Law Office Of G. Martin Velez

Attorneys, Criminal Law Attorneys, Discrimination & Civil Rights Law Attorneys

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Mon - Fri:	9:00 am - 5:00 pm

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Neighborhood: North San Rafael Commercial Center
Categories: Attorneys, Criminal Law Attorneys, Discrimination & Civil Rights Law Attorneys, Employment Discrimination Attorneys, Labor & Employment Law Attorneys, Sexual Harassment Attorneys, Wrongful Death Attorneys

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Phone: (415) 342-4125

Address: 4040 Civic Center Dr Ste 200, San Rafael, CA 94903

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Law Office Of G. Martin Velez

Criminal Defense
Wrongful Death

Wrongful Termination
The coronavirus crisis (let's not call it a pandemic just yet, at least not until it spreads to Antarctica) raises complex legal issues for the workplace. What are your rights as an employee and what are your employer's obligations? Perhaps most relevant, an employer has a statutory obligation to implement practices reasonably adequate to render the place of employment safe and healthful, and to do every other thing necessary to protect the life, safety, and health of employees. (Lab. Code, § 6401.) Does this mean that an employer must deep clean its workplace in the event an employee is exposed to the coronavirus? An employee who makes a good faith workplace safety complaint related to the coronavirus to an appropriate state agency or to his or her employer may have protection from retaliation and wrongful termination under the Labor Code. (Lab. Code, § 6310, subd. (b).)
Employment Discrimination
Employers love their arbitration agreements, except (apparently) when faced with having to pay for several thousand arbitrations at once. More and more, employers require their employees to sign agreements compelling them to submit any employee dispute to private binding arbitration. Instead of being able to submit claims of sexual harassment, disability discrimination, employment discrimination, interference with family medical leave ( FMLA ), pregnancy discrimination, wrongful termination, and the like to juries in publicly held trials, employees are forced to have such claims determined by a private arbitrator in a private conference room. Additionally, in order to avoid facing class action suits, employers include language in arbitration agreements preventing employees from pursuing class action claims in arbitration, in effect, insulating employers from class action cases, which often involve wage and hour claims for unpaid overtime, and meal/rest period violations.
Employment Litigation
Mr. Velez began his career practicing criminal law, serving as a deputy district attorney for the Santa Cruz County District Attorney's Office and as a deputy public defender for the Sonoma County Public Defender's Office. Thereafter, he worked for two civil litigation defense firms, defending Fortune 500 corporations, public entities, insurance carriers, and small businesses in employment disputes, civil rights claims, wrongful death actions, and business disagreements. Mr. Velez has tried cases in state and federal court and has argued before the California Courts of Appeal on several occasions.
Sexual Harassment
Sexual harassment can transform the workplace from a comfortable, productive environment to a hostile environment. An employee facing sexual harassment may feel forced to quit rather than endure another day of unwanted sexual advances. Courts have generally recognized two types of sexual harassment claims: hostile work environment and quid pro quo.

Disability Discrimination
An employer has two main obligations regarding employees with a physical disability, mental disability, or medical condition - an employer must provide a reasonable accommodation and an employer must engage in a good faith interactive process. Failure to do either may constitute disability discrimination.

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