Dental and Medical Counsel Blog

What Truly Constitutes “Discrimination” in the Workplace?

By Ali Oromchian Esq

Generally speaking, discrimination is defined as unfairly treating a person or group of people differently from another person or group. But discrimination in the workplace - meaning legally-defined and actionable discrimination - is more than that. In California, the disparate treatment which constitutes discrimination must be based upon a person’s inclusion in a protected class. These classes include race, color, national origin, religion, sex, age, and disability. California state law also prohibits discrimination based upon sexual orientation, gender identity, gender expression, marital status, or medical or genetic condition.

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Posted on 09/05/2018 at 09:00 AM

Terminations: Be Careful What You Say

By Ali Oromchian Esq

We have often spoke about the importance of documentation and the need for outlining your reasons when it comes to terminating an employee. But a recent case shows why you should also be careful exactly what you say. In Baez v. Anne Fontaine USA Inc., an employee went to HR complaining about co-workers who were gossiping about her. In particular, coworkers were spreading a rumor that the employee, Rochelly Baez, had worn a sheer shirt with nothing under it in a recent meeting with the boss. The employer said that the matter was investigated but no disciplinary measures were taken.

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Posted on 08/29/2018 at 03:31 PM

Managing Employee Classifications And Their Implications

By Ali Oromchian Esq

Properly classifying your staff is one of the most crucial aspects of managing a practice. In fact, failure to do so can result in major problems; this includes fines and penalties from local, state, and federal agencies. Further, improper classifications can result in unpaid overtime, back pay of wages, interest, and your time. In escalated situations, a lawsuit or class action lawsuit could be filed against you, resulting in hefty additional attorney’s fees...click here to continue reading the full article.

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Posted on 06/18/2018 at 09:00 AM

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