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June 2016 Archives

Can there be a wrongful termination claim in at-will employment?

According to California's Labor Code, employment is presumed to be at-will if the employer and employee did not sign an employment contract that specifies the duration of the employment. This means that the employee may be discharged at any time, with or without cause. However, some workers may not be aware that many different circumstances under which employment is terminated can constitute viable wrongful termination lawsuits.

FMLA workplace discrimination the basis of many lawsuits

The Center for Worklife Law at the University of California Hastings College of the Law has reported interesting information related to the number of lawsuits filed against employers by workers who are denied family leave. This type of workplace discrimination seems to be prevalent, and more people are taking legal action against their bosses. In some of these cases, the plaintiffs have been awarded substantial amounts. However, this is a complicated area of the law and may be best navigated with professional guidance.

What is employer liability in a sexual harassment claim?

Under California law, sexual harassment in the workplace is illegal. This can include unwanted sexual advances, offensive sexual comments, the sharing of material that is deemed offensive and much more. However, while most will be aware of the illegality of these acts, they might not be fully cognizant of how employers are and are not liable if there is sexual harassment occurring. Having a basic knowledge of this can help when considering legal action because of sexual harassment.

Employee classification at the heart of contractors' lawsuits

One confusing aspect of the law when it comes to the employer-employee relationship in California is how contractors are classified and compensated. For a variety of reasons on the part of both the employer and employee, a greater number of workers are functioning as contractors and not actual employees. With that, a disagreement on any issue can be a contentious matter. Those who are having a problem related to employee classification need to have a grasp on the law and assistance in pursuing what they are entitled to.

What is a whistleblower and what protections do they get?

The term "whistleblower" might be heard frequently, but in California, it is important to know specifically what it means and what protection against retaliation whistleblowers receive if they issue a report of wrongdoing on the part of their employer. A whistleblower provides information regarding a federal or state law violation; a failure to comply or violation with local, state or federal regulations or rules; and unsafe working conditions or practices at the place of employment or during the course of employment of the worker.

What if a military person faces employment discrimination?

There are many active duty service members, retired service members and reservists of the United States Armed Forces in California. While the service they provide for the country is noble and incredibly appreciated, there are still times when these brave men and women are discriminated against for a variety of reasons. This can happen when they are seeking work or returning to their civilian job and are confronted with workplace discrimination or employment discrimination. The law states that veterans are accorded certain protections.

Musician accuses of unwanted sexual advances in lawsuit

In California, sexual harassment on the job is a problem that arises relatively frequently. There are various ways in which an employee can be harassed and it is not limited to certain workplaces. It can and does occur in regular workaday jobs, and in jobs that are seemingly more enjoyable such as the entertainment industry. While entertainers might be doing something they love for significant sums of money, that does not mean that employers do not have to adhere to employment law. When there is a legal violation related to sexual harassment, those who have been affected have the right to seek compensation in a legal filing.

Number of employees filing winning claims over eldercare growing

California employees need to fully understand their rights under federal and state laws when it comes to various aspects of their employment. For example, employees may be confused about what is and is not allowed to when it comes to taking leave to care for a family member. But they should know that employers are required to provide a certain amount of time off to an employee if there is a sick loved one at home that requires the employee's attention. If an employer does not provide the required time off, or punishes the employee for exercising their rights to take that time off, even if it is unpaid, this can be the foundation for a legal filing.

What are an employee's rights under workers' compensation laws?

Employees in California are entitled to receive workers' compensation benefits if they are injured on the job. This might not be universally known by many workers. However, the California Labor Code states that all employers that have at least one employee must have workers' compensation insurance. If there is an injury on the job and the employer did not have workers' compensation insurance, the employee might be able to file a claim because of that.

California recycling company found in violation of wage laws

California workers are often subjected to violations of state and federal wage and hour laws. Employees working in entry level jobs or jobs that are based in manual labor are often victimized. In some cases, the people are immigrants and are unaware of their rights based on wage and hour law. If a court determines a violation has occurred, the employer can be ordered to pay what should have been paid under the law, plus additional damages.

Legal assistance with an employment contract dispute

Although most California workers are at-will employees, some work pursuant to an employment contract. An employment contract will typically include provisions for payment and duration. For those who have a contractual agreement with their employer, it is important to recognize when there has been a breach of contract.

Fired advertising company president alleges wrongful termination

In California, allegations of wrongful termination, retaliation and other employment law violations can arise in any kind of job whether it is a corporate or a blue collar position. Those in prominent positions can be victimized just as someone on a lower-tier job can. Understanding what employers can and cannot do under state employment law can help an employee recognize when something illegal has occurred.

Amendments to California law add to transgender employee rights

A broad spectrum of rights for those who are transgender or have a different sexual identity than prevailing norms are being implemented in California and across the country. New rules were put into effect on April 1 based on the Fair Employment and Housing Act in the state. It is important for employers and employees to have a full understanding of these changes and to ensure compliance.