UNGERMAN LAW OFFICES

    
The following is a list of questions that we get on a regular basis that should give you general information that may be of value to you.  However, each situation is different and if you have further questions, you are urged to obtain a legal evaluation of your specific facts.

A: That depends on the specific facts of your case and how they relate to the law.  We handle cases on behalf of employees against a current or former employer on issues such as the failure to pay wages, failure to provide meal periods, discrimination based on an employee's protected status, sexual, gender or racial harassment, contract disputes, failure to provide required leave, retaliation for refusal to commit illegal acts or for complaining about illegal acts to governmental agencies, etc. We also review employment contracts and review/negotiate severance agreements.  The determination of whether we are the right firm to assist you is made on a case by case basis - and the initial screening is free.

A: The fee structure varies from case to case and client to client.  Each matter is personally evaluated to determine the best course of action and the resources necessary/available to resolve the matter.  We take cases on straight contingency, mixed contingency with the client paying costs, and/or hourly fee basis.  The fee structure will be fully explained up front, before you agree to anything.

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A: No.  We have helped many employees avoid litigation by reviewing contracts, negotiating severance agreements, writing letters on behalf of the employee and providing legal advice and services so that a lawsuit never occurs.  Typically, these services are performed on an hourly basis. 

A: It depends.  A termination that appears "wrongful" to an employee because it was unfair, or unjust or a bad business decision because the employee rightly believes he/she was a great asset to the Company after working there for 20 years may not be "wrongful" to the Court.  In California, employees who are not in labor unions and not employed under a contract are generally "at will" which means they can be discharged for any reason or no reason as long as the discharge is not for an illegal reason.  But, regardless of his/her "at will" status, an employee cannot be terminated if the employee is fired in violation of a fundamental public policy spelled out in a statute, a regulation or a constitutional provision. That includes terminating or punishing someone who refused to violate the law, was performing a valid statutory obligation, was exercising a statutory right or privilege, or was reporting an alleged violation of a statute. Cases exist where employees have claimed they were terminated for refusing to violate health and safety rules, for being asked to file false reports, or for reporting illegal activity to government agencies.

If the employee can prove the reason for the discharge was illegal and that the illegal reason was the cause of his/her termination, then the employee was "wrongfully terminated" in the eyes of the law and may be entitled to damages as a result.  An illegal reason is a reason that violates a federal or state statute, regulation, constitutional provision, or the express public policy of the state.  Otherwise, the Courts will not intervene in the private business decisions by an employer no matter how unfair or stupid they may appear to be.  If you believe you have been "wrongfully terminated" for illegal reasons, you should contact The Ungerman Law Offices to see if you have any recourse.

A: Sexual Harassment is offensive conduct based on a person's sex, such as unwelcome sexual advances, or visual, verbal, or physical conduct of a sexual nature. It can take many forms. Examples include rape or assault, unwanted touching or fondling, constant solicitations (even in jest), requests for sexual favors, unwelcome flirting that does not stop, vulgar or lewd comments, offensive emails or notes based on sex, demotion or termination when sexual favors are refused, and being subjected to a sexualized work atmosphere where there are sexually suggestive cartoons or posters. However, not all conduct rises to the level of legally actionable sexual harassment.  It really depends on the circumstances. 

There are two types of sexual harassment:  Quid Pro Quo and Hostile Environment sexual harassment.  If a supervisor promises an employee an employment benefit, such as keeping her job or getting a promotion, in return for sexual favors, then Quid Pro Quo sexual harassment has occurred.  The employer is strictly liable for the acts of the supervisor and need not have known about the conduct. If this has or is happening to you, contact The Ungerman Law Offices for assistance.

Hostile Environment Sexual Harassment occurs when the employee is subjected to comments of a sexual nature, unwanted or unwelcome physical touching or exposure to offensive sexual materials. The conduct must either be "severe" (serious), or it must be "pervasive" (frequent) to be legally actionable.  Moreover, the employer generally must be put on notice of the offensive conduct and have an opportunity to correct it.  If you believe the conduct you are being subjected to is based on sex and it is offensive, you should make a written complaint to your employer (follow the procedure in the Employee Handbook if there is one) regardless of whether it may be illegal.  If the offensive conduct does not cease after your complaint, contact The ungerman Law Offices to see if you have any recourse.

Q: Can I quit my job and sue my employer for discrimination/harassment/retaliation?

A:  Generally, it is not a good idea to quit your job until (1) the illegal conduct is sufficient to cause "a reasonable person" to quit and (2) you have exhausted efforts to inform your employer about the illegal conduct, be it discrimination, harassment or retaliation, that has or is occurring and given the employer an opportunity to correct it.  It is important that you put the employer on notice of the conduct before you quit so that if the offensive conduct is not corrected and you ultimately do quit because of the workplace conditions, the Employer cannot claim that it didn't know about it.  The Courts have specifically stated that generally, employees do not get to "quit and sue" without making any efforts to resolve the issues and correct the situation.  There are some exceptions to the general rule, but if you find yourself in the situation where you think you should or need to quit your job due to the illegal acts of your employer, it is strongly advised that you check first with a competent employment law attorney.  The Ungerman Law Offices can advise you on that issue.