Adept Legal Counsel

FAQs

Frequently Asked Questions

Every lawyer is different, and every practice is different. Some barely know the law, while others stand out in their field. You can you use ratings or other online tools if you like. Internet searches can provide information on the attorney’s experience and trial results. We like to have live, one on one conversations with our clients and see if we are a good fit. Relationships are important to us. We will be working together for a duration of time, and it is key that we have a great working relationship. So, give us a call and let’s have a conversation about your case.

Preparing to meet your lawyer is an important part of the process. First you should gather all information you think is important to your case and keep it in a file or envelope to bring to your first appointment. Try to keep it as organized as possible, so your lawyer doesn’t have to spend time during your appointment trying to organize documents. Also sit down and write out all the facts of your case as you remember them. Bullet points are fine, so you don’t forget to mention any important details during your appointment with your lawyer. Lastly, remember your lawyer is just like you. No need to get nervous or anxious. Just listen to the questions your lawyer asks and try to be as clear as possible with your answers, so they get all the information they need.

The truth is no lawyer can guarantee any amount on a case. A lawyer who tries isn’t a very good lawyer. The answer is that there are always many variables that affect the outcome of a case, and a good lawyer will discuss these variables with you and give you a realistic expectation regarding the outcome of your individual case as it proceeds.

 

Of course. You have the right to switch attorneys at any time. However, this is not a decision that should be taken lightly. Most cases take time and to switch attorneys just because you don’t like the speed at which your matter is being handled probably would not be a wise decision since changing representation could further slow the process. However, if you are unhappy with your current firm’s quality of work and would like to change you always have that right.

Often employees are victims of discrimination that is disguised as layoffs or other excuses. However, you need not be terminated to have a claim so long as you are enduring differential treatment or have any bad actions taken against you for something unrelated to your job.  In California and Florida, employees are most commonly discriminated against based on:

  1. Gender/sex
  2. Pregnancy
  3. Age
  4. Race/national origin
  5. Disability
  6. Religion
  7. Sexual orientation
  8. Marital status

    Some examples of discrimination in the workplace include people who were not promoted based on their race, women who were fired after telling their employers they were pregnant, and older workers who were fired because they were suddenly deemed too old by their employer.

Two Primary Types of Discrimination:

Discrimination claims usually fall into two broad categories:

Disparate treatment discrimination—This occurs when an employee is specifically targeted because of their protected characteristic. Disparate treatment discrimination is the most common type of discrimination faced by employees. Some examples include an employer demoting, refusing to promote, harassing, or otherwise taking negative action against a specific type of employee.


Disparate impact discrimination—This type of discrimination is more subtle, involving an employer that adopts a policy that applies to all employees but has a negative impact on employees with a protected characteristic. Often these policies seem neutral on the surface. An example might include rewarding employees for taking the stairs instead of the elevator, which seems benign until you consider an employee in a wheelchair who is unable to take the stairs.


In disparate treatment discrimination, the burden is on the employee to prove intent to discriminate. In disparate impact discrimination, the employer may still be held liable even if no discrimination was intended.

Do You Believe You Are a Victim of Employment Discrimination in California?

If you believe you are a victim of employment discrimination, you contact our office immediately or ensure you file suit in California no later than one year after or within 300 days in Florida after the date of the alleged discrimination.

Many employees do not file claims because they are worried about retaliation by their employer. It is unlawful for employers to terminate or take any other adverse action against employees simply because they have filed a claim against them.

Sexual harassment in California:

There are many behaviors and actions that fall under the umbrella of “sexual harassment.” Some of these include:

  1. Derogatory comments, slurs, epithets, or jokes.
  2. Sexually graphic comments, degrading words, or suggestive or obscene messages or invitations.
  3. Unwanted or “accidental” touching or rude gestures.
  4. Unwanted sexual propositions or discussion of sexual acts.
  5. An offer of benefits in exchange for sexual favors.
  6. A threat to diminish the conditions of employment if you make a complaint about the harassment or if you don’t comply with a sexual request, including reduction of hours, benefits, and pay rate.

These behaviors are unacceptable and against the law. At the federal level, sexual harassment is prohibited under Title VII of the Civil Rights Act of 1964 prohibits sexual harassment at the federal level.  The California law that prohibits sexual harassment is the Fair Employment and Housing Act (FEHA). Under these laws, sexual harassment is considered a form of employment discrimination in the eyes of the law.

Types of Sexual harassment:

There are two types of sexual harassment that are recognized by both federal and state laws:

Quid pro quo—This type of sexual harassment occurs when someone places a condition on your employment. For example, if you are offered a job or a promotion based on your submission to sexual advances or some other type of sexual conduct. Essentially, anytime a supervisor or someone with authority makes unwanted or inappropriate sexual overtures then there is a basis for a claim.


Hostile work environment—This occurs when the nature of the offending behaviors alters the conditions of the workplace. For example, offending behaviors are so pervasive, it interferes with your ability to work because of intimidation or hostility. The behaviors do not have to be aimed at you for you to experience a hostile work environment.

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