areas of practice

The Law Offices of Nancy G. Krop specialize in the following areas of law: line

Wrongful Termination

Wrongful termination is termination of employment for illegal reasons, violating California state or federal law.

Employment Discrimination

Employment discrimination includes discrimination based upon age, ancestry, gender, gender identity, gender expression, race, color, religious creed, national origin, physical disability, mental condition, genetic information, medical condition, marital status, sexual orientation, or military and veteran status.

Sexual Harassment

Sexual harassment is harassment based on gender, pregnancy, childbirth or related medical conditions. Sexual harassment includes the harassment of women by men, men by women and same-sex gender based harassment. Sexual harassment consists of unwanted sexual advances as well as the conduct set forth below under "Workplace Harassment."

Workplace Harassment

Workplace harassment includes harassment based on a protected characteristic: age, ancestry, gender, gender identity, gender expression, race, color, religious creed, national origin, physical disability, mental condition, genetic information, medical condition, marital status, sexual orientation, or military and veteran status.

Harassment consists of verbal, physical or visual conduct creating an intimidating, offensive or hostile work environment interfering with job performance. Verbal harassment include epithets, derogatory jokes, comments, or slurs. Physical harassment includes assault, unwanted touching, and impeding or blocking movement, or any physical interference with normal work or movement. Visual harassment includes posters, objects, photographs, cartoons, drawings, or gestures that are derogatory or offensive.

Illegal harassment occurs when (1) submission to or rejection of unwelcome conduct is made a condition of employment, (2) submission to or rejection of unwelcome conduct is a basis for an employment decision (for example, receiving benefits, promotions, raises), or (3) the unwelcome conduct interferes with an employee's work performance of creates an intimidating, offensive or hostile work environment, even if it is does not lead to tangible or economic consequences.

Disability Accommodation Issues

California state and federal law ensure equal opportunity in employment for qualified persons with physical or mental disabilities. Employers are required to reasonably accommodate an employee or job applicant with disabilities, providing that the individual is otherwise qualified to perform the essential functions of the job and such accommodations do not impose undue hardship on the employer.

Retaliation

Employers may not retaliate against an employee who engages in activity protected by California state or federal law. For example, employers may not retaliate against employees for opposing employer actions the employee reasonably believes are acts of unlawful employment discrimination.

Breach of Contract

It is illegal to breach a verbal or written employment contract.

Leave Issues

Eligible employees are entitled to take leaves from work for various reasons, including Family and Medical leave, new parent leave, pregnancy disability, sick leave, bereavement leave, voting leave, jury duty or subpoena leave, crime victims leave, school activities leave, drug/alcohol leave, kin care, organ donor/bone marrow donor leave, military obligations, and disability leave.

California and federal law entitle eligible employees to up to 12 weeks of unpaid, job-protected leave each year for specified family and medical reasons.

Family medical leave is permitted for any of the following reasons: to care for a newborn child; to care for a child placed with the employee for adoption or foster care; to care for the employee's spouse, child or parent who has a serious health condition; or to care for the employee's own serious medical condition rendering the employee unable to perform the essential functions of the employee's position.

A California female employee may take up to four months of pregnancy leave in addition to up to 12 weeks of family medical leave to care for her newborn child.

The Families First Coronavirus Response Act (FFCRA) requires certain employers to provide their employees with paid sick leave or expanded family and medical leave for COVID-19 reasons. The Act applies through December 31, 2020. Generally, the Act provides that covered employees must recieve two weeks (up to 80 hours) paid sick leave at the employee's regular rate of pay if the employee is unable to work because the employee is quarantined or experiencing COVID-19 symptoms. Employees are also entitled to two weeks (up to 80 hours) paid sick leave at two-thirds the employee's regular rate of pay if the employee is unable to work to care for others due to COVID-19 reasons. Employees employed for at least 30 days may receive an additional ten weeks of expanded family and medical leave at two-thirds the employee's regular rate of pay where an employee is unable to work to care for a child whose school or child care provider is closed.

Whistleblower

Employers are prohibited from retaliating against employees for engaging in protected "whistleblowing" activities. Protected whistleblowing activities include good faith reports of unlawful employer conduct to a governmental or law enforcement agency. The alleged employer conduct need not be unlawful; only a reasonable belief by the employee is required.

Employment Contracts

Review, negotiation of employment contracts. Legal services offered include reviewing and negotiating employment contracts.

Employee Severance Agreements

Review, negotiation of severance agreements. Legal services offered include reviewing and negotiating severance agreements.

Some Useful Resources

U.S. Equal Employment Opportunity Commission (EEOC)
The EEOC enforces federal law regarding workplace discrimination (race, color, religion, sex, national origin, age, equal pay, disability). This Web site provides information explaining your federal rights to be free of workplace discrimination.
California Department of Fair Employment and Housing (DFEH)
The DFEH enforces California state law regarding employment discrimination (age 40 and over) ancestry, color, creed, denial of Family and Medical Care Leave, disability (mental and physical) including HIV and AIDS, marital status, medical condition (cancer and genetic characteristics), national origin, race, religion, sex, sexual orientation. This Web site provides information explaining your state protection from workplace discrimination.
FindLaw.com
This Web site is a free searchable database of published federal and state court deciscions, statutes, and lots more.
Families First Coronavirus Response Act: Employer Paid Leave Requirements
Federal act regarding COVID-19 time off from work.