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Tuesday, 04 December 2012 09:25

Sexual Harrasment

Sexual Harassment

No-one should be harassed at their workplace.  Under California and Federal law, sexual harassment constitutes unwanted sexual conduct which occurs when employment is conditioned on the submission to unwelcome sexual advances, or un-welcomed sexual conduct that was severe or pervasive enough to create an abusive environment for the employee.

If you have experienced sexual harassment in the work place you can enforce your rights against your employer. Your employer has an affirmative duty to take all reasonable steps to prevent sexual discrimination and harassment from occurring. If such harassment does occur, your employer must take effective action to stop further harassment and to correct any effects of the harassment.

This includes developing and implementing a sexual harassment prevention policy with a procedure for employees to make complaints and for the employer to investigate complaints.

Both male and female employees are protected by California sexual harassment laws and are protected from sexual harassment by a member of the same or opposite sex even if the perpetrator and/or the victim are not homosexuals.

Sexual harassment has been found to include a large range of inappropriate behavior including requests for sexual favors, unwanted sexual advances, touching or propositions, verbal conduct, slurs or derogatory comments and comments about a person's body, appearance or sexual activity.

Under California law, if sexual harassment permeates an employee's work environment, they may have a claim even if the harassing conduct is not directed at the employee personally, but occurs in the employee's presence.

Employer Retaliation Is Illegal!

California law protections against your employer’s potential retaliation against you for reporting sexual harassment. In fact, cases involving retaliation are even stronger than the laws that prevent the harassment from occurring. The law strictly prohibits an employer from retaliating against anyone who has opposed practices of sexual harassment and/or discrimination or has filed a complaint, testified or assisted in any proceeding involving sexual harassment. If the employer retaliates, the employee has yet another cause of action to sue the employer and there has been a recent trend in California cases for employees to receive larger verdicts for the retaliatory conduct of the employer than for the original sexual harassment.

I Have Been Sexually Harassed, What Do I Do?

Generally it is wise to seek the advice of an attorney immediately. If you want to try to work it out within your company first, you should consult your employee handbook and procedure manual to learn of the appropriate way to report sexual harassment within your company. If there is no manual, and the company has a human resource department, it is generally wise to report the harassment to human resources.

Any report of the sexual harassment to the company should be in writing, detailing all of the acts.

An employee can bring a sexual harassment claim against a company while they are still working for the company. Before bringing a lawsuit, the employee must first file a claim with the Department of Fair Employment and Housing (DFEH) or with the Equal Employment Opportunity Commission (EEOC). The employee then has a choice of allowing the administrative agency to investigate or immediately obtain a right to sue letter.

Because the statute of limitations in sexual harassment cases is not very clearly defined, an employee should move quickly to find an attorney once they feel there has been sexual harassment. It is important that the administrative claims are filled out properly and an attorney can help in this regard.

Will my case have to go to trial?

Probably not. Over 90% of sexual harassment cases are settled prior to trial and a significant number are settled without litigation.

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Tuesday, 04 December 2012 09:17

Contract Negotiation

Contract Law – Negotiation, Formation, Interpretation and Execution

 

A contract is an agreement that is entered into willingly by at least two parties; each party intends to create legally binding obligations between the parties. The components of a contract is first the offer then the acceptance by persons possessing legal capacities who trade consideration to produce mutuality of obligation, and, in some circumstances, do so in writing.
Such as, a customer may possibly guarantee to pay $50,000 to a seller for the procurement of a 1962 Porsche sports automobile. The purchaser promises to pay in exchange for the seller promising to provide the automobile to the purchaser.

The attorneys at Louis White take care of countless real estate and business contracts - their formation, interpretation and execution. A contract negotiation is any discussion that has as its main purpose to come to a written agreement regarding a business matter. Such a contract is for practically anything, though the term most typically applies to real estate contracts, or contracts for services or sales.
A great written contract is one that effectively explains the exchange to be performed as well as addresses the likely complications that could possibly arise during the actual exchange. Most contracts are performed without incident; unfortunately disagreements arise which could have an effect on the parties.


 

 

Breach of Contract - Controversies and Remedies


If a party to a contract complains that the other has failed to carry out the obligations within the contract, he can allege a breach of contract. A breach happens when one particular party of a contract backslides or refuses without good excuse to execute a "material" term or condition of the contract in a satisfactory or timely manner.

If such a breach occurs and causes harm, the offending party becomes liable.The wronged party can bring suit against the offending party if he pleads that (One) a contract (spoken, implied or written) was formed among the both of them; (Two) the wronged party performed his personal obligations underneath the contract or has been excused by the other party's malfeasance from performing them; (Three) the offending party failed or refused to execute a minimum of a one material term or situation of the contract inside a preferred or acceptable manner; and (Four) by so failing to perform, the offending party caused close injury or harm for the wronged party.

If the aggrieved party wins on a claim for breach of contract, his treatments are restricted ordinarily to monetary damages, the quantity of income needed to place the aggrieved party in the position in which he would have already been, had the offending party timely performed the contract in a suitable manner - the aggrieved party is entitled to the advantage of his bargain.

In some instances, monetary damages only will not be sufficient to recompense the aggrieved party. This is correct when the offending party has given his word to provide something of one of a kind or irreplaceable value for the wronged party, but then breached his obligation to accomplish so. In such a situation, the aggrieved party may possibly assert that no sum of money can recompense him adequately, and he could insist on particular functions of the contract. The aggrieved party in such a case argues in effect that he can appreciate the advantage of his bargain only if he can compel efficiency of the bargain itself. It's not likely to get a mere award of capital to place him in the position he would have enjoyed had the bargain been performed. Thus the bargain has to be performed.



But the courts rarely compel the distinct performance of a contract, save exactly where it really is one for the sale of real estate, given that each and every parcel of actual home is deemed to be uniquely worthwhile to its owner. One can find other sorts of contracts that may be especially enforced, but their quantity is limited and dwindling in an unsentimental, industrial world in which the payment of dollars is generally considered the right remedy for every single loss or disappointment suffered.

Conclusion


Contracts are the method by which legal persons in our society agree to exchange goods, solutions and also for other useful factors. Various sorts of contracts are used to achieve distinctive purposes. One example is leases are utilized to sell the possession of real property to get a specified term, whilst contracts for sale of property are used for the sale and transfer of title to actual property. There are actually also business contracts for the buying of goods and services. In case you are dealing with a contract issues, it's important to know your rights and options.

The attorneys at Louis White can draft and prepare contracts for you personally too, as well as enforce the terms of contracts when such terms are in dispute. If you have a contract question, it is necessary that you get legal concealing that protects your interests. Speak to our office at 877-992-5291 for a free consultation.

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