(619) 528-2530, (858) 481-4956 or (760) 431-2010
Grady & Associates Attorneys at Law Grady & Associates - Attorneys at LawHighly Experienced Employment Law Attorneys Main Navigation

San Diego Employment Law Attorney Blog

Representing federal employees in merit disputes

One of the great benefits most federal employees enjoy which many other workers in San Diego do not is a right to be heard before the Federal Merit Systems Protection Board if they get terminated or suspended long term, more than two weeks, for performance-related issues or "for cause" because of some improper or prohibited behavior.

Although the Board can in some cases hear discrimination claims as well, it is important to remember that one need not have a claim of discrimination in order to take his or her termination to the Board for review. The agencies of the federal government have to follow strict rules and regulations when they hire or fire, and the Board is there to make sure that the agencies actually follow these rules.

Special employee rights of federal workers

Just about any California employee working in the San Diego area has basic civil rights. Among these basic rights includes the right to medical leave, an environment free of unlawful discrimination and the prompt and accurate payment of wages, including overtime when an employee qualifies.

However, many of the residents of San Diego are also employees of the federal government, especially given the large military presence in this town. Although they might not realize it or appreciate it fully, federal employees actually have some special, additional employee rights and safeguards that offer protection to them, even beyond that which other employees enjoy.

Religious discrimination in the workplace is illegal

An employer's discrimination against people of other religions in hiring, treatment, discipline or firing is illegal and can land the employer in trouble. However, the law of religious discrimination does have some important legal contours that Californians need to understand.

It is not just traditional and particularly large religious groups that are protected. Anyone with sincerely held religious or moral beliefs is protected. Someone cannot be hired, fired or otherwise unfavorable treated because of his or her core beliefs.

Restaurateur files lawsuit for breach of contract

To succeed in business, or any endeavor for that matter, an individual has to be smart and surround themselves with others who can help them reach the end goal. In the business context, working with others can be especially tricky, and not just because personalities and work styles may clash. For example, business partners and employees can act in certain ways that cause serious damage to a business, costing the business money. When a business relationship sours, it may be time to consider one's legal options, which can be reshaped by any sort of employment contract that may be in place.

To see an example of an employment dispute, one need look no further than a lawsuit involving a successful restaurateur in California. The lawsuit arose after David Fansler, a successful restaurant owner, accused his former partner of stealing trade secrets, including recipes, to start his own business. In addition, Fansler accuses his former partner of drinking on the job and engaging in inappropriate sexual relationships with employees. As a basis for his legal action, Fansler claims his former partner breached their contract, breached a duty of loyalty, and breached a fiduciary duty.

FLSA and tipped employees

Many Californians work in positions where they receive tips. These workers primarily work in restaurants as servers. However, since these individuals receive tips as part of their wages, there may be issues about how this income should be treated. Fortunately, state and federal laws are pretty clear, and anyone who runs astray of those laws may find themselves in the middle of heated employment law litigation.

Under the Fair Labor Standards Act, employees who receive more than $30 a month in tips are considered tipped employees. The tips these individuals receive are owned by the employees themselves. This means that an employer cannot take a share of an employee's tips for its own income. The FLSA allows tip pooling, though, whereby tips received by all workers are pooled together and then evenly split. This is often seen in the restaurant business where tips received by servers are pooled, then split amongst the servers, cooks, dishwashers, and bartenders. Employers must notify their employees of any tip pool requirements.

Employment contract breach? Consider legal help

Negotiating an employment contract may be one of the most important things you do in your career. The terms of your contract can specify your salary, hours, benefits, severance pay, the scope of your employment, and even the activities in which you engage after you leave the job. If you fail to aggressively and fairly negotiate your position on these matters, then you could be taken advantage of by your employer. Additionally, when you think your employer is in breach of contract, then you need to be prepared to take legal action to protect your best interests.

The best way to avoid a contract dispute is to ensure that you understand the terms of your contract before signing it. Once you fully understand terms, like non-compete agreements, you can better position yourself to negotiate for what you feel is right. Yet, even if you do that, your employer may still try to take advantage of you. By pursuing a lawsuit against your employer, you may be able to recover compensation, reinstatement of your position, or have the terms interpreted in your favor. This can have a huge impact on your future.

How does California's employment law address holidays?

For many Californians, there are certain holidays that they hold near and dear. These individuals may find themselves wanting to spend time with their families during these times, but that desire can be complicated by an employer who asks an employee to work. Some may think that they have certain legal protections when it comes to holiday work, yet many may find the truth surprising.

Key factors when assessing a non-competition agreement

An employment contract can cover a lot of issues. Compensation, hours, and length of employment are often addressed, but so, too, are issues regarding supplemental employment and confidentiality. These matters can often be drawn into question when a business relationship sours, which can lead to contentious litigation. While most of these issues come up at the time of employment or upon termination, there are contractual issues that may come up well after an individual has left the employer with which they had the contract.

California man was subjected to discrimination, retaliation

When Californians think about workplace discrimination, they often think of the major forms of discrimination, including race, ethnicity, gender, and age. Yet, the term "discrimination" may encompass a much broader realm than that. For this reason, those who believe they have been discriminated against at work need to fully understand their legal rights and how best to act on them.

The law dictates when wages must be paid

Far too many Californians are living paycheck-to-paycheck. These individuals and their families rely on consistent and timely payment of their wages just to make ends meet. When they aren't paid when they are supposed to be paid, they can face devastating financial consequences. They may miss their rent or mortgage payment, be late on their car payment, and even struggle to keep the lights on and put food on the table. Yet, late payments can affect all employees in California, which is why the state has implemented laws regulating when workers must be paid.