| | |
 |
 |
       | |
|
$4.8 Million Jury Verdict*I represented a highly paid client who had been terminated from her job because she was pregnant and had utilized leave under the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the Pregnancy Disability Act. After a trial, a Placer County jury decided her former employer had discriminated against her because of her pregnancy and her use of pregnancy-related leave. Although the employer argued that she had been laid off with 4,000 other people because she was the lowest performing manager in her working area based on a skill-set analysis, I was able to convince a jury that the employer had made the decision to terminate her based on prior discriminatory acts and the skill-set analysis was created after the fact to cover-up the actual reason for her termination. Along with compensatory damages, the jury awarded punitive damages for the employer's fraudulent conduct. My client was awarded a $4.8 million by the jury, which was later augmented with other damage awards, ultimately becoming a $6.1 million judgment. Judgment was affirmed in full by the Third District Court of Appeal. *Every legal case is unique. Your results may vary. |
I am a trial lawyer and employment law attorney with over 17 years of experience. I represent people who have been harmed due to job discrimination, such as wrongful termination based on pregnancy or disability discrimination both in and outside of the employment context, job retaliation based on taking your FMLA leave, sexual harassment or other violations of Title VII, the CFRA (California Family Rights Act), or any other state or federal employment discrimination law.
If you have faced a hostile work environment based on sex or gender, harassment, or retaliation for complaining of illegal activity, or have been wrongfully fired from a job because of discrimination, contact my Sacramento area employment law office. Discrimination and Harassment Claims
I know that employment law-related issues feel like personal attacks on you, your character, your reputation, and your well-being. If they do not you may have a discrimination or failure to accommodate claim, which may entitle you to damages.
At my Sacramento area employment law office, I represent people who are experiencing discrimination, workplace harassment, or wrongful firing, including:
A disability in California can be either mental or physical and can include physiological diseases or psychological conditions such as learning disabilities, as long as your condition limits a major life activity. A mental or physical condition limits a major life activity if it makes the achievement of that major life activity more difficult. Social activities and working are considered major life activities. Discrimination based on a disability - even a perceived disability is illegal. Discrimination can take many forms, from the employer's or business establishment's failure to reasonably accommodate that disability, to outright denial of jobs, products or services just because ofthe disability.
Discrimination or termination based on pregnancy, childbirth, and pregnancy-related medical conditions is sex discrimination. In many cases, pregnancy can also legally be considered a disability if its effect on your performance, attendance, or family or medical leave leads your employer to discriminate against you, harass you, demote you or refuse to give you key assignments or job duties, or fire you.
Whether you are experiencing discrimination based on your pregnancy, a disability, or something your employer considers a disability, you have legal rights. Your company has a duty to make reasonable accommodations to make it possible for you to continue working and keep your job. If they do not, you may have a discrimination claim and, if their refusal to do so is considered intentional wrongdoing, your claim may include punitive damages.
If you are experiencing discrimination, contact me, Sacramento employment law attorney Elisa W. Ungerman. Together, we can work to resolve the conflict or protect your rights in court.
Important Steps to Protect Your Rights
If you believe you have a tenable discrimination, harassment, or retaliation claim against your employer, you will need to file a complaint with the California Department of Fair Employment and Housing (DFEH) within one year of the occurrence of the offending conduct or adverse employment action. Otherwise you may loose your right to pursue legal action. For discrimination and harassment claims against a business establishment, you may but need not file a claim with DFEH. For further information and claim forms, check DFEH.CA.GOV. It is recommended that you consult with a qualified employment lawyer before filling out a form with a governmental agency.
One-on-One Legal Representation
Evening and Weekend Appointments Available
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2008 by Law Office of Elisa W. Ungerman. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.