Month: April 2017

Do I Have a Wrongful Termination Claim in California?

Do I Have a Wrongful Termination Claim in California

California employees who were wrongfully terminated can collect lost wages, benefits, and more.

Employees who are fired in violation of an employment contract, for discriminatory reasons, or for exercising certain legal rights may have a wrongful termination claim. In California (as in other states), most employees work at will, which means they can be fired at any time, with or without notice.

However, California has created a number of illegal reasons for termination, which are off limits for employers.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Advertisements

Damages for Violating Required Notices for Layoffs in California

Damages for Violating Required Notices for Layoffs in California

An employer who violates either the federal or state WARN law may be ordered to pay all affected workers for all pay and benefits they lost for the period of the WARN violation, up to the full 60 days WARN requires.

This amount is reduced by any wages earned or severance payments the employer made voluntarily during that time.

For example, if an employer should have given 60 days’ notice, but gave notice only 40 days in advance of a layoff, employees would be entitled to 20 days of pay and benefits, unless the employer paid them severance covering that extra time.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Required Notices for Layoffs in California

Required Notices for Layoffs in California

If a layoff or plant closing is covered by the federal Worker Adjustment and Retraining Notification (WARN) or by California’s mini-WARN, employees who will lose their jobs are entitled to notice 60 days in advance.

Employees who are union members need not receive individual notice; instead, the employer must notify their bargaining reps, who are expected to pass the information along to the affected employees.

The notice required is the same under federal and California law. It must provide specified information about the planned layoffs, including whether they are expected to be temporary or permanent, the expected date when the layoffs will begin and when the employee will receive a termination letter, and whether the employee will have bumping rights.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Layoff Protections for California Employees

Layoff Protections for California Employees

If a California employer downsizes, conducts a mass layoff, closes a facility, or otherwise cuts a significant number of jobs, employees have certain rights.

Unfortunately, employees don’t have a legal entitlement to keep their jobs, nor to be hired into other positions with the company or be considered for rehire. Employers are not prohibited from letting go off workers when financial times get tough.

However, employees do have the right to a certain amount of notice before a plant closing or large-scale layoff. If the employer fails to give proper notice, employees are entitled to damages.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Reasons for Employees to Collect Unemployment Benefits

Reasons for Unemployment to Collect Unemployment Benefits

In California, you must be out of work through no fault of your own to qualify for unemployment benefits.

First, layoffs. If you are laid off, lose your job in a reduction-in-force (RIF), or get “downsized” for economic reasons, you will meet this requirement.

Second, firing. If you are fired because you lacked the skills to perform the job or simply weren’t a good fit, you should be able to collect benefits. If you are fired for misconduct, however, you will not be eligible for unemployment benefits.

Third, quitting. If you quit your job, you won’t be eligible for unemployment benefits unless you had a good reason for quitting, meaning that a reasonable person who truly wanted a job would have left under the same circumstances. If you had good cause related to your job (such as illegal discrimination, harassment, unsafe working conditions, or fraud by your employer), you will be eligible for unemployment benefits.

In this situation, you must have taken reasonable steps to resolve the situation before quitting, which means you must have discussed the problem with your employer and allowed a reasonable amount of time for the employer to fix the situation before you left the job.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Collecting Unemployment Benefits in California

Collecting Unemployment Benefits in California

In California employees who are temporarily out of work through no fault of their own may qualify to collect unemployment benefits.

However, the eligibility rules, prior earnings requirements, benefit amounts, and other details vary from state to state. Here are the basic rules for collecting unemployment compensation in California.

You must meet three eligibility requirements to collect unemployment benefits in California:
– Your past earnings must meet certain minimum thresholds.
– You must be unemployed through no fault of your own, as defined by California law.
– You must be able, available, and actively seeking work.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Sexual Harassment In The Workplace: Federal & California Law

Sexual Harassment In The Workplace federal and california law

Sexual harassment in the workplace has become a serious area of concern.

Sexual harassment is unwelcome sexual physical or verbal conduct in the workplace. There are two categories of sexual harassment: quid pro quo and hostile environment.

Federal law forbids sexual harassment under Title VII of the Civil Right Act of 1964. Title VII covers employers who employ, or have employed, 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year.

Sexual harassment is illegal under the California Fair Employment and Housing Act. Sexual harassment protections extend to applicants, employees, unpaid interns, professional relationships and independent contractors.

Sexual harassment law covers the actions of supervisors, coworkers, customers and vendors. Depending on the actions, or inaction, of you and your employees, you may be held liable.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

10-Minute Rest Break Obligations in California

10-Minute Rest Break Obligations in California

Employers must authorize and permit uninterrupted rest periods for all nonexempt employees whose total daily work time is at least 3.5 hours. These mandatory rest breaks must be offered at the rate of 10 minutes for every four hours worked, or “major fraction” thereof. Anything over two hours is considered by the courts to be a “major fraction” of four.

As a general rule, and insofar as practicable, the rest period must be in the middle of the four-hour work period. Though this is the general rule, there is no absolute obligation to permit a rest period before a meal period.

According to the California Supreme Court in Brinker, “shorter or longer shifts and other factors that render such scheduling impracticable may alter this general rule.” Employers are given some latitude as they may “deviate from that preferred course where practical considerations render it infeasible.”

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Meal & Rest Break​s In California

Meal & Rest Breaks In California 1

Meal and rest break compliance continues to be the source of a great deal of litigation for California employers. Understanding California’s meal and rest breaks requirements is extremely important.

To comply with these rules, employers must do everything possible to communicate the legal requirements of California’s employee break laws to nonexempt workers and provide them opportunities to take meal and rest breaks.

Employees with specific questions regarding their meal and rest breaksshould consult legal counsel.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/