Month: February 2018

Most Common Laws Protecting Workers from Retaliation – Part I

Most Common Laws Protecting Workers from Retaliation

Here are some of the most common laws protecting workers from retaliation:

Workplace harassment and discrimination. You may not be fired for making a complaint about harassment or discrimination in the workplace; for participating in an investigation of these issues; or for exercising your rights under these laws.

Wage and hour laws. Your employer may not fire you for complaining, whether internally or to the Department of Labor, that your employer has failed to pay the minimum wage, failed to pay overtime, denied legally required breaks, or illegally kept a portion of your tips.

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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What is Employer Retaliation?

What is Employer Retaliation

An employer retaliates against an employee when it takes action to punish the employee for exercising his or her workplace rights or for reporting a legal violation of workplace laws.

Many employment laws are enforced by employees who come forward to report a problem, such as harassment, failure to pay overtime, or safety hazards. Although there are government agencies responsible for enforcing these laws, these agencies typically don’t conduct random workplace audits looking for violations.

Instead, they rely on employee complaints to learn of potential violations. Even then, enforcement agencies almost never sue employers for breaking the law.

Although an agency might investigate, impose a fine, or even make a finding that an employer has likely violated the law, the employee must typically bring a lawsuit to vindicate his or her rights.

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

Wrongful Termination for Complaining About Illegal Behavior

Wrongful Termination for Complaining About Illegal Behavior

Were you fired from your job because you complained about illegal behavior or asserted your legal rights?

If so, you may have a wrongful termination claim for retaliation or whistleblowing. Many employment laws prohibit employers from firing employees for exercising their rights under those laws.

Employees are also protected for whistleblowing: reporting that the company has broken laws unrelated to workers’ rights (such as laws regulating consumer protection, product safety, government contracts, or shareholder fraud).

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

Work Discipline and Termination

Discipline and Termination

When you are fired, get laid off, or quit your job, you still have rights. State laws require your employer to provide your final paycheck in short order.

You may also be entitled to severance, continued health insurance coverage, and more.

You may be eligible for unemployment compensation and/or other forms of government benefits. And, if you were fired illegally, you might consider a wrongful termination lawsuit.

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

Most Common Laws Protecting Workers from Workplace Retaliation – Part II

Most Common Laws Protecting Workers from Workplace Retaliation - Part II

Here are some more of the most common laws protecting workers from retaliation:

Leave laws – You can’t be fired for exercising your right to take leave under the Family and Medical Leave Act or similar state laws, to take workers’ compensation leave, to take time off to vote or serve on a jury, to take paid sick leave, or to take any other legally protected time off work.

Health and safety laws – You may not be fired for reporting, whether within your company or to the Occupational Safety and Health Administration, health and safety violations at your workplace.

Worker’s compensation laws – Your employer may not fire or otherwise penalize you for filing a workers’ compensation claim for an on-the-job injury.

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

Final Paychecks for Departing Employees

Final Paychecks for Departing Employees

Most states require employers to give departing employees their final paychecks in fairly short order — sometimes on their last day of work.

In some states, these time limits vary depending on whether the employee quit or was fired. Some states require employers to pay out accrued, unused vacation days with the final paycheck.

In California, final paycheck will need to be delivered immediately if employee is fired.

If employee quits, then within 72 hours, or immediately if employee has given at least 72 hours’ notice. (Cal. Lab. Code § § 201, 202, and 227.3.)

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

Final Paycheck Rights When You Leave a Job

Final Paycheck Rights When You Leave a Job

Many states have laws that specify when departing employees must be given their final paycheck. Often, the time limit depends on whether you are leaving because you quit or because you were fired or laid off.

For example, in some states, employees must be given their final paycheck immediately or within a certain number of hours if they are terminated or laid off, but not until the next scheduled payday if they quit.

Some of these state laws also specify whether your accrued, but unused, vacation pay must be included in your final paycheck.

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

Right to Leave for Pregnant Women in California

Right to Leave for Pregnant Women in California

Pregnant employees who work for larger employers are entitled to time off for pregnancy, childbirth, and bonding with a new child under the federal Family and Medical Leave Act (FMLA).

The FMLA requires employers with 50 or more employees to provide eligible employees with up to 12 weeks of unpaid time off for the following purposes:

  1. for prenatal care
  2. while unable to work due to pregnancy
  3. for a serious health condition following childbirth, and
  4. to bond with a new child.

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