Month: November 2017

What to Do After Being Wrongfully Terminated

What to Do After Being Wrongfully Terminated

If you believe you were wrongfully terminated, you should talk to an experienced employment lawyer right away. As you can see, there are many potential legal theories on which you might have a lawsuit.

A lawyer can help you sift through the facts, determine your strongest claims, and take steps to assert your rights. In some cases, you might need to take action relatively quickly to protect your right to sue.

A lawyer can file a lawsuit, help you negotiate a generous severance package, or advise you on other ways to resolve your claim.

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

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Retaliation Claims in California – Part II

Retaliation Claims in California - Part II

California is perhaps the state that offers the most protections for employees, which means there are many potential bases for retaliation claims. If you were fired for making a complaint or exercising a right granted by law, you may have a claim against your employer.

The damages available for retaliation claims depend on which law you were exercising your right under. Typically, though, a successful employee can collect not only lost wages and benefits, but also attorneys’ fees, damages for emotional distress, and sometimes punitive damages.

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

Retaliation Claims in California

Retaliation Claims in California

An employer may not fire an employee for exercising, or trying to enforce, their employment rights.

For example, you may not be fired for filing a complaint of discrimination or harassment, requesting or taking family and medical leave, taking time off to serve on a jury, filing a workers’ compensation claim, or complaining about illegal wage and hour practices (such as unpaid overtime or illegal tip sharing arrangements).

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

Discrimination Claims in California

Discrimination Claims in California

Employers may not make job decisions, including whether to fire an employee, based on certain protected characteristics.

In California, these characteristics include race, color, national origin, religion, sex (including pregnancy), age, disability, genetic information, sexual orientation, gender identity, citizenship status, marital status, AIDS/HIV status, medical condition, political beliefs or activities, military or veteran status, or status as a victim of domestic violence, stalking, or assault.

If you were fired because of your membership in a protected class, you may have a strong wrongful termination case. If you win a discrimination lawsuit, your employer can be forced to pay not only your lost wages and benefits, but also your attorneys’ fees and court costs, damages for your emotional distress, and possibly punitive damages.

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

Do I Have a Wrongful Termination Claim in California?

Dejected just fired an office worker with personal belongings in

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

Layoff Protections for California Employees – Part II

Layoff Protections for California Employees - Part II

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.

The federal Worker Adjustment and Retraining Notification (WARN) Act gives employees these rights.

Almost half of the states have similar laws, and California is one of them. Although it doesn’t go as far as a few states, which require employers to pay a small severance or continue health benefits following a layoff, California law does expand the employers and employees who are entitled to advance notice of a layoff.

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 – Part I

Layoff Protections for California Employees - Part I

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.

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

Lactation Breaks Under California Law

Mother with her baby boy.

In 1998, the California legislature passed a resolution encouraging all California employers to accommodate the needs of breastfeeding employees by ensuring that employees would have adequate facilities for breastfeeding or expressing milk for their children.

In 2002, the legislature enacted labor code laws to accomplish this goal, making it mandatory for all employers to provide breaks and other accommodations to nursing employees.

Employers must give nursing employees a reasonable amount of time to express breast milk during the workday. These breaks should be taken during the employee’s usual rest and meal breaks, if possible.

However, employers must provide additional unpaid break time if necessary. Unlike federal law and the laws of some states, California has no upper limit on how long after a child’s birth the mother may continue to take lactation breaks.

As long as the employee is nursing, she may take breaks to express breast milk.

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