Donald R. Holben & Associates, APC San Diego Employment Law and Business Law Attorneys | Palm Springs, CA 2026-04-16T23:49:30Z https://www.sandiegotrialattorneys.com/feed/atom/ WordPress /wp-content/uploads/sites/1504830/2020/12/cropped-og-image-2020-08-13-01-49-40-32x32.jpg On Behalf of Donald R. Holben & Associates, APC <![CDATA[4 subtle forms of age discrimination you might not recognize]]> https://www.sandiegotrialattorneys.com/?p=48525 2026-04-16T23:49:30Z 2026-04-16T23:49:30Z Age discrimination can be hard to spot. It often shows up in small ways that affect your growth or sense of belonging. California law protects employees 40 and older from adverse employment action based on their age. Recognizing subtle signs of discrimination early can help you protect your career and your rights under the Fair Employment and Housing Act.

Ways bias can show up in day-to-day work

Age bias does not always appear in obvious ways. You may notice subtle forms of age discrimination that limit your opportunities or affect how others treat you. These may include:
  • Being passed over for promotions in favor of younger employees even when you are qualified
  • Receiving fewer challenging projects or chances for professional development
  • Being excluded from meetings, trainings or team events that affect your work
  • Hearing comments or jokes about age, “digital natives” or retirement that make you feel unwelcome
These actions may signal bias but are not always legally actionable individually. Some patterns may matter under California law when they affect pay, promotions or other tangible job conditions.

What you can do to protect your position

Protecting your career is one of the most respectful things you can do for yourself. Keeping track of workplace patterns can help you substantiate an age-related bias. This can include noting repeated situations that limit your opportunities or affect how you interact with colleagues. You may also find it useful to keep clear records, like dates and context of incidents, while staying professional. Employers often defend these situations by pointing to performance records, business needs or experience fit. Under California law, the key question is whether age played a major role in how you were treated. It also protects employees from retaliation for reporting discrimination or harassment, participating in an investigation or requesting accommodations when appropriate. Being aware of these protections can help you feel more confident navigating subtle bias.

Spotting warning signs before they escalate

Recognizing subtle age discrimination early helps you act before the problem grows. Awareness and careful documentation let you track patterns and protect your career under California law. An employment attorney may also help you notice repeated behavior that limits your opportunities or creates a hostile work environment. Armed with knowledge of your rights, you can better track and prepare for potential adverse actions.]]> On Behalf of Donald R. Holben & Associates, APC <![CDATA[How to file a DFEH/CRD claim: A step-by-step guide for California employees]]> https://www.sandiegotrialattorneys.com/?p=48522 2026-04-16T23:42:49Z 2026-04-16T23:42:49Z Initiating the pre-complaint inquiry The process starts when you submit a request for an intake interview through the state portal. During this stage, you need to provide basic details about the discriminatory acts and the parties involved, including:
  • The specific type of discrimination, such as disability, race or gender.
  • The dates of the most recent incidents to ensure you meet filing deadlines.
  • Any witnesses who saw the conduct or have relevant information.
Failing to provide specific dates can cause delays in your claim. After you submit the inquiry, a representative will contact you to discuss the details of your situation.

The formal complaint and investigation

Once the intake interview is complete, the agency determines if it will accept the case for a formal investigation. If they proceed, they will serve the complaint on your employer. Here’s what happens next:
  • The employer must provide a written response to your allegations
  • An investigator may request documents like emails or performance reviews
  • Both parties might be asked to participate in a dispute resolution session
These sessions offer a chance to settle the matter before a full investigation finishes. If the agency finds no violation, it will issue a right-to-sue notice.

Obtaining your right-to-sue notice

Many employees choose to bypass the state investigation to file a private lawsuit immediately. You can request an immediate right-to-sue notice without a full agency review. Some other things to note:
  • This notice is a mandatory requirement before filing in California courts
  • You must file your lawsuit within one year of receiving this document
  • Consulting with a legal professional helps determine the best timing for this request
Strict deadlines and specific procedures govern every employment claim in California. Following these steps carefully ensures you protect your right to seek a legal remedy.]]> On Behalf of Donald R. Holben & Associates, APC <![CDATA[3 signs an organization discriminates based on physical features]]> https://www.sandiegotrialattorneys.com/?p=48443 2026-02-03T14:35:37Z 2026-02-03T14:35:37Z Physical appearance remains a silent gatekeeper in many professional spaces in a world that prides itself on progress and inclusion. Biases around physical features still permeate hiring practices, workplace culture and opportunities for advancement.  This form of discrimination is often subtle, making it difficult to prove but easy to feel. Recognizing the signs of physical appearance bias is crucial for those entering or navigating professional environments. 

1. Lack of physical diversity in leadership or public-facing roles

If everyone in positions of power or prestige seems to fit a particular mold, it raises questions about who gets selected to represent the organization and why. This is especially telling when an organization touts its commitment to diversity but only seems to value racial or gender diversity that conforms to mainstream beauty ideals. 

2. Unwritten grooming or dress codes that penalize differences

While formal dress codes are standard, some organizations go a step further by enforcing unwritten rules that punish employees for expressing their natural appearance or cultural identity. This can show up as: 
  • Comments about hairstyles (“professional” vs. “unkempt”) 
  • Pressure to wear makeup or certain styles of clothing
  • Feedback that one’s appearance is “not polished enough” without clear, objective standards
Such microaggressions can create a culture of shame and exclusion, particularly for people whose features and styles don’t align with Eurocentric norms. 

3. Bias in hiring or advancement patterns

If qualified candidates who don’t meet conventional beauty standards are consistently passed over for jobs or leadership opportunities, it suggests a hidden bias. Pay attention to: 
  • Who gets fast-tracked for growth
  • Who receives public praise
  • Who is deemed “a good culture fit”
Sometimes, physical bias is disguised as concern for branding or professionalism, especially in industries where a certain “look” is associated with the company image.  Recognizing the signs is the first step toward choosing work environments that align with one’s values and affirm humanity. However, all hope is not lost for employees working at discriminatory organizations. They can enlist legal guidance to advocate for a more inclusive work environment. ]]> On Behalf of Donald R. Holben & Associates, APC <![CDATA[Ignoring employee complaints can put your business at risk]]> https://www.sandiegotrialattorneys.com/?p=48488 2026-02-03T14:11:44Z 2026-02-03T14:11:44Z Employee complaints are a normal part of any workplace. How you respond can make a big difference to your business and your employees. In California, employers have a duty to address complaints about harassment, discrimination and other workplace issues. Ignoring these concerns can expose your business to unexpected problems. Taking complaints seriously ultimately helps you protect your business reputation.

Why employee complaints matter

Complaints often point to issues that can grow if left unaddressed. In California, you have a legal duty to look into harassment and discrimination claims under state law. Responding to complaints quickly shows employees that you value a safe and fair workplace. It can also prevent small issues from becoming larger problems, lower turnover and improve overall team morale. Taking action on complaints is not just a legal matter, it is a practical way to protect your business and build a healthier workplace.

5 risks of ignoring employee complaints

If you do not handle complaints properly, it can lead to serious consequences. Here are important risks you face if you ignore concerns raised by employees:
  • Legal liability: Complaints that go unaddressed can escalate to the level of Civil Rights Department or court claims.
  • Workplace harassment escalation: Small issues can grow into ongoing harassment or discrimination problems.
  • Employee turnover: Staff may leave if they feel their concerns are ignored or undervalued.
  • Damaged reputation: Word spreads quickly. And unresolved complaints can harm your company’s public image.
  • Operational disruption: Unresolved issues can reduce productivity, cause conflicts and hurt morale.
Taking complaints seriously helps you reduce these risks and maintain a healthy work environment.

Best practices for addressing complaints

You can protect your business by following a few practical steps. Create a clear complaint policy that explains how employees can report issues. Train managers to respond promptly and fairly. Document complaints and investigations while keeping information confidential. Encourage employees to speak up, and listen carefully to concerns they share. Following these steps helps you stay in compliance with California law and build trust in your workplace, and ultimately to reduce the risk of formal complaints from employees.

Protect your business by addressing complaints

Ignoring employee complaints can cost your business time, money and reputation. When you take complaints seriously and act consistently, you protect your workplace and employees, and create a safer and more productive workplace. Quick, careful action benefits both your employees and your business.]]> On Behalf of Donald R. Holben & Associates, APC <![CDATA[What happens when shareholders sue a company’s leaders?]]> https://www.sandiegotrialattorneys.com/?p=48480 2025-12-16T14:30:19Z 2025-12-16T14:30:19Z When people invest in a company, they trust its leaders to act in the company's best interest. But sometimes shareholders believe those leaders acted unfairly or caused harm. In California, these disputes can lead to two kinds of lawsuits.

What is a shareholder lawsuit?

A shareholder lawsuit, also called a direct lawsuit, happens when an investor sues the company for harm done to them personally. For example, a shareholder might sue if the company blocks their voting rights or treats them differently from others. This is separate from a claim for harm done to the company itself.

What is a derivative action?

A derivative action is a special lawsuit that a shareholder files for the company, not for personal gain. The goal is to protect the business. These cases claim that company leaders hurt the business by wasting money or breaching their duties. Before filing, shareholders usually must ask the board of directors to fix the issue. However, they can skip this step if doing so would be useless. For instance, if shareholders ask the same board members who are accused of wrongdoing to take action, the request would make no sense since it would mean asking them to sue themselves. In that case, the shareholders can take the matter straight to court.

Why these cases matter

These lawsuits help keep company leaders honest and protect investor rights. They also make sure businesses follow California law. Still, these cases can be complicated. They may involve reviewing financial records, bylaws, and messages between executives. If shareholders think company leaders acted improperly, it helps to learn more about California’s business laws and consider speaking with an attorney who can explain their options in more detail.]]> On Behalf of Donald R. Holben & Associates, APC <![CDATA[Can pregnancy affect your promotion in California?]]> https://www.sandiegotrialattorneys.com/?p=48484 2025-12-16T14:16:27Z 2025-12-16T14:16:27Z Pregnancy is an exciting time, but it can also bring questions about your career. You may worry that your upcoming leave or new responsibilities could affect your chance of a promotion. In California, laws protect pregnant employees from discrimination. Knowing your rights helps you handle workplace challenges with confidence.

Understanding your rights

California law prohibits employers from treating you differently because of pregnancy. The Fair Employment and Housing Act (FEHA) and the Pregnancy Disability Leave Law (PDLL) ensure you cannot be demoted, denied a promotion or penalized solely for being pregnant.  This protection applies to full-time, part-time and even temporary workers in most workplaces. Knowing these rights empowers you to advocate for yourself if you feel your opportunities are being unfairly limited.

Signs of pregnancy discrimination

You might wonder whether your pregnancy is affecting promotion decisions. Some warning signs include:
  • Your supervisor frequently comments on your availability or leave plans.
  • Your employer passes you over for promotions despite strong performance and qualifications.
  • Your employer reassigns projects or responsibilities without a valid business reason.
  • You learn about new opportunities only after your employer has already selected someone else.
  • Your employer pressures you to delay pregnancy-related leave or accommodations.
If you notice these patterns, it may indicate that your employer is not complying with California’s pregnancy protections.

Protect your career

If you suspect discrimination, you can take steps to protect your growth at work. Keep clear records of conversations, performance reviews and job tasks. Ask for accommodations in writing and confirm your leave schedule early. You can also talk with an employment lawyer who handles pregnancy discrimination cases to learn your options.

Plan ahead

Pregnancy should not hold back your career. By knowing your rights and planning ahead, you can keep your promotion chances based on your skills and achievements.]]> On Behalf of Donald R. Holben & Associates, APC <![CDATA[Non-compete agreements can again be included in employment contracts]]> https://www.sandiegotrialattorneys.com/?p=48482 2025-11-07T13:24:36Z 2025-11-07T13:24:36Z The Federal Trade Commission (FTC) took steps last year to ban non-compete agreements. They essentially stated that they believed these agreements were holding workers back in terms of mobility and wages. The FTC said that the vast majority of non-compete agreements would not be upheld and could no longer be used. Non-competes had traditionally been used to restrict which competitors former employees could work for or how quickly they could do so. That said, some members of the FTC disagreed with this decision even when it was originally made. They dissented, claiming that the Federal Trade Commission did not actually have the statutory authority to make the rule in the first place. Even if they agreed with the goal of the rule, they didn’t think it would stand from a legal perspective.

The rule has now been vacated

The case then went to the district court. The court agreed that the FTC did not have the proper authority. At first, it appeared that the FTC was going to appeal this decision. However, as the case moved forward, they decided to drop the appeal. They have vacated the rule, meaning that companies can once again use non-compete agreements in their employment contracts. These agreements still have to be drafted correctly, as there are ways that a non-compete could be used improperly that could still make it illegal. The FTC will look at these issues on a case-by-case basis. But the blanket ban has been lifted. It is important for employers to understand exactly what legal rights and options they have when drafting employment contracts moving forward.]]> On Behalf of Donald R. Holben & Associates, APC <![CDATA[Why sexual harassment in the workplace is underreported]]> https://www.sandiegotrialattorneys.com/?p=48445 2025-10-21T13:48:37Z 2025-10-21T13:48:37Z Unfortunately, sexual harassment in the workplace is not uncommon. However, the exact number of cases that happen annually may be difficult to tell since many cases go unreported. Only a fraction of the actual number are filed through the Equal Employment Opportunity Commission (EEOC). Here are four reasons why workplace sexual harassment is underreported:

1. Employees overlook cases that are not "severe"

Employees are more likely to avoid reporting sexual harassment cases that seem minor because of a fear of disbelief. If someone at the office creates a hostile work environment for you, report it even if there are witnesses who view the behavior in question as normal.

2. Fewer employment opportunities

Studies have shown that employees can be more willing to tolerate high levels of sexual harassment when there are fewer employment opportunities. They will be more hesitant to make decisions that they believe can affect their livelihood.

3. Fear of retaliation

Another significant concern that employees have is the possibility of facing negative consequences after reporting sexual harassment. An employee may be worried that they will be demoted, denied promotion/training opportunities, transferred to another location or dismissed.  It's unlawful for an employer to retaliate against an employee for reporting sexual harassment. The law will protect you. 

4. Lack of clear reporting channels

Some employees fail to report sexual harassment because they are not aware of the channels to follow, especially if the harasser is a senior. Companies should ensure employees are knowledgeable about the steps to follow in such an instance. Being a victim of unwelcome sexual advances, requests for sexual favors and other verbal/ physical conduct of a sexual nature at work can be devastating. Seeking legal guidance can help you learn more about your rights that were violated and the best way forward.]]> On Behalf of Donald R. Holben & Associates, APC <![CDATA[Morality clauses aren’t just for celebrities anymore]]> https://www.sandiegotrialattorneys.com/?p=48467 2025-10-21T13:46:22Z 2025-10-21T13:46:22Z The use of morality clauses in contracts has expanded far beyond the days when they were largely used to keep stars from costing studios millions of dollars by engaging in scandalous and/or illegal behavior that kept fans away from their movies. Businesses now regularly include some form of morality clause in their executive contracts. They’re increasingly common for CEOs, partners, directors and high-level employees whose actions or words outside of work could damage the company’s reputation – and bottom line. That’s critical now that it’s easy for someone to find themselves captured on a cellphone behaving badly and for a video to “go viral” and be seen worldwide within hours.

Creating a morality clause that will hold up

The purpose of a morality clause is typically two-fold. First, it’s intended to let employees or others affiliated with a business know that behavior that could prove harmful to a company won’t be tolerated. Second, it gives the business the right to take legal action to recoup its losses if someone violates the clause and causes losses as a result. A morality clause is generally intended to prevent behavior that’s immoral, unethical, illegal or otherwise violates societal norms and sense of right and wrong. For example, if a business executive is caught on cellphone video going on a racist rant at their local grocery store, that could definitely have serious negative consequences for their employer. There’s often language about not publicly disparaging the business as well. Businesses can’t dictate what people do privately. However, they have a right to hold people accountable if that private behavior becomes public knowledge and causes financial harm to the business.

Not being too vague – or specific – is key

It’s crucial that a morality clause not be too vague – or too specific. For example, terms like “immoral conduct” are too vague for a person to reasonably know what is included. However, getting into specific behaviors can leave others uncovered by the clause. It’s a careful balancing act. When the person being asked to agree to the terms is valuable enough, they may be able to negotiate what goes into their morality clause. Typically, for a business to prevail in court against someone who violated a morality clause, it must show that the violation caused it financial harm – not just that it created some negative “buzz” for a time. Having steady, experienced legal guidance can help businesses craft and enforce morality clauses and protect their reputation and bottom line.]]> On Behalf of Donald R. Holben & Associates, APC <![CDATA[Bad blood at work or real discrimination?]]> https://www.sandiegotrialattorneys.com/?p=48477 2025-10-21T13:42:31Z 2025-10-21T13:42:31Z Workplaces are not always easy spaces. Conflicts can develop between you and a supervisor or even with the company as a whole. Sometimes the tension feels personal, leaving you wondering whether what you are going through is just a clash of personalities or something more serious.  It’s natural to question if unfair treatment is happening because of discrimination or because of a strained relationship. The difference matters. Discrimination is about being treated unfairly because of who you are, whether because of your race, gender, age, religion, disability, or other protected category under the law. 

When conflict crosses the line

Having bad blood at work may show up in many ways. Maybe you and your manager disagree often, or there’s lingering resentment from a past incident. In these cases, discipline, poor evaluations or even lack of promotions may feel personal, but they are not always unlawful. On the other hand, if negative treatment is tied to a personal trait protected by law, then it could move into the territory of discrimination. For example, it may be discrimination if:
  • You are consistently denied promotions while less qualified coworkers of a different race or gender are advanced. 
  • Your pay is lower than that of others doing the same work because of your age or ethnicity.
  • You are excluded from training opportunities because of a disability.
  • You are harassed with comments or actions targeting your religion or background.
The key question is whether the unfairness is about who you are rather than personality conflicts with a manager. Conflict alone is not illegal, but discrimination is. If you feel you are facing more than just workplace tension, it may help to explore your options and understand your rights. Speaking with someone who knows how these matters are handled can give you clarity and peace of mind. Legal feedback can help you figure out whether the issues you are experiencing at work are due to bad blood or something actionable under the law. ]]>