Schonbrun Seplow Harris Hoffman & Zeldes, LLPSchonbrun Seplow Harris Hoffman & Zeldes, LLP2026-10-30T17:29:14Zhttps://www.sshhzlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1302542/2020/05/cropped-Fav-Icon-min-32x32.jpgOn Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[Changes to protected classes cannot lead to workplace discrimination]]>https://www.sshhzlaw.com/?p=501712026-10-28T17:30:35Z2026-10-30T17:29:14ZWorkplace discrimination should never be based on protected classes. This is often seen during the hiring process. An employer cannot specifically decline to hire someone because of their gender, for example, or deny a candidate based on their race or ethnic background.
One important thing to keep in mind is that protected classes can sometimes change. Discrimination should not occur if the employer becomes aware of the change. This would still be a legal violation of the employee's rights.
Potential examples of change
There are many different ways that employees can enter new protected classes. For example:
A worker who is hired when she is single could get married, decide to start a family and become pregnant.
A worker could decide to become more publicly open about their sexual orientation, which may be different than what the employer believed when they were hired.
A worker could stay in a position for years or even decades, and may fear losing their job as they reach a more advanced age.
A worker could be diagnosed with an illness or suffer injuries that leave them with a life-altering disability.
A worker may join a new religion or switch from one religion to another.
In many of these cases, the employer will be aware of the change. They still need to treat the employee fairly and give them an equal opportunity when it comes to maintaining employment, seeking promotions and much more.However, some workers do feel that their rights have been infringed upon after one of these changes. If so, it is important for them to understand what legal steps they can take. Reach out to our experienced team today to learn more. ]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[Sexual harassment is often connected to power dynamics]]>https://www.sshhzlaw.com/?p=501672026-10-14T11:48:23Z2026-10-16T11:46:30Zact of exerting that power than it is about any level of sexual attraction they have for the victim in this situation.
Using power as a shield
Additionally, many people who perpetrate sexual harassment in the workplace are counting on their position as a way to shield themselves from consequences. After all, one reason that employees do not speak up about what they have experienced is that they are afraid of retaliation. A low-level employee who is being harassed by an executive may fear losing their job or being blacklisted in their industry. They may be worried about having their wages or their hours cut.
Of course, retaliation for reporting sexual harassment is illegal. However, the power imbalance between the two parties still makes it a real concern that many victims face.
Understanding your legal options
If you have experienced sexual harassment yourself, it is crucial that you know what legal options you have. This is true both for the initial harassment and for any potential retaliation that takes place after making a report.
An experienced attorney may be able to help. Contact Schonbrun Seplow Harris Hoffman & Zeldes, LLP today to schedule a consultation.]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[Constructive discharge: Can you sue if you were forced to quit?]]>https://www.sshhzlaw.com/?p=501302026-09-21T03:38:34Z2026-09-26T03:37:39ZDefining constructive discharge
Constructive discharge happens when an employer intentionally creates or allows intolerable working conditions that force a reasonable employee to resign. California employment law generally treats this as an involuntary termination rather than a voluntary resignation.
It is more than just having a difficult boss or a stressful workplace. The conditions must be so extreme that staying on the job is no longer a realistic option.
Proving employer knowledge
To present a convincing case, you must show that your employer knew, or should have known, about the intolerable conditions and failed to fix them. Reporting the problems to human resources (HR) or management before resigning is also vital. Doing so can help you prove that your employer had a chance to address the issue and did not do so.
Examples of intolerable conditions
Constructive discharge can arise in serious situations that generally involve illegal workplace conduct, including:
Retaliation for reporting wrongdoing or safety violations
Demotion or loss of duties after protected complaints
A substantial, unjustified cut in pay or benefits
These circumstances may support a constructive discharge claim if they become severe enough that a reasonable person would feel forced to quit. However, leaving your job too soon can also hurt your case if you have not given your employer a chance to correct the problem. Seeking legal guidance before you hand in your notice can help you assess the strength of your claim and find the best path forward.
Safeguarding your livelihood and well-being
If your employer is illegally pushing you out of your job, resigning right away can significantly impact your ability to recover damages. Speaking with an experienced California employment attorney can help protect your future before taking that step. Contacting Schonbrun Seplow Harris Hoffman & Zeldes, LLP can help you hold your employer accountable.]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[Holding brands accountable for greenwashing claims]]>https://www.sshhzlaw.com/?p=501242026-09-21T03:38:29Z2026-09-25T03:37:37ZHow California protects buyers from false advertising
The Unfair Competition Law (UCL) generally bans companies from using illegal, unfair or dishonest practices in their operations. California’s Consumers Legal Remedies Act (CLRA) also protects consumers. It stops companies from making misleading claims about a product or service’s quality or features.
Courts often apply the reasonable consumer test under both laws. Judges look at whether a label or marketing claim would likely mislead an average buyer. If the message is confusing or deceptive, the company may be liable for false or misleading advertising.
Warning signs of greenwashing
Look out for vague marketing terms that are not clearly explained or supported by reliable third-party certifications, such as:
Eco-friendly
Natural
Plat-derived
Sustainable
These words can sound environmentally responsible. But without evidence, they may mislead shoppers about a product’s true environmental impact.
Another red flag is when a product label says “recyclable” even though most local recycling programs cannot accept its materials. Brands may also use green leaves, Earth symbols or earth-toned packaging to suggest sustainability without real proof. These tactics can make a product seem more environmentally responsible than it actually is.
Making transparency the goal
Consumers have a right to honest information so they can make informed buying choices. One person losing $5 on a “green” detergent may not seem like much. But if the same false claim misleads a million people, it adds up to a huge profit for the company that should not go unchecked.
Class actions lawsuits allow consumers to combine small losses into one meaningful claim and hold companies responsible for widespread deception. They also discourage misconduct by pressuring companies to improve their practices, leading to more honest advertising and less profit from misleading sustainability claims.
Finding strength in numbers
If you have been misled by a brand’s environmental claims after purchasing a product, you and consumers like you might have grounds for a unified claim. The Schonbrun Seplow Harris Hoffman & Zeldes, LLP team can help you hold corporations accountable for deceptive marketing while protecting your consumer rights,]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[What to review before you sign a severance agreement]]>https://www.sshhzlaw.com/?p=501382026-09-18T19:00:56Z2026-09-23T18:59:23ZThe broad release of liability
Most severance agreements ask you to give up your right to sue your employer. California law allows you to give up claims for wrongful termination or harassment in exchange for money, but the law strictly protects earned pay:
Claims regarding wrongful termination or retaliatory discharge
Allegations of past workplace discrimination or harassment
Statutory rights under employment anti-discrimination laws
California law prohibits employers from requiring a waiver of wages that are already due and undisputed. You must weigh the value of the offered payout against the strength of any potential legal claims you hold.
Non-disparagement and confidentiality clauses
Employers frequently include terms that limit what you can discuss after your departure. California's Silenced No More Act imposes strict rules on these provisions:
Trade secret protections and proprietary company information
Confidentiality surrounding the financial terms of the severance payout
Specific statutory disclaimers preserving your speech rights
California's Silenced No More Act regulates non-disparagement and confidentiality clauses in severance agreements. Employers must include clear language that tells you about your right to speak about unlawful workplace behavior. Missing this required language can make the rule invalid.
Payment terms and severance payout dates
The agreement must spell out the exact timing and method of your financial compensation. Pay close attention to these payment details:
Continuation details for health insurance coverage
Clear timelines prevent disputes after your employment relationship ends. Delays in payment can cause serious financial strain while you search for new employment.
Protection for your future before you sign on the line
Severance paperwork can contain terms that impact your career for years. An experienced California employment law attorney can review the contract terms, explain your options and evaluate whether you hold viable claims that warrant negotiation.
]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[Understanding whistleblowing in the workplace]]>https://www.sshhzlaw.com/?p=500792026-09-17T19:09:36Z2026-09-22T19:09:23ZMany people worry that reporting illegal or unethical behavior at their workplace could cost them their job, reputation and career. However, employees have legal protections under federal and state laws that allow them to report workplace misconduct.
Employees can learn more about their legal rights when whistleblowing. Here is what you should know:
What is whistleblowing?
Whistleblowing refers to when an employee reports illegal, unsafe or unethical workplace conduct to a supervisor or government agency. Some common examples of whistleblowing include reporting:
Protected activities are legal rights employees can exercise without suffering negative consequences, such as reporting discrimination to a government agency. Whistleblower laws are designed to encourage employees to report illegal or unethical behavior at their workplace without fearing they will suffer retaliation. Some forms of retaliation employees may face for engaging in a protected activity include the following:
Termination
Demotion
Loss of responsibilities
Reduced work hours or pay
Negative performance reviews
Promotion denial
Harassment or intimidations
If an employee believes they are experiencing retaliation after engaging in a protected activity, it is important to take steps to protect their rights.
What to do after whistleblowing?
After reporting unethical workplace behavior, employees should consider keeping copies of emails, performance reviews or other documents that could be used as evidence of retaliation. This evidence can help employees who may need to file a claim if they are punished for engaging in protected activities. If you are facing retaliation after whistleblowing, then you may need to seek legal guidance to learn about your rights.]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[What to know about California’s reproductive loss leave]]>https://www.sshhzlaw.com/?p=500772026-09-17T19:09:07Z2026-09-22T19:08:53ZWho qualifies for this leave?
Under the law, an employee who has worked for an employer for at least 30 days may take up to five days of reproductive loss leave if they or their spouse or partner experience any of the following:
Miscarriage
Stillbirth of a child
Failed adoption
Failed surrogacy
Unsuccessful reproductive technology procedure
Employers are not legally required to pay employees for this leave. However, they must allow employees to use “certain other leave balances otherwise available” to them, such sick leave, which may be paid leave. The law applies to all public employers and private employers with at least five employees.
Employees have a right to expect privacy and respect
People often choose not to talk about reproductive loss at work – especially if they didn’t tell co-workers they were trying to become a parent – through whatever means. The law includes language that requires employers to maintain employee confidentiality when providing this leave and prohibits any kind of retaliation for an employee who makes valid use of this leave.
It’s also important for employers to realize that any kind of reproductive loss, even if it involves someone backing out of an agreement as opposed to the death of a child, can be devastating for a would-be parent.
If you’ve been denied this leave or faced retaliation for taking it, it’s crucial to know and assert your legal rights. The attorneys at Schonbrun Seplow Harris Hoffman & Zeldes, LLP are available to provide experienced guidance. Call us at 310-396-0731 or contact us online.]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[The potential for pregnancy can also lead to discrimination]]>https://www.sshhzlaw.com/?p=500762026-09-17T19:08:31Z2026-09-22T19:08:18ZPregnancy discrimination is strictly prohibited in employment situations. There are many ways that this can occur, with the most obvious being when someone is experiencing a current pregnancy. If an employee is discriminated against based on their status as a pregnant person, due to related medical conditions, or simply because they have to go to certain medical appointments or use maternity leave, then their rights as an employee have been violated.
One important thing to keep in mind, though, is that the potential for pregnancy can also lead to discrimination. In this sense, an employee does not even technically have to be pregnant at the time to be discriminated against.
Trying to avoid maternity leave
For instance, an employer may know that they cannot fire someone who has become pregnant just to get out of paying them while they are on maternity leave. That employee has a right to leave after giving birth, and they should also be given the ability to go to doctor's appointments and take other necessary steps. Even once they return to work, they may have a right to certain breaks, such as for lactation.To get around this, an employer may decide to discriminate against an employee whom they believe may become pregnant in the near future. Say that a young woman gets married and mentions to her boss that she hopes to start a family in the next few years. If her boss then fires her or cuts her hours in response, it is discrimination based on her potential to become pregnant.These types of cases can certainly be complex, and all employees must understand exactly what rights they have and what legal steps to take to protect their interests. If you are facing pregnancy discrimination, please do not hesitate to reach out to our team to learn more.]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[Does a data breach warrant a class action lawsuit?]]>https://www.sshhzlaw.com/?p=500752026-09-17T19:08:02Z2026-09-22T19:07:15ZYes, data breaches are often actionable
The greater the degree of trust that consumers must grant a business with their private information, the higher the potential duty of care those companies owe their customers or clients. Medical patients and those hiring financial advisors, for example, should be able to trust the security of their personal identifying information and medical records.
Breaches can affect a person's credit score by putting them at risk of identity theft. Credit disruptions can even impact employment, as many of the best jobs require that workers pass background checks that look at not just their criminal record but also their credit history.
Businesses should make every reasonable effort to minimize the chances of a data breach that puts their customers/clients at risk. Consumers affected by major data breaches at companies that have a duty of care to protect their information can potentially work together to hold the company accountable and recoup the losses generated by the data breach.
Joining a class action lawsuit or initiating one is a complex legal matter that frequently requires the support of a lawyer. Consumers affected by a substantial data breach involving a large company may need assistance determining if they are in a position to take legal action, and that’s okay.]]>On Behalf of Schonbrun Seplow Harris Hoffman & Zeldes, LLP<![CDATA[Discrimination based on the potential to become pregnant]]>https://www.sshhzlaw.com/?p=500732026-09-17T10:09:49Z2026-09-22T10:08:28ZIt is very clear to most employees that they should not be discriminated against based on a current pregnancy. A woman who has been working in her current position for years with no complaints and gets immediately fired after informing her boss that she has become pregnant may have a valid discrimination claim. She could argue that she was wrongfully terminated, perhaps because the employer did not want to let her go on maternity leave.
But it is important to note that other types of pregnancy discrimination are also prohibited, including discrimination based on:
A past pregnancy
An intended pregnancy
A potential pregnancy
Pregnancy-related medical conditions
For example, a pregnancy-related medical condition could include something like undergoing in vitro fertilization. If a woman has a medical appointment and takes time off work, and her boss retaliates by firing her, it could also be a wrongful termination.
An age-related issue
In some cases, this essentially becomes an issue of age.For instance, say that an employer is considering hiring two different candidates. One is far more qualified than the other, but the more qualified candidate is also a woman in her mid 20s, who just got married. If the prospective employer decides that there is the potential she could become pregnant in the future and decides not to hire her on those grounds, that could be a form of discrimination.In other words, people need to be free to make their own decisions when it comes to pregnancy and childbirth without worrying about workplace ramifications. After a wrongful termination or other adverse action, employees must understand their legal rights. To learn more about your options, do not hesitate to reach out to our experienced attorneys today.
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