by employers in California is regulated by the state under a law that defines “wages” as money or another thing of value that is received by a worker or employee as compensation for work done for the employer. Any employer who fails to pay wages to any employee who has earned them could be ordered to pay all unpaid wages,... --- > Employment contracts might seem straightforward, but you want a lawyer to review any agreement before you sign it. Speak with contract review lawyers in San Francisco about your contract. - Published: 2021-11-21 - Modified: 2024-06-14 - URL: https://www.minnisandsmallets.com/citystate/contract-review-lawyer-san-francisco/ Contract Review Lawyer San Francisco There are many different types of contracts associated with employment. Employees have the right to have the contracts reviewed by their own attorney. This is an important right to exercise - because an employer is the other party to the contract, their legal interests do not align with the employees. Employees cannot expect to get unbiased legal advice from the company’s legal or HR departments. The contract review lawyers in San Francisco at Minnis & Smallets are here to help protect all employees’ contractual rights. Offers of Employment and Employment Contracts A written offer of employment can be binding on an employer. This means that the prospective employee has certain contractual rights if the offer is withdrawn without good cause. Employment contracts are also enforceable against an employer. Because a contract is more detailed than an offer letter, there are more rights to be enforced. Employment contracts clearly state the terms and conditions of employment. If the employer fails to honor any specific provisions, the employee may sue the employer for breach of contract. Often, however, an employer will work with an employee’s attorney to settle the dispute outside of court. Contract Renewals Many employment contracts are renewed with simple boilerplate forms on an annual basis. These forms do not protect your rights, and they do not account for any changes in circumstance that could affect your contractual rights and obligations. Consult with an employment lawyer before your existing contract expires about any changes that... --- > California laws protect employees, but employers still violate the rights of those in the workforce in different ways. Discuss any concerns with labor and employment lawyers near you. - Published: 2021-11-20 - Modified: 2021-11-19 - URL: https://www.minnisandsmallets.com/citystate/labor-and-employment-lawyer-near-me/ Labor and Employment Lawyer Near Me Employees in California have many rights in the workplace. In addition to rights protected by federal law, California state law has some of the most comprehensive workplace protections in the entire country. It is important to get legal advice from your own attorney about your employment rights. Your employer is protecting its own legal interests - not yours. Learn more about your legal rights regarding your employment, and reach out to labor and employment lawyers near you for help. Workplace Discrimination The law prohibits discrimination in employment based upon a protected characteristic (such as race, color, national origin, religion, or gender). Discrimination is any change in the terms or conditions of your employment, including pay, hours, scheduling, opportunities for advancement, and even termination. Gender discrimination also covers pregnancy, childbirth, breastfeeding, and related medical conditions. Sexual Harassment Sexual harassment is a prohibited form of gender discrimination because the victim is being treated differently based upon their gender. Employers have a legal obligation to stop and prevent harassment in a workplace. Sexual harassment can be based on an employee’s gender, sexual orientation, and gender identity or expression. Wrongful Termination There are many lawful reasons for terminating a worker’s employment, but there are also certain reasons that are prohibited. For example, termination based on race, religion, national origin, or gender is prohibited discrimination. Employees who are protected whistleblowers also cannot be fired for making reports of unlawful activity. If you have been wrongfully terminated, an employment lawyer... --- > Too many employers violate California labor laws, resulting in unpaid wages and other issues to employees. If you have concerns, consult with wage and hour attorneys near you today. - Published: 2021-10-26 - Modified: 2021-10-26 - URL: https://www.minnisandsmallets.com/citystate/wage-and-hour-attorneys-near-me/ Wage and Hour Attorneys Near Me Some of the most common employment disputes involve underpayment. Often, this is the result of a discrepancy in the employee’s hours or wages, and it is important for employees to invoke their right to be fairly paid for all hours that are worked. This helps ensure that other employers will not get away with paying workers less than they are owed. A quick search for wage and hour attorneys near you will show many excellent reviews of the experienced employment lawyers at Minnis & Smallets. We work hard to protect employees’ rights in the workplace. Common Wage and Hour Issues There are many ways that an employer can attempt to get out of paying workers what they are lawfully owed. Some of the most common wage and hour issues involve: Employees being wrongfully classified as independent contractors Mandatory work outside of regular hours that is not paid (working from home, training, community events, etc. ) Overtime disputes Minimum wage and tips Rest and meal breaks Payment of bonuses or commissions Deferred income or other benefits (such as stock options) that are part of the employee’s compensation package How Workers Can Protect Their Legal Right To Be Paid For Their Work The most important thing a worker can do to protect the right to be paid is to hire their own lawyer. Remember, human resources and legal departments exist to protect the employer’s legal interest - not the employee’s. An experienced employment attorney can help... --- > There are many different ways that sex discrimination continues to happen in the workplace. Consult with sex discrimination lawyers in the Bay Area about your legal rights. - Published: 2021-06-22 - Modified: 2021-06-22 - URL: https://www.minnisandsmallets.com/citystate/sex-discrimination-lawyers-bay-area/ Sex Discrimination Lawyers Bay Area Issues concerning sex discrimination are still rampant in the modern workplace, despite the many federal and state laws in place prohibiting sex discrimination. While federal laws regarding sex discrimination offer poor protections for women and sexual minorities, California laws offer better protections and recognize gender expression and gender identity. If you are being unfairly discriminated against at work because of your sex, our experienced sex discrimination lawyers in the Bay Area can help. In the meantime, here’s a quick primer on sex discrimination laws all employees should know about. General Sex Discrimination Prohibitions In general, sex discrimination laws prohibit discrimination against applicants or employees for employment due to their sex. Sex discrimination broadly refers to discriminatory practices on the basis of gender identity, pregnancy, sex stereotyping, transgender status, and childbirth. For example, treating unwed women unfavorably, but not unwed men, who become parents is unlawful. Likewise, imposing differences in workplace terms, such as retirement age or retirement privileges and conditions, among others, based on the employee’s sex, or limiting job duties or classifications, are unlawful sex discrimination practices. Sex-Based Stereotyping Discrimination Employers are prohibited from making employment decisions based on traditional sex stereotypes, like how females and males are expected to act, speak, and look, etc. Broadly speaking, employers cannot treat employees adversely when an employee chooses not to conform to heteronormative gender expectations and stereotypes. For instance, employers cannot subject women to some type of penalty due to her clothing choices at work, including... --- > Many employment and labor laws protect California employees, yet companies continually violate these laws and the rights of their workforce. Seek help from a labor lawyer in San Francisco. - Published: 2021-04-20 - Modified: 2025-03-19 - URL: https://www.minnisandsmallets.com/citystate/labor-lawyer-san-francisco/ Labor Lawyer San Francisco When dealing with work issues, employees have their livelihood on the line. Work is also the place where they spend most of their waking hours. When their employer may be breaking the laws that protect them, they need legal help. A labor lawyer could help level the playing field when it seems like the employer has all of the power, and the worker has none. Labor laws give workers protections, so they are never powerless. No employee has to put up with illegal conduct and mistreatment on the job. They have the ability to take legal action to protect the rights that the law gives them. At Minnis & Smallets, our labor lawyers in San Francisco fight to protect employees when their employers have broken the law. Workplace issues can be complex, and we help people navigate them in a tailored way that depends on their own facts and circumstances. Different situations may call for different strategies, and we help workers through their own specific situations. Labor Attorneys Help with Difficult Workplace Situations Dealing with workplace issues is always frightening, and workers need the expertise that a labor lawyer can bring because they can look at each situation objectively with an understanding of the law. This is understandably not easy for an employee to do because they are in the middle of the situation every single day and worried about their income and career. We help clients in the following areas: Discrimination - Federal laws protect... --- > There are many reasons why employees can qualify for family and medical leave, but employers might still deny them leave or retaliate for leave requests. Contact an FMLA lawyer in San Mateo for help. - Published: 2021-04-20 - Modified: 2021-06-22 - URL: https://www.minnisandsmallets.com/citystate/fmla-lawyer-san-mateo/ FMLA Lawyer San Mateo The law allows employees to take time off when they experience individual or family medical situations. However, companies do not always respect these legal rights, placing their workers in a situation where they are trapped between their family and their job. The employer cannot interfere with a worker’s Family and Medical Leave Act (FMLA) rights. If they do, they can be legally liable. Where FMLA Applies FMLA protections apply to the following employers: Public agencies Schools Private employers with more than 50 employees The law allows workers to take up to 12 weeks of leave for things such as caring for a baby after birth, caring for a family member with a serious health condition, or dealing with the employee’s own serious health condition. When this happens, the employer must allow the employee to return to either the same position or one with the same salary, benefits, and employment terms as their original job. Anything less could be considered discrimination and could result in government enforcement action or a discrimination lawsuit. What Employers Are Forbidden to Do Under FMLA The reality is that many employees still find it difficult to exercise their FMLA rights. If the company allows them their leave, they find out that their rights are violated when they try to return to work. They could be in a position where they are being pressured not to take the time that they are legally entitled to use. According to the law, employers cannot: Refuse... --- > Workplace harassment continues to be a big problem despite strict laws against it. If you experience this conduct at work, do not wait to contact harassment attorneys in San Francisco for help. - Published: 2021-03-30 - Modified: 2023-09-27 - URL: https://www.minnisandsmallets.com/citystate/harassment-attorneys-san-francisco/ Harassment Attorneys San Francisco When the term “workplace harassment” is mentioned, many people think of sexual harassment. But there is a wide range of other types of harassment that are also prohibited by law. It is important for workers to understand and enforce their right to be free from all types of harassment in the workplace. When they do not, harassment is allowed to continue, and other employers might feel emboldened to allow unlawful harassment to continue in their workplaces, as well. Workplace harassment claims make the workplaces of California safer for all employees, and you should speak with harassment attorneys in San Francisco right away. What is Workplace Harassment? There are many federal laws that prohibit discrimination in the workplace. The Civil Rights Act of 1964 prohibits discrimination based upon race, color, religion, or national origin. The Age Discrimination Act of 1967 prohibits discrimination based upon age against an employee who is forty years of age or older, and the Americans with Disabilities Act of 1990 prohibits discrimination based upon an employee’s disability. Many workers think that discrimination prohibited by these laws must be unlawful termination, or demotions, or a lower rate of pay, or other changes in the term and conditions of employment. Those acts are prohibited - but so is harassment based upon these protected attributes. So what is harassment? The law considers harassment to be unwelcome, offensive conduct that creates an intimidating, hostile or abusive work environment. The conduct can also be unlawful if the employee... --- > There are many different ways that employers can engage in unlawful discrimination based on gender. Never hesitate to discuss concerns with a gender discrimination lawyer in the Bay Area. - Published: 2021-03-30 - Modified: 2021-06-22 - URL: https://www.minnisandsmallets.com/citystate/gender-discrimination-lawyer-bay-area/ Gender Discrimination Lawyer Bay Area There are many forms of gender discrimination that an employee can suffer from in the workplace. California has some of the most comprehensive gender protections for workers in the entire country. It is important for workers to understand their rights so that they may take action to enforce them. There are many state and federal laws that work to protect employees by prohibiting gender discrimination on the job, and employees should seek help from a gender discrimination lawyer in the Bay Area. Pregnancy Discrimination The Pregnancy Discrimination Act of 1978 was an expansion of gender protections created under earlier laws. The Civil Rights Act of 1964 prohibited discrimination on the basis of sex and the Pregnancy Discrimination Act recognized that employers who discriminate on the basis of pregnancy are actually discriminating on the basis of gender because only women can get pregnant. Any form of discrimination related to pregnancy (or related medical conditions) is a violation of federal law. This includes discrimination in pay or benefits, the ability to take medical leave, promotions or demotions, and other terms or conditions of employment. Even the refusal to make reasonable accommodations is a prohibited form of pregnancy discrimination. Pay Discrimination The Equal Pay Act was signed into law by President John F. Kennedy in 1963 - a full year before the Civil Rights Act. It requires equal pay for men and women who perform substantially similar jobs under similar working conditions. Pay includes the entire compensation package:... --- > Many employees experience offensive behaviors at work due to their gender, gender expression, or gender identity. Consult with gender harassment attorneys in San Francisco about your rights. - Published: 2021-03-10 - Modified: 2023-09-27 - URL: https://www.minnisandsmallets.com/citystate/gender-harassment-attorneys-san-francisco/ Gender Harassment Attorneys San Francisco Sexual harassment is the most common form of unlawful harassment in California workplaces, though harassment can occur based on other protected factors under the law, such as race, disability, or age. Gender harassment can also be common, and while it is often associated with sexual harassment, this is a different type of harassment. If you believe that you endured gender harassment at work, you should not delay in learning about your rights from gender harassment attorneys in San Francisco. What is Gender Harassment? Gender harassment is conduct at work that is offensive and targets an aspect of the employee’s gender. Such conduct might be based on: Gender identity - Your deeply-held inner belief of what gender you identify with, including male, female, or neither. Gender expression - How you present your gender identity through your external appearance and behavior, including voice, haircut, clothing, and more. Nonconformity with gender stereotypes - If your gender expression or identity does not match up with traditional societal norms, such as a male choosing to dress in a more effeminate manner. Pregnancy-related matters - Pregnancy discrimination and harassment can be a form of gender harassment, such as harassing a female employee about being pregnant or choosing not to get pregnant. While the understanding of gender has changed significantly over time, many people still hold outdated views of gender norms and expectations. Employees who do not conform to those expectations may be subjected to harassing and offensive behavior. What Conduct Constitutes... --- > You should never sign any type of legal contract without first understanding the terms and whether they are favorable. Let a severance agreement attorney in California review a possible contract. - Published: 2021-03-10 - Modified: 2024-06-14 - URL: https://www.minnisandsmallets.com/citystate/severance-agreement-attorney-california/ Severance Agreement Attorney California Losing your job can be a distressing experience, but it can be less concerning if your employer offers you severance pay following the termination. While it might be tempting to rush to sign a severance agreement and start receiving checks, you should always discuss the matter with an experienced severance agreement attorney in California before you sign anything. Severance agreements might have unfavorable terms, and you want to ensure your interests and rights are protected. Common Concerns with Severance Agreements Severance agreements generally center around severance pay, which might also be called termination or continuation pay. This is a lump sum or payments for a set period of time the employee receives from the company after the employment relationship is terminated. Agreements might also provide for COBRA benefits for a set time period after employer-provided health insurance ends. While this pay can certainly benefit the former employee, severance agreements tend to be in favor of the employer. This is because it is common for employers to add in terms to a severance agreement that are unfavorable to the employee and waive certain rights. Some terms that employers might include are: Non-disclosure agreement - This clause prohibits employees from disclosing trade secrets and other confidential information of the employer. Sometimes, these provisions are overly-broad, which can hurt the employee’s future ventures. Non-disparagement agreement - Many severance agreements make an employee promise not to say anything negative about the company in public, on social media, or even to... --- > The tech industry is known for being more difficult for women, as they often face discrimination in different ways. If you have concerns, consult with lawyers for women in tech near Palo Alto. - Published: 2020-12-18 - Modified: 2020-12-18 - URL: https://www.minnisandsmallets.com/citystate/lawyers-for-women-in-tech-near-palo-alto/ Lawyers for Women in Tech Near Palo Alto With the ever-changing environment that is the tech industry, more and more jobs are becoming available to keep up with the pace of growth, and more women are entering the male-dominated field. Diversity in the tech industry allows companies to create products that take society as a whole into consideration. Studies have shown that a focus on inclusion creates a better work environment where employees are engaged and perform better. Still, reports remind us that women remain underrepresented in tech roles and within tech companies. In a recent year, a report found that 50 percent of women in STEM careers said they experienced gender or sex discrimination at work, while only 19 percent of men reported the same. Additionally, 20 percent of women have said that their gender or sex makes it harder to be successful at work. Discrimination based on gender is illegal at both the federal and state levels. If you feel you have been discriminated against in the workplace, the lawyers for women in tech near Palo Alto can help you. Gender Discrimination in California Both the California Fair Pay Act and Equal Pay Act and the Fair Employment and Housing Act make discrimination in employment illegal, along with several federal laws. Under the FEHA, an employer cannot discriminate based on sex, gender, gender identity, or gender expression. Unlawful and discriminatory employment practices include: Refusing to hire based on sex or gender Providing different compensation for similar work based... --- > Knowing what to do after experiencing sexual harassment at work can be difficult. Let experienced sexual harassment attorneys in San Francisco evaluate your case and handle the process for you. - Published: 2020-12-18 - Modified: 2023-09-27 - URL: https://www.minnisandsmallets.com/citystate/sexual-harassment-attorneys-in-san-francisco/ Sexual Harassment Attorneys in San Francisco In California, workplace sexual harassment can take two forms. Quid pro quo harassment occurs when a superior such as a boss, supervisor, or manager requests that an employee engages in sexual conduct in exchange for a benefit at work. A hostile work environment is a type of harassment that creates an abusive work environment and is so severe or pervasive that the victim cannot properly complete the job. Hostile work environment harassment can be sexual in nature, although it can also be discriminatory and based on race, national origin, religion, etc. If you believe you have been subjected to either type of sexual harassment, contact trusted sexual harassment attorneys in San Francisco right away. Laws regarding Sexual Harassment Training in the Workplace The state of California requires that all employers with five or more employees provide sexual harassment training. One hour of sexual harassment and abusive conduct prevention training is required for all nonsupervisory employees, and two hours of training is required for all employees in supervising and managing positions. This training must include examples of harassment based on sexual orientation, gender identification, and gender expression. Additionally, employers are required to: Keep all employees’ training records for a minimum of two years. Provide all employees with a fact sheet produced by the Department of Fair Employment and Housing regarding sexual harassment. Develop harassment, discrimination, and retaliation prevention policies. Develop a complaint process that ensures discrimination complaints remain confidential and are timely and impartially investigated.... --- > Both federal and state laws provide employees with leave for specified medical and family purposes. If you are having a problem with your employer, call a medical leave attorney near San Mateo. - Published: 2020-12-18 - Modified: 2020-12-18 - URL: https://www.minnisandsmallets.com/citystate/medical-leave-attorneys-near-san-mateo/ Medical Leave Attorneys Near San Mateo While the birth of a child is a happy time in a person's life, it can often cause stress for those who are employed. Additionally, those with medical disabilities or family members who require medical care may find themselves in a state of worry. Often, those who must take leave for these reasons have questions regarding their finances and continued employment. Laws surrounding medical leave can be complex, and a misunderstanding could result in the loss of employment. To better understand the law and your rights regarding medical leave and whether they have been violated, you should consult with a medical leave attorney near San Mateo. Family and Medical Leave Act The Family and Medical Leave Act, or FMLA, is a federal law that provides certain employees with up to twelve weeks of unpaid leave per year. The law requires that an employee’s job and group health benefits be protected during the period of leave. The FMLA applies to public agencies, public and private elementary and secondary schools, and any company that employs fifty or more employees. Additionally, employees become eligible upon working for the employer for 12 months, with at least 1,250 hours of compensable work prior to the leave, and at a location where at least fifty employees are employed within 75 miles. California’s Laws Regarding Family and Medical Leave California’s Family Rights Act is the same as the FMLA in that 12 weeks of leave are available in a 12 month... --- > Employees in California have the right to certain family and medical leave, and your employer should not deny you valid leave. Consult with a San Jose FMLA discrimination lawyer about your situation. - Published: 2020-11-30 - Modified: 2021-06-22 - URL: https://www.minnisandsmallets.com/citystate/san-jose-fmla-discrimination-lawyers/ San Jose FMLA Discrimination Lawyers California employees have the right to take protected medical and family leave under both the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). In order to be protected, however, both the employee and the type of leave must be eligible. Employees must also clearly notify their employers of their intent to take leave that is protected by these laws. Learn more about these laws and how a San Jose FMLA discrimination lawyer can protect you from retaliation for exercising your legal rights. What Are My Rights Under FMLA? Under FMLA laws, eligible employees may take up to twelve weeks of job protected leave in a period of twelve months. The leave must be taken for one of the following reasons in order to be protected: The birth or adoption of a child, or a foster child placement in your home To bond with a child within one year of birth, adoption, or placement in your home To care for a child, parent, or spouse who has a serious health condition When the employee has their own serious health condition that keeps them from performing their job For qualified situations relating to overseas deployment of a spouse, child, or parent who is an active U. S. military member Employees must also be eligible for family and medical leave, which means they first must work for an employer covered by the law, which means the employer has at least 50 employees. They... --- > Some employers fire employees for unlawful reasons, and employees in this position have important rights. Learn about your options from an unlawful termination lawyer in Oakland. - Published: 2020-11-30 - Modified: 2020-11-30 - URL: https://www.minnisandsmallets.com/citystate/unlawful-termination-lawyers-oakland/ Unlawful Termination Lawyers Oakland Your employment is protected by state and federal laws. These laws protect you from having your employment terminated for prohibited reasons. If you suspect that you have been the victim of unlawful termination, it is important to consult with an unlawful termination lawyer in Oakland as soon as possible. Your attorney will need to work quickly to preserve evidence and ensure that you do not miss filing deadlines. Learn more about some of the most basic types of termination that are prohibited under federal employment laws. Termination Based on Race Title VII of the Civil Rights Act of 1964 protects employees all across the United States from discrimination in employment based upon their race. This applies to all terms and conditions of employment - including the termination of employment. It is rare for any employer to admit that it is, in fact, making employment decisions based upon an employee’s race. These actions are usually far more subtle. There may be some pretext for termination, such as arbitrary discipline or invented infractions. It can be hard to prove these cases. This is why it is so important to get an employment lawyer on your side who knows how to prove that a termination was unlawful. Termination Based on National Origin The Civil Rights Act prohibits discrimination that is based upon race, color, or national origin. This means that an employer cannot lawfully terminate your employment based upon the country that you or your ancestors came from. This... --- > Women should never experience discrimination at work due to pregnancy, childbirth, or related issues or conditions. Learn how a Bay Area pregnancy discrimination attorney can protect your rights. - Published: 2020-10-29 - Modified: 2022-01-27 - URL: https://www.minnisandsmallets.com/citystate/bay-area-pregnancy-discrimination-attorney/ Bay Area Pregnancy Discrimination Attorney The late Supreme Court Justice Ruth Bader Ginsburg left a powerful legacy of legal protections for women. One of the protections you might not be aware of is the prohibition on discrimination in employment based upon pregnancy. Ginsburg helped draft the Pregnancy Discrimination Act and lobbied successfully for it to be passed by Congress in 1978. Thanks to her tireless work in a difficult profession, workers across the country are protected in employment during their pregnancies. Learn more about how a Bay Area pregnancy discrimination attorney can help you enforce your right to be free from pregnancy discrimination in the workplace. Your Pregnancy Protections Under Federal Law The Civil Rights Act of 1964 prohibits employers from discriminating against any employee “on the basis of sex. ” The Pregnancy Discrimination Act amended this critical clause to include pregnancy, childbirth, and related medical conditions. As a result, an employer who discriminates against an employee because of pregnancy, childbirth, or any related medical condition is in violation of the Civil Rights Act of 1964. Federal law also protects the right to take leave for any medical condition - including pregnancy. The Family Medical Leave Act (FMLA) allows workers to take up to twelve weeks of unpaid leave in a twelve-month period without losing their position. This does not apply to all employers or employees, so consult with a pregnancy discrimination lawyer about your leave rights under federal law. Your Pregnancy Protections Under State Law The California Fair Employment... --- > There are many ways that an employer can discriminate against employees based on their gender or gender identity. Consult with gender discrimination attorneys in the Bay Area from Minnis & Smallets today. - Published: 2020-09-28 - Modified: 2020-09-28 - URL: https://www.minnisandsmallets.com/citystate/gender-discrimination-attorneys-bay-area/ Gender Discrimination Attorneys Bay Area While the fight for gender equality in the workplace has made headway in recent years, many employees continue to experience gender discrimination by their employers. Employment discrimination based on an individual’s gender is prohibited under California’s Fair Employment and Housing Act (FEHA), as well as Title VII of the Civil Rights Act of 1964, and victims of such discrimination have important legal rights. You should discuss any concerns about your treatment at work with experienced gender discrimination attorneys in the Bay Area. Forms of Gender Discrimination Like any type of employment discrimination, gender discrimination can arise in many different ways, and it is especially common in the tech industry and other fields around the Bay Area. Sometimes, it is glaringly obvious, while in other cases, employees might not be certain whether they experienced discrimination or not. Some common forms of this type of discrimination include the following: Refusing to hire someone because of their gender Denying promotions or pay increases to an employee based on their gender Paying an employee of one gender less than an employee of another gender for similar work Having employee policies that impact employees of different genders unfairly Allow harassment based on gender Terminating someone because of their gender Some companies tend to promote employees of one gender, while equally qualified employees of another gender have a more difficult time climbing the ladder. If your employer refuses to consider you for positions, promotions, and other benefits because of your gender,... --- > Sexual harassment at work is strictly unlawful, though it continues to be a problem for many employees in California. Learn how experienced sexual harassment lawyers in Alameda County can help. - Published: 2020-09-28 - Modified: 2020-09-28 - URL: https://www.minnisandsmallets.com/citystate/sexual-harassment-lawyers-in-alameda-county/ Sexual Harassment Lawyers in Alameda County Sexual harassment is conduct prohibited under both federal and California law as a form of prohibited sex discrimination. You have the right to work in Alameda County without being subjected to sexual harassment, which can create an abusive employment relationship and/or a hostile work environment. If you believe you have been the victim of sexual harassment at work, you need the right sexual harassment lawyers in Alameda County on your side and protecting your rights. Identifying Sexual Harassment It is all too common for employees to question whether what they experienced constituted unlawful sexual harassment. This is harassment based on any of the following: Sex or gender Sexual identity Sexual orientation Gender expression or non-conformity Traditionally, sexual harassment was considered to involve a male employee acting inappropriately and offensively toward a female employee. However, it is important to recognize that harassment based on an employee’s LGBT status or non-conformity to gender stereotypes is also prohibited by law as a type of sexual harassment. Unlawful sexual harassment also falls into one of two categories: Hostile work environment - When harassing conduct by anyone at work is so pervasive or offensive that a reasonable person would consider the work environment to be hostile, intimidating, or offensive. Conduct can include comments, gestures, unwanted touching, emails, photos, and much more. Quid pro quo harassment - A boss or authority figure conditions your future employment relationship on your willingness or not to engage in unwanted sexual conduct, or on... --- > Harassment at work can result in a hostile work environment, and it is important for employees to remember they have important legal rights. Call a workplace harassment attorney in San Francisco today. - Published: 2020-09-28 - Modified: 2023-09-27 - URL: https://www.minnisandsmallets.com/citystate/workplace-harassment-attorney-san-francisco/ Workplace Harassment Attorney San Francisco Employees in the San Francisco area - and throughout the United States - are protected from various forms of unlawful workplace harassment under state and federal anti-discrimination laws. However, too many people continue to be subjected to unlawful harassment that creates a hostile work environment. In some situations, the harassment might even cause an employee to quit their jobs. If you believe you are working in a hostile environment due to prohibited harassment, or you are considering leaving your job because of the conduct, you should not wait to discuss your options with a workplace harassment attorney in San Francisco. The legal team at Minnis & Smallets is ready to help. What is Unlawful Harassment? Employers cannot discriminate against employees based on several protected characteristics, and harassment is also unlawful when it is based on these same characteristics. In California, you are protected based on your: Race or color Ancestry or national origin Religion or creed Age (for employees age 40 and over) Mental or physical disability Sex or gender Pregnancy, childbirth, or breastfeeding Marital status Sexual orientation Gender identity or gender expression Military or veteran status Genetic information Medical conditions When harassment is based on any of the above, it could constitute unlawful conduct. Harassment can also involve many different types of conduct, such as: Sexually offensive or forward comments Ethnic or racial slurs Telling offensive jokes Mocking an accent Insults, ridicule, or humiliation Derogatory remarks or emails Stereotyping Intimidation or threats Showing offensive... --- > California has laws giving employees certain rights, including to specific family and medical leave. If your employer might have violated your rights, call a CFRA attorney in San Francisco. - Published: 2020-08-25 - Modified: 2023-09-27 - URL: https://www.minnisandsmallets.com/citystate/cfra-attorney-san-francisco/ CFRA Attorney San Francisco State law allows California workers to take medical leave without losing their jobs. It is important for employees to enforce this right, in order to eliminate discrimination and other violations of California labor law. Learn more from a CFRA attorney in San Francisco about your leave rights, how to take protected leave, and what to do if you believe your employment rights have been violated. What is CFRA? The California Family Rights Act (CFRA) is a state law that allows workers to take medical leave without losing their position. Once an employee has been with the employer of a certain size for twelve months and 1250 hours, he or she is eligible to take up to twelve weeks of leave in a twelve-month period. This leave can be taken all at once or on a staggered schedule. What Other Leave Rights Do I Have? In addition to CFRA, there is also a federal law protecting workers’ rights to take medical leave. This is the Family and Medical Leave Act (FMLA). Like CFRA, an employee must have twelve months and 1250 hours of service with an employer in order to be eligible for protected leave. This leave can also be staggered over a twelve-month period, but it is important to understand that, in most instances, FMLA and CFRA leave run concurrently. In most instances, you cannot “stack” FMLA and CFRA to get 24 weeks of leave in a calendar year. If your leave qualifies under both laws,... --- > The law gives certain employees the right to take leave for family or medical reasons. For help standing up for your rights, consult with Bay Area FMLA discrimination lawyers today. - Published: 2020-08-25 - Modified: 2020-08-25 - URL: https://www.minnisandsmallets.com/citystate/bay-area-fmla-discrimination-lawyers/ Bay Area FMLA Discrimination Lawyers California employees have the right to take protected leave under both state and federal laws. These laws also prevent retaliation or discrimination against employees who avail themselves of their legal rights. It is important to understand your legal rights and defend your right to take a leave of absence from your job without being discriminated against. This not only prevents discrimination in your workplace, but it also deters other employers from trying to ignore their employees’ legal rights. Contact our Bay Area FMLA discrimination lawyers. What is FMLA? The Family and Medical Leave Act (FMLA) allows an eligible employee to take up to twelve weeks of leave in a twelve-month period without losing his or her job. In order to be eligible, an employee must have twelve months and 1250 hours of service with an employer who employs 50 employees within a 75-mile radius of the employee’s work location. The employee must also document that the leave is for an eligible reason. Eligible reasons include serious medical conditions of the employee or providing care for a spouse, a parent, or a child with a serious health condition. A serious health condition requires proof of one of the following: Inpatient care and hospitalization Incapacity over three days with ongoing treatment by a healthcare provider Incapacity relating to prenatal care or pregnancy Certain conditions requiring multiple treatments Serious chronic health conditions Long-term permanent incapacity FMLA can also be taken after the birth, adoption, or foster care placement... --- > No one should have to deal with sexual harassment and offensive behavior while they are at work. If you believe you might have a legal claim, call Alameda County sexual harassment lawyers. - Published: 2020-07-24 - Modified: 2020-07-24 - URL: https://www.minnisandsmallets.com/citystate/alameda-county-sexual-harassment-lawyers/ Alameda County Sexual Harassment Lawyers If you have been the victim of sexual harassment at work in Alameda County, you have legal rights that must be protected. Enforcing your legal rights not only protects your right to feel safe in the workplace, but it also protects other innocent victims from being harassed in the future. Sexual harassment claims are an important deterrent to other employers who would allow inappropriate conduct in the workplace. They send the message that this behavior will not be tolerated and that employers have a legal obligation to ensure it does not continue once they are made aware of it. If you would like to discuss a possible claim, contact our Alameda County sexual harassment lawyers today. What is Sexual Harassment? In general, sexual harassment falls under one of two categories. “Quid pro quo” harassment occurs when the conditions of a person’s employment are made contingent on meeting sexual demands. These conditions of employment could be a promotion, a pay raise, or simply keeping your job. Sexual demands could be language, actions, threats, or many other types of inappropriate sexual behavior. The other type of sexual harassment is known as a hostile work environment. If a coworker or supervisor makes sexual comments, gestures, actions, or other inappropriate conduct, this can create a hostile work environment. Employers have a legal obligation to respond to a hostile work environment and stop inappropriate behaviors. If they do not, they can be held liable for allowing the hostile work environment... --- > If you experienced sexual harassment at work, you have important rights under the law. Set up a consultation with an experienced San Jose sexual harassment attorney right away. - Published: 2020-07-24 - Modified: 2020-07-24 - URL: https://www.minnisandsmallets.com/citystate/san-jose-sexual-harassment-attorneys/ San Jose Sexual Harassment Attorneys State and federal laws protect San Jose employees from sexual harassment in the workplace. It is important for employees to understand these rights so that they know how to respond to violations of these legal rights. A San Jose sexual harassment attorney can help you develop the legal strategy that is right for your situation. Understand that your HR department and the company’s lawyers are not on your side. Their only job is to protect the company from liability - including from your sexual harassment claim. Get a lawyer on your side to ensure that your legal rights are protected in the workplace. Quid Pro Quo Harassment Quid pro quo is a Latin phrase that means “this for that. ” In sexual harassment cases, it refers to a situation in which a supervisor requires sexual favors in exchange for preferential treatment or to avoid a negative outcome, such as being fired. The California Fair Employment and Housing Act (FEHA) governs sexual harassment claims arising in San Jose. It requires proof of the following for quid pro quo harassment: The employee experienced unwelcome sexual advances, demands, or comments; This unwelcome behavior came from a supervisor (either the employee’s direct supervisor or someone else who outranks the employee); and There was a tangible negative employment action as a result of rejecting the unwelcome sexual advances. Hostile Work Environment Harassment The other common type of sexual harassment is a hostile work environment. Unlike the quid pro quo, a... --- > Many employers do not comply with the law when it comes to family and medical leave for employees. If you need legal assistance regarding leave, contact an FMLA discrimination lawyer in Oakland. - Published: 2020-07-24 - Modified: 2020-07-24 - URL: https://www.minnisandsmallets.com/citystate/fmla-discrimination-lawyer-oakland/ FMLA Discrimination Lawyer Oakland Federal law protects your right to take leave from your job. There are certain requirements you must meet in order to be eligible for this protection, but if it applies, you cannot lose your position as a result of taking protected leave. Learn more about your leave rights under the Family Medical Leave Act (FMLA) by speaking with an FMLA discrimination lawyer in Oakland. Your Right to Take Leave Under State and Federal Law FMLA is a federal law that protects an employee’s right to take leave (in certain situations) for up to twelve weeks in a year without losing their job. It applies if: Your employer has fifty or more workers You have at least twelve months and 1250 hours of service with your employer You have a serious health condition, or you must care for a parent, spouse, or child with a serious health condition. FMLA also applies if a parent requests leave after the birth, adoption, or foster placement of a child. In Oakland, employees are also protected by state law. The California Family Rights Act also guarantees that eligible employees will not lose their positions for taking protected leave. Like the FMLA, the CFRA also applies only to employers with fifty or more workers. Employees must also have twelve months and 1250 hours of service in order to be eligible for CFRA leave. There are, however, some critical difference between the FMLA and CFRA: The CFRA covers employees of any state, county,... --- > If you believe you have experienced any form of unlawful discrimination at work, it is important to take action to protect your rights. Contact a San Francisco discrimination lawyer for help. - Published: 2020-06-15 - Modified: 2023-09-27 - URL: https://www.minnisandsmallets.com/citystate/san-francisco-discrimination-lawyers/ San Francisco Discrimination Lawyers There are many types of discrimination that are prohibited in the workplace. If you believe you have been discriminated against in the hiring process, in the terms and conditions of your employment, in disciplinary actions, or in the termination of your employment, it is important to consult with a San Francisco discrimination lawyer as soon as possible. Enforcing your right to be free from discrimination in the workplace will ensure that other innocent employees do not have to suffer discrimination in the future. Why Types of Workplace Discrimination Are Prohibited Under Federal Law? Title VII of the Civil Rights Act of 1964 makes it illegal for any employer to discriminate against an employee on the basis of race, color, religion, sex, and national origin. This applies to all employment decisions, such as recruitment, hiring, terms and conditions of employment, disciplinary action, and termination of employment. The Equal Pay Act of 1963 also makes it illegal to offer different wages or benefits on the basis of a person’s gender. This is tested by looking at employees who perform substantially similar work in the same establishment. The Age Discrimination in Employment Act of 1967 protects persons aged forty and older from discrimination based upon age, and discrimination based upon disabilities is prohibited under both the Americans With Disabilities Act and the Rehabilitation Act. What Types of Workplace Discrimination Are Prohibited Under State Law? California has some of the most comprehensive anti-discrimination laws in the nation. It is one... --- > Employers can violate the rights of employees in many different ways, and employees might have the right to take legal action to seek relief. Talk to a San Francisco employment attorney today. - Published: 2020-06-15 - Modified: 2023-09-27 - URL: https://www.minnisandsmallets.com/citystate/san-francisco-employment-attorneys/ San Francisco Employment Attorneys California workers have many employment rights under state and federal law. If you believe that your employment rights have been violated, it is important to consult with a San Francisco employment attorney as soon as possible. Your employer may attempt to destroy evidence or create a pretext in order to defeat your claim. The sooner you have an attorney on your side, the better protected your legal rights will be. Wrongful Termination and Severance Packages The law prohibits employment discrimination based upon race, color, religion, sex, and national origin. It is illegal to fire an employee for these reasons. It is also illegal to retaliate against protected whistleblowers by firing them. There are other protections in the law. If you believe you have been wrongfully terminated, it is important to consult with a lawyer about your particular circumstances. There is no legal requirement for California employers to offer severance pay when a worker is fired. You may, however, be entitled to severance pay under the terms of a union agreement, employment contract, employee handbook, or another document. Employers may also offer severance packages to employees in exchange for a written promise not to sue for wrongful termination. If you are offered such a package, it is important to have an attorney review the agreement. You might be signing away important legal rights. Discrimination Workplace discrimination is prohibited under both state and federal laws. This applies to all aspects of the employment relationship: recruitment, hiring decisions, the... --- > Too many employees in California continue to experience gender discrimination. Learn the many ways our experienced Bay Area gender discrimination attorneys can protect your rights under the law. - Published: 2020-05-22 - Modified: 2020-05-22 - URL: https://www.minnisandsmallets.com/citystate/bay-area-gender-discrimination-attorneys/ Bay Area Gender Discrimination Attorneys According to recent research, 42 percent of working women and 22 percent of working men have faced some sort of discrimination in the workplace based on gender. Some people may see these numbers as insurmountable. As dedicated Bay Area gender discrimination attorneys, we believe that swift legal action can allow employees who have been subjected to discrimination to get the compensation they deserve, make discriminatory employers face justice, and discourage others from engaging in discriminatory practices. What is Gender Discrimination? The term “gender discrimination” can have many meanings depending on the context. When it comes to employment law, gender discrimination refers to the act of an employer treating employees differently based on their gender identities, which is unlawful under federal and state laws prohibit gender discrimination in the workplace. Many different laws may apply to aspects of gender discrimination, including: Title VII of the Civil Rights Act of 1964 (Federal) The Equal Pay Act of 1963 (Federal) Fair Employment and Housing Act (California) California Family Rights Act (California) New Parent Leave Act (California) Gender discrimination is closely tied to discrimination based on sex or sexual orientation. A person’s sex is biological, gender is a means of expressing and identifying oneself, and sexual orientation refers to a person’s attraction to other people. Because these identities often intertwine, so does discrimination based on these identities. That’s why it’s vital to hire Bay Area gender discrimination attorneys who understand the nuances in these terms. Examples of Cases that... --- > Many employers violate the rights of mothers who recently had a child or adopted a child. You should discuss your concerns with experienced San Francisco maternity leave attorneys right away. - Published: 2020-05-22 - Modified: 2023-09-27 - URL: https://www.minnisandsmallets.com/citystate/san-francisco-maternity-leave-attorneys/ San Francisco Maternity Leave Attorneys Bringing a child into your family is a life-changing time, and it can take several weeks or months to adjust to your new normal. Depending on the situation, new parents may need this time to physically heal, bond with the child, and get into a new routine. It’s important for expectant parents to know their rights and contact San Francisco maternity leave attorneys if an employer violates those rights. California Maternity Leave Laws California law requires certain employers to allow parents to take leaves of absence from their jobs in certain circumstances. The amount of leave and which employers must grant it depend on what type of leave the employee needs to take. When it comes to pregnancy, childbirth, and new children, three types of leave may apply: Pregnancy Disability Leave: Organizations that employ at least five people must grant pregnancy disability leave if an employee is disabled as a result of pregnancy, childbirth, or a related condition. This leave may last up to four months. Family and Bonding Time Leave: This requirement allows all parents to take up to 12 weeks of leave after bringing a new child into the family. The state law applies to employers with at least 20 employees who live within 75 miles of the worksite, and only if the employee worked at least 1,250 hours in the preceding 12 months. Leave as Reasonable Accommodation: No two families are exactly alike. Sometimes, that means that a parent needs additional time... --- > If you think you are being unlawfully harassed at work, it can be difficult to know how to proceed to protect your rights. Let experienced harassment lawyers in San Francisco evaluate your situation. - Published: 2020-05-22 - Modified: 2023-09-27 - URL: https://www.minnisandsmallets.com/citystate/harassment-lawyers-in-san-francisco/ Harassment Lawyers in San Francisco Despite laws and company policies that strictly prohibit harassment in the workplace, thousands of people experience some form of harassment at work every year. These violations deeply impact the target of the abuse, other people within the organization, and the business itself. People who are affected by harassment in the workplace should know their rights and contact harassment lawyers in San Francisco who can help hold perpetrators accountable. What is Workplace Harassment? Mistreatment and harmful behavior in the workplace are wrong, but it does not necessarily constitute “harassment” in a legal sense. In order for this behavior to rise to the legal standard of harassment, it must be based on a protected class of the target. Protected classes include a person’s: Race, color, national origin, and ancestry Gender identity, gender expression, sex, and sexual orientation Disability status, medical conditions, or genetic information Religion Age (over 40 years of age) Veteran or military status Marital status Requests for family leave, leave for health conditions, or pregnancy disability leave Reporting abuse in certain institutions Any mistreatment in the workplace based on these characteristics is harassment. The perpetrator does not have to explicitly call out one of these traits, as many forms of harassment are less explicit than direct comments about a person’s protected class. What is Sexual Harassment? When most people hear the term “workplace harassment,” sexual harassment is the first thing to come to mind. Sexual harassment is any form of harassment with any sex-related component.... --- > Many employees want to come forward and report their employers for unlawful or unethical conduct. You should not wait to discuss the matter with Alameda whistleblower protection lawyers. - Published: 2020-05-22 - Modified: 2020-05-22 - URL: https://www.minnisandsmallets.com/citystate/alameda-whistleblower-protection-lawyers/ Alameda Whistleblower Protection Lawyers If you see something illegal in your workplace, what do you do? What about if someone at work asks you to be complicit in these activities? As a law-abiding citizen, you may want to report this behavior, but you may be concerned about losing your job. These situations call for quick, legally sound action to protect your rights. Alameda whistleblower protection lawyers can help. What is Whistleblowing? When someone witnesses or is asked to comply with illegal activity in the workplace, he or she may have the moral fortitude to report the illegal activity to the proper authorities. When someone goes through with this reporting, they are known as a whistleblower. A whistleblower may bring many types of issues to light, including: Violations of federal, state, or local laws Unsafe, hostile, or otherwise unhealthy working environments Refusal to comply with regulations The exact nature of the violation dictates which authority the whistleblower should report to. For example, an employee may first report unsafe working conditions to a supervisor in order to get an issue corrected. If nothing changes, it may be necessary to escalate the situation and report the issue to government agencies, such as the Occupational Safety and Health Administration. Other situations may call for reports to state or local government agencies, federal law enforcement agencies, or third-party supervising organizations. Whistleblowers may report any type of misconduct in the workplace. Some of the most common violations that whistleblowers report are: Fraud regarding accounting, billing, or... --- > Many employees experienced discrimination, harassment, or retaliation because of pregnancy-related matters. Discuss your concerns with a pregnancy discrimination attorney in San Francisco today. - Published: 2020-05-05 - Modified: 2023-09-27 - URL: https://www.minnisandsmallets.com/citystate/pregnancy-discrimination-attorneys-san-francisco/ Pregnancy Discrimination Attorneys San Francisco While pregnancy discrimination has been illegal for many years, unfortunately, some California employees still suffer discrimination as a result of pregnancy. In the fast-paced San Francisco industries such as technology, law, and finance, some women find that their careers are hampered as a result of pregnancy-based discrimination. Learn more about your right to be free from discrimination based on pregnancy in a San Francisco workplace. State and Federal Pregnancy Discrimination Laws The Pregnancy Discrimination Act of 1978 was an amendment to the Civil Rights Act of 1964. The Civil Rights Act prohibited discrimination in employment “on the basis of sex. ” The Pregnancy Discrimination Act then expanded this protection to include discrimination on the basis of pregnancy, childbirth, or related medical conditions. The Pregnancy Discrimination Act specifically states that women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes as non-pregnant employees. It applies to employers with fifteen or more employees. California law also prohibits employers from discriminating against any person based upon pregnancy. The Fair Employment and Housing Act applies to employers with five or more employees. This means that it is more widely applicable than the federal statute, and more Californians benefit from its protections. Pregnancy Leave under FMLA and CFRA In addition to protections against discrimination, you also have the right to take pregnancy leave without losing your position. The federal Family Medical Leave Act applies once you have worked for twelve months and... --- > Many employees who are brave enough to report unlawful conduct of their employers are terminated or experience other forms of retaliation. Call a San Francisco whistleblower lawyer for help today. - Published: 2020-05-05 - Modified: 2024-06-14 - URL: https://www.minnisandsmallets.com/citystate/san-francisco-whistleblower-lawyer/ San Francisco Whistleblower Lawyer California employees who report wrongdoing have protections under whistleblower laws. It is important to understand these rights and enforce them. When employers get away with retaliation, it discourages future whistleblowers from coming forward. By enforcing your legal right to report wrongdoing, you are making all the workplaces of California a safer place for employees. A civil lawsuit can also protect you from any financial losses you suffer as a result of unlawful retaliation by your employer. California Whistleblower Laws California law provides strong protection for whistleblowers. California Labor Code section 1102. 5 prohibits an employer from retaliating against an employee for reporting – either internally or externally to a government agency – information that the employee reasonably believes to show conduct that violates the law. Under this law, whistleblowers who disclose information about their employer’s unlawful conduct – such as discrimination, wage and hour violations, or safety violations – are protected from retaliation. In addition, a number of government agencies have whistleblower protection programs. For example, the Occupational Safety and Health Administration maintains a whistleblower program to protect employees who report specific violations of statutory workplace safety rules. No employer can take adverse action against an employee for engaging in activities protected by OSHA’s whistleblower protection laws. “Adverse actions” can include firing, demotions, cutting pay or hours, denying benefits, and other subtle tactics. It can also include blatant harassment or threats. The California Whistleblower Protection Act affords protections to state employees. This Act protects state employees... --- > Employers often engage in unlawful sex discrimination, which can take many forms. You should never wait to discuss what happened to you with a sex discrimination lawyer in Oakland who can help. - Published: 2020-05-05 - Modified: 2020-05-05 - URL: https://www.minnisandsmallets.com/citystate/sex-discrimination-lawyers-oakland/ Sex Discrimination Lawyers Oakland State and federal laws prohibit employers from engaging in discrimination based upon an employee’s sex or gender. California state law goes even further and expressly prohibits discrimination against employees who are transgender or gender-nonconforming. The law also prohibits harassment of an employee for these same reasons. Collectively, these laws create some of the strongest protections against sex-based discrimination in the entire country. Here are some of the strong sexual discrimination and gender identity protections created by California law: You cannot be paid less due to your gender. California had one of the earliest equal pay laws in the United States. It enacted the Equal Pay Act in 1949, and in 2015, this law was strengthened by the California Fair Pay Act. Among other important protections, the Fair Pay Act made it more difficult for employers to justify pay inequalities between employees of different genders. You cannot be discriminated against due to pregnancy. Discrimination based upon pregnancy is, in effect, discrimination based upon the fact that the employee is a woman. At the federal level, the Pregnancy Discrimination Act of 1978 made this clear. Employees who are discriminated against due to pregnancy have a legal claim for gender discrimination. You cannot be sexually harassed. Sexual harassment has long been treated as a form of prohibited sex discrimination. This is because sexual harassment changes the terms and conditions of employment-based upon the victim’s sex or gender. State and federal law both prohibit sexual harassment in the California workplace.... --- > There are a wide variety of legal issues that can have an impact on women working in tech. For help, call a San Francisco lawyer for women in tech to schedule a consultation. - Published: 2020-03-26 - Modified: 2023-09-27 - URL: https://www.minnisandsmallets.com/citystate/san-francisco-lawyers-for-women-in-tech/ San Francisco Lawyers for Women in Tech Women employed in the technology sector face a wide variety of difficulties in the workplace. California employment law has been amended in recent years to deal with the specific challenges facing women in technology. Now, even venture capital relationships are protected under California’s sexual harassment law. These statutes are the start of an important change in technology workplace culture. But it is still important for brave women to speak up and hold tech employers accountable for violations of California employment law. Here are some of the most common legal issues facing California women who are employed in the tech sector: Sexual Harassment Sexual harassment in the workplace is prohibited under both federal law (through Title VII of the Civil Rights Act of 1964) and state law (through the California Fair Employment and Housing Act). California law expands sexual harassment protections beyond what is prohibited by federal law. For example, state law specifies that sexual desire does not need to be the motivation for the offensive conduct, it may also be based upon the actual or perceived sex or gender identity of the employee, actual or perceived sexual orientation, and/or pregnancy, childbirth, or related medical status of the employee. Sexual harassment violations can be reported to the California Department of Fair Employment and Housing, including with the assistance of an attorney. Employees who witness these violations can also file a lawsuit against their employers. Pregnancy The Pregnancy Discrimination Act of 1978 amended the Civil... --- > Federal law grants employees the right to take leave under certain circumstances. If you believe your employer is violating your rights, call us today to schedule a consultation with a San Francisco employment attorney. - Published: 2020-03-26 - Modified: 2023-09-27 - URL: https://www.minnisandsmallets.com/citystate/fmla-attorney-san-francisco/ FMLA Attorney San Francisco Federal law protects American workers’ rights to take limited leave for medical reasons without losing their jobs. It is important for employees to understand and enforce these rights. The rights were enacted by Congress to allow workers the right to take medical leave when it is needed and to support family members when they are facing medical issues. These rights are further supplemented by California state law. If you believe your employer is violating these rights, schedule a consultation with a San Francisco FMLA attorney. What FMLA Protects FMLA allows eligible employees to take up to twelve weeks of job-protected unpaid leave in a twelve-month period. Group health coverage benefits must continue, and the employee cannot lose his or her position as a result of taking this protected leave. The following circumstances qualify an eligible employee for protected leave under FMLA: the birth of a child and to care for the newborn child within one year of birth; the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement; caring for the employee’s spouse, child, or parent who has a serious health condition; a serious health condition that makes the employee unable to perform the essential functions of his or her job; any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty”. Additional military caregiver leave... --- > Sometimes, it can be difficult to know whether your employer violated your rights when you got fired. You should have a San Francisco unlawful termination lawyer evaluate your case and advise you of your options. - Published: 2020-03-26 - Modified: 2023-09-27 - URL: https://www.minnisandsmallets.com/citystate/san-francisco-unlawful-termination-attorney/ San Francisco Unlawful Termination Attorney There are many reasons an employer might terminate a worker’s employment. Under the California rule of at-will employment, many of these are lawful, but an employer cannot terminate an employee for a prohibited reason. These are important prohibitions. Years of discrimination and civil rights violations have led to unfair employment practices based on race, gender, disability, and other factors. When a San Francisco unlawful termination attorney holds employers accountable for unlawful termination, it is less likely that other California employers will try to unlawfully terminate other workers’ employment in the future. When Termination is Unlawful Federal law has identified many specific reasons that cannot be a basis for terminating employment. These include: The employee’s race (Title VII of the Civil Rights Act of 1964) The fact that the employee is pregnant or has given birth (Pregnancy Discrimination Act of 1978) The fact that the employee is aged forty or older (Age Discrimination in Employment Act) An employee’s disability, if the individual is otherwise qualified to perform the job (Americans with Disabilities Act of 1990) California state law also expands these protections to various other categories. In addition to these categories, employers are generally prohibited from terminating employment because the employer reported violations of employment law to federal, state, or local employment authorities. This is known as retaliation. Proving an Employer’s True Motives One of the most common problems an employee faces in an unlawful termination case is proving an employer’s true motives for firing the... --- > Employers may not discriminate against you based on your gender or related characteristics. If you were the victim of discrimination, consult with a San Francisco gender discrimination lawyer. - Published: 2020-02-20 - Modified: 2023-09-27 - URL: https://www.minnisandsmallets.com/citystate/san-francisco-gender-discrimination-lawyer/ San Francisco Gender Discrimination Lawyer Legally and ethically, employees should be provided with opportunities in the workplace that are based on their abilities and experience, not their gender or gender stereotypes. Unfortunately, not all managers share this philosophy, and their employees are negatively impacted because of it. A San Francisco gender discrimination lawyer from Minnis & Smallets can help you if you believe you are the victim of workplace gender discrimination. What Constitutes Gender Discrimination? Generally, workplace gender discrimination occurs when an employee is denied a right based on their gender that they would otherwise qualify for. It is treating employees differently, merely based on their gender. Workplace gender discrimination in the state of California can take on several forms. Some of the most common are: Refusing to hire a potential job candidate Firing or discharging an employee Denying an employee reinstatement Forcing an employee to quit Harassing employees Refusing to choose someone for a training program Discriminating against a person by way of compensation or conditions of their employment Writing employees up or disciplining them for something employees of a different gender do not get punished for Being denied a job, forced out on leave, or given fewer work hours or assignments because of a pregnancy If you have experienced any of the above or other actions that you feel are discriminatory against you because of your gender, discuss the circumstances with an experienced San Francisco gender discrimination attorney. Your employer may be breaking the law, and you could... --- > There are many reasons why employees might need to report unethical or unlawful conduct on the part of their employer. Let a whistleblower retaliation attorney in San Francisco protect your rights. - Published: 2020-02-20 - Modified: 2025-02-07 - URL: https://www.minnisandsmallets.com/citystate/whistleblower-retaliation-attorney-san-francisco/ Whistleblower Retaliation Attorney San Francisco Employers who have employees who speak up when they know of illegal activities taking place at work should consider themselves lucky. Sadly, many do not. Instead of a reward or praise, employees who report wrongs in the workplace suffer harassment, unwanted transfers, or termination. Despite what they think, employers do not have the upper hand in these situations. Many act as if they do, but your legal rights trump their cover-up of illegal activities. Although, you may need assistance to prove this to them. If you blew the whistle on unlawful activity such as corruption in your workplace and were faced with negative consequences, we encourage you to contact an experienced whistleblower retaliation attorney in San Francisco. Who is a Whistleblower? Under California law, a whistleblower is an employee who gives information to the government or a law enforcement agency. The information they provide is related to at least one of the following: A violation of a state or federal statute A breach or refusal of a state or federal rule or regulation In reference to employee safety or health, unsafe working conditions, work practices in the employee’s employment or place of employment A whistleblower reports illegal behaviors such as: Sexual harassment or discrimination Sexual assault or battery Wage and hour violations Other conduct that the employee believes to be unlawful What Employer Actions are Considered Retaliation? Whistleblowers are protected under the California Whistleblower Protection Act. This act protects each employee who files a complaint... --- > Employees in California are entitled to leave for qualified reasons under state and federal law. If you are wrongfully denied leave, discuss your rights with a Bay Area CFRA attorney as soon as possible. - Published: 2020-02-20 - Modified: 2020-02-20 - URL: https://www.minnisandsmallets.com/citystate/bay-area-cfra-attorneys/ Bay Area CFRA Attorneys Certain state and federal laws grant protections to employees in California. If you suspect that your employer is not adhering to these laws, you should reach out to the experienced Bay Area CFRA attorneys at Minnis & Smallets. If you have been denied medical leave or even fired for taking leave, you may have a valid legal claim. Our attorneys are experienced in determining if employers are out of line and will hold them accountable for their actions. What is the California Family Rights Act? The California Family Rights Act (CFRA) provides some California employees the protection to take family care or medical leave without punitive measures or losing their job. It is one of several laws that ensure employees can take care of themselves and their families when they need to without fearing retaliation from their employer. Even still, there are employers in this state that either decide to ignore the CFRA or to not adhere to its provisions. The result may be unlawful termination and the violation of important employee rights. If these circumstances sound familiar, you can count on Bay Area CFRA lawyers at Minnis & Smallets to provide you with the legal representation you deserve. Your Rights Under CFRA The CRFA shares many characteristics of the federal Family and Medical Leave Act (FMLA). Both provide eligible employees up to 12 weeks of unpaid medical leave annually to attend to their own health problems, care for a newborn or foster child, or to... --- > Certain employees are eligible to take leave for specific family or medical reasons. If your employer interferes with these rights, speak with our San Francisco FMLA discrimination attorneys. - Published: 2020-01-24 - Modified: 2023-09-27 - URL: https://www.minnisandsmallets.com/citystate/san-francisco-fmla-discrimination-attorneys/ San Francisco FMLA Discrimination Attorneys Protecting the Rights of San Francisco Employees to Family and Medical Leave Many employees in the San Francisco Bay Area qualify for a leave of absence from work for medical reasons, as specified in the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). If you are eligible for leave and have a qualified reason, your employer violates your rights if it denies your requested leave or puts your job in jeopardy because you took leave. The law provides legal relief for employees who suffered negative consequences for taking time off to which they are entitled or who were denied leave to begin with. If you believe you have a case involving FMLA or CFRA issues, contact our experienced San Francisco FMLA and CFRA discrimination attorneys at Minnis & Smallets LLP right away. When can you take family or medical leave? You must meet certain requirements to be eligible for family or medical leave under the FMLA. First, the following must be true: Your employer has at least 50 employees working in a 75-mile radius of your job site for private employers. There is no minimum number of employees for public employers. You must have worked for the company for at least 12 months, as well as put in at least 1,250 hours during the previous 12 months. It is important to note that the requirements are different in California for leave due to disabilities because of pregnancy or childbirth... --- > Employers can violate your rights in many ways, including terminating your employment for unlawful reasons. Never hesitate to speak with our San Jose wrongful termination lawyers. - Published: 2020-01-24 - Modified: 2020-01-24 - URL: https://www.minnisandsmallets.com/citystate/san-jose-wrongful-termination-lawyers/ San Jose Wrongful Termination Lawyers Standing Up for San Jose Employees Who were Unlawfully Terminated Employment in California law is presumed to be at-will employment. This means that your employer can fire you for nearly any reason or even no reason. You also have the opportunity to end your employment relationship for no reason at all, as long as you are not in an employment contract. However, at-will employment is not limitless, as employers may not discharge you for reasons that violate your rights under federal or state law. If you believe your termination was unlawful and violated your rights, you should not delay in speaking with our San Jose wrongful termination lawyers. We can evaluate the circumstances surrounding your firing and advise you whether you have a valid claim. We stand up for the rights of employees, so please do not wait to contact the office of Minnis & Smallets LLP for help. Identifying Wrongful Termination in San Jose There are many different labor and employment laws that protect employees; employees are also protected by the public policy of the state of California. When a termination violates the law or public policy, it is considered to be wrongful, and the former employee has the right to take legal action. The following are only some of the many possible reasons why termination might be unlawful: Discriminatory reasons based on an employee’s race, color, national origin, ancestry, genetic information, health conditions, disability, sex, pregnancy, sexual orientation, gender identity, marital status, and... --- > Losing your job is always stressful, but it can be even more distressing if you were terminated for unlawful reasons. You should discuss what happened with an unlawful termination attorney near you. - Published: 2020-01-02 - Modified: 2020-01-02 - URL: https://www.minnisandsmallets.com/citystate/unlawful-termination-attorney/ Unlawful Termination Attorney Near Me Representing Employees Who were Wrongfully Terminated from Their Jobs No one wants to lose their job unexpectedly. In most situations, the employment relationship is at-will, which means your employer can terminate you at any time for nearly any reason, except for an unlawful reason. If an employer terminates an employee for an unlawful reason, then this constitutes unlawful termination, and employees might be able to take legal action to protect their rights. If you believe you were wrongfully terminated, your first call should be to discuss the situation with an unlawful termination attorney near you. Our legal team at Minnis & Smallets, LLP, is dedicated to helping employees obtain legal relief after a wrongful termination. Contact our office to discuss your options in your specific situation. Identifying Wrongful Termination There are many different reasons that may not be the basis for employment termination, as they violate the law or public policy. Some examples of reasons that might constitute wrongful termination include - but are not limited to - the following: Termination based on discrimination for race, gender, pregnancy, sex, disability, age (over 40), religion, national origin, sexual orientation, or other protected factors under California law. Termination in retaliation for an employee exercising a legal right. Retaliation can follow a complaint of discrimination or harassment, requesting valid family and medical leave, filing a claim for workers’ compensation in good faith, refusing to engage in illegal or unethical conduct, and more. Termination after reporting illegal conduct or... --- ---