Effective Representation In Employment and Wrongful Termination Cases for Workers and Businesses
In Yau v Santa Margarita Ford Inc (2014), the Appellate Court recently held that an employee of a car dealership who is terminated in retaliation for complaining to management about suspecting a submission of fraudulent warranty claims, can bring a wrongful termination claim in court. The Court held that such a conduct implicates laws against Read More …
Recently, we handled a number of cases in Sacramento where the employer presented an employee with a choice of resigning v being terminated or laid off. Usually, an offer to resign is accompanied with some type of severance package. The employee often chooses to resign to avoid having the termination mark on their record. When Read More …
Telecommuting or working from home can often be an effective, reasonable accommodation to an employee with a particular disability or medical condition, especially in cases where the commute itself is challenging because of an injury (i.e. serious back injury, foot injury etc…) and where work tasks can be effective accomplished without being in office, or Read More …
Here is a simple way to calculate unpaid overtime due to you, if you were not paid overtime because you were incorrectly classified as exempt employee or for some other reasons: Suppose your annual wages are set at $40,000/year. You regularly work for more than 8 hour per day. On some days you work 10 Read More …
Bullying is inherently a vague and relative term. Different people and different employees may mean very different things by referring to someone’s harsh treatment as bullying. However, generally – workplace bullying and other types of unfair treatment at work are not against the law, unless there is specific evidence that the underlying reason for bullying Read More …
Under the law, it is the employer’s responsibility to determine when FMLA leave is appropriate, to inquire as to specific facts to make that determination, and to inform the employee of his/her entitlement to medical leave, once the employee approaches the employer and reasonably informs the employer of having an FMLA qualifying medical condition. Bailey Read More …
Suppose you are a non-exempt employee (i.e. an employee who is not a manager and who is entitled to overtime pay) who was ordered by his employer to attend a training class in another city or another state, which requires you to take long drives or overnight flights to the training destination outside your work Read More …
The Ninth Circuit case McAlindin v. County of San Diego is a case of great help to those employees who have been diagnosed with and suffering from anxiety disorder or panic disorder. In that case, the employer first argued that the employee’s condition wasn’t a protected disability within ADA because it didn’t substantially limited that Read More …
Resigning or quitting a job is an important decision for anyone. Many employees assume certain things about their rights at the time of resignation that may or may not be correct. Therefore, it’s generally a good idea to consult an experienced employment attorney about your legal options before you quit your job, especially if you Read More …
An essential element of making a retaliation claim is showing that the reason you were terminated was that you engaged in a “protected activity”. Only some activities are considered “protected”. This includes complaining about unlawful discrimination (including filing charges with EEOC or DFEH), unlawful harassment, labor code violations (i.e. not being paid overtime, minimum wages, Read More …