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When Can You Sue an Employer for Wrongful Termination?
Posted in Wrongful Termination on August 5, 2020
It’s not uncommon for employees who lose their jobs to wonder if they have been wrongfully terminated, especially when an employer offers a vague explanation for the firing or no explanation at all. Wrongful termination is an often-misunderstood legal concept that only applies to a very specific set of circumstances. It occurs when an employee… read more
New 2020 Law Prohibits “No Rehire” Provisions
Posted in Workplace Discrimination on March 27, 2020
When employees file a claim against an employer for harassment in the workplace, oftentimes, as part of a settlement offer, employers would include a “no-rehire” provision to ensure that the victim of harassment is never allowed to work for their company in the future. While many employees and employers oftentimes mutually agree to part ways… read more
California’s Meal and Rest Laws 2019
Posted in Wage & Hour Laws on August 6, 2019
California is one of the best places to live as an employee in America. California’s employment laws generally favor employees, with extensive medical leave benefits and strong anti-discrimination laws. California also has meal and rest break requirements all employers must obey, or else face penalties. Understanding California’s current meal and rest break rules could help… read more
Can an Employer Ask for Proof of Disability?
Posted in Discrimination on July 24, 2019
As someone with a disability in America, you have rights and protections under federal law. The Americans with Disabilities Act (ADA) protects you from issues such as employment discrimination and harassment. Your disability is a protected class, meaning employers and coworkers cannot exhibit biases against you because of your incapacity. It is also your right… read more
Your Rights as a Cancer Patient in the Workplace in California
Posted in Discrimination on July 23, 2019
Finding out you have cancer is hard enough without also having to deal with requesting time off work, explaining your situation to your boss and dealing with workplace discrimination. The National Cancer Institute estimates over 1.7 million new cancer cases arise each year. More than 40% of cancer patients are working adults. You are not… read more
Are Rideshare Drivers Employees?
Posted in Firm News on June 19, 2019
Uber, Lyft, and other rideshare companies have been at the center of an employment law controversy almost since their inception. Unlike taxi companies, ridesharing services do not classify their drivers as employees. Instead, they classify them as independent contractors in all 50 states. This makes rideshare drivers ineligible to receive benefits promised to employees under… read more
How Can I Prove Sexual Harassment With No Witnesses?
Posted in Sexual Harassment on May 15, 2019
Sexual harassment is a pervasive problem in the workplace. The most recent year data is available, nearly 30% of all charges filed with the Equal Employment Opportunity Commission (EEOC) dealt with sexual discrimination, including sexual harassment. If someone sexually harassed you in the workplace, you have every right to seek justice and restitution. Even if… read more
What Do I Do If I Was Misclassified as an Independent Contractor?
Posted in Firm News on May 14, 2019
It is every employer’s legal duty to properly classify its workers as either employees or independent contractors according to certain criteria. The correct classification is important because it can determine your pay scale, taxes, benefits, rights, and responsibilities as a worker. If you believe your boss has misclassified you as an independent contractor when you… read more
How to Blow the Whistle If You Signed an NDA?
Posted in Whistleblower Protection on April 16, 2019
Many employees in various industries must agree to and sign non-disclosure agreements (NDAs) as a requirement of their work. For example, a pharmaceutical company employee may need to agree not to share trade secrets with competing companies. Employees who work in client-facing businesses may need to sign NDAs agreeing not to discuss client-related matters in… read more
Can My Boss Deny My Time Off Request? What Are My Rights in CA?
Posted in FMLA on April 12, 2019
Virtually every employer offers some type of discretionary time off policy. Some employers allow employees to accrue paid vacation days, sick days, personal days, and paid time off. Employees have the right to use discretionary paid leave as they see fit in accordance with employer policies. For example, an employer may allow you to take… read more