Employment Attorneys for California’s Insurance Industry

Leading Employment Attorneys for Employees in California’s Insurance Industry

Stephen Danz and Associates is a law firm dedicated to representing employees in the insurance industry who have been subjected to discrimination, harassment, wrongful termination, or retaliation.  Currently, employees also face much racial and ethnic discrimination due to the coronavirus disease or COVID-19.  Our law firm attorneys and support staff, as well as co-counsel, are a powerful legal team on your side.  We even the field when it comes to taking on the large employers and their defense counsels.  California’s insurance industry is diverse and complex.  It is also one of the largest industries in the United States.  Accordingly, employees who face discrimination, retaliation, harassment, wrongful termination or related employer prohibited activity, should seek the help of competent and knowledgeable California employment lawyers.  The attorney you trust should have the experience and fortitude to stand against the largest defense firms, and not be concerned about litigation.

We are one of the top-rated plaintiff-only law firms in California.  Our leadership has practiced law in California for five decades.  Accordingly, the experience, resources, and years of litigation prepared us to fight for your legal rights in California’s state and federal courts.  The team focuses only on employment law and therefore can provide clients with maximum compensation and most favorable results.  This is critical as employment laws constantly change – whether it is the types of charges, defenses, deadlines, or court rules.  Trust our team for its transparency, knowledge and constant communication.   Below, we list several recent common COVID-19 questions we got from clients.  Each situation is unique.  Therefore, we encourage you to call us to discuss your case.

Under the Occupational Safety and Health Act (“OSH Act”) Protections, can I refuse to work if I believe there is a chance of being exposed to COVID-19?

Yes.  During a pandemic, some employees may refuse to come to work for fear of contracting the virus. Under the OSH Act, an employer cannot discriminate against employees who both:

  • refuse, in good faith, to expose themselves to a dangerous job condition. The employee must genuinely believe that an imminent danger exists; and
  • believe they have no reasonable alternative but to avoid the workplace.

How Does Anti-Discrimination Protection Apply?

  • The condition causing the employee’s fear of death or injury must be one that a reasonable person in similar circumstances would conclude poses a real danger of death or serious injury;
  • There must be insufficient time, due to the urgency of the situation, to eliminate the danger through regular statutory enforcement channels; and
  • Where possible, the employee must have asked the employer for, but not obtained, a correction of the dangerous condition.

I believe my employer is violating work health and safety laws, what can I do about it?

  • Employees who believe that working conditions are unsafe or unhealthful, may file a complaint with the Occupational Safety and Health Administration (“OSHA”) regarding the hazardous working condition at any time. They may also bring the condition to the employer’s attention.

My employer fired me after I filed a complaint with OSHA. Do I have any protections?

  • Yes. The OSH Act prohibits retaliation against individuals who engage in protected activity related to safety or health in the workplace, including filing a complaint with OSHA.
  • Employees may file an OSHA whistleblower complaint online if they believe their employer has retaliated against them. On April 8, 2020, OSHA reminded employers that they cannot retaliate against employees who report unsafe working conditions during the COVID-19 pandemic. Contact our office for more guidance.