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March 2018 Archives

Recent survey finds whistleblower retaliation is on the rise

There are many different rules and laws in California that govern many different situations in life. People are also constantly trying to circumvent them or break them to make life easier. This is no different in the workplace. Companies have to follow many different rules and regulations depending on the type of industry they work in and following them can require extra costs. So, in order to make more money or save money, many times companies try to circumvent these rules or outright break them.

Types of damages to consider in a wrongful termination lawsuit

Losing a job can be very difficult in California. It happens to many people, but the circumstances that lead to the firing can vary. Sometimes the reason the person is fired is because the company is experiencing a downturn and they can no longer afford to have an employee on the payroll. Other times it is because the employee is no longer doing their job at an acceptable standard and the company feels the need to replace the employee with someone who will do the job correctly.

California employers must display poster for transgender rights

Society in California has slowly progressed in their understanding and acceptance of people from all cultures, sexual orientation and other differences. For a long time the law in California has tried to ensure that all people are treated equally, but over time as our understanding of people changes the laws have changed as well. This is true in the workplace as well. Over time the protected classes have grown larger and now transgender individuals are a protected class as well.

Fired employee claims Walmart cheating in retaliation case

Competition between various companies is part of commerce in California. There are many different products and services that people need and many different companies trying to provide those things to consumers. These companies are providing these services in products and services ultimately so the company can make money though. So, they are constantly competing against the other companies in the industry to get as many customers as possible and make as much money as possible.

Legal or illegal, here are the common reasons people get fired

In California, most employees are legally considered to be employed "at will". While the laws related to being employed "at will" can differ from state to state, in California this means that your employer basically has the right to terminate your employment when they like, for any reason they feel warrants it, as long as the reason isn't in violation of your civil rights. 

Process for filing a wrongful termination claim in California

Generally for many different legal situations in California, there are two different types of jurisdictions. There are the California state courts and the federal courts. Which jurisdiction a lawsuit filed in depends on the facts and whether a federal law or state law has been broken as well as other factors.

Which companies are exempt from family leave laws?

There are many different companies in California. Not only do they vary greatly in the services or products they provide, they also vary greatly in size. They range from companies with just one sole owner who runs the whole company to multinational corporations who have thousands of employees. However, no matter the size of the company it is important that employees are treated fairly and every employer is prohibited from sexually harassing their employees.

What it means for workers for California to be a sanctuary state

The recent efforts of California to provide some measure of protection for the undocumented workers and their families who reside and are employed in the state are currently being met with resistance from the Department of Justice, which filed a complaint against the state in the U.S. District Court in Sacramento on March 6th. The lawsuit was in response to three “sanctuary” laws passed in California in 2017, which the Justice Department alleges will obstruct the efforts of federal immigration officials to investigate the status of undocumented workers and further enforce federal immigration laws, creating a potentially harmful threat to the general safety of the public. 

What types of actions by an employer are considered retaliation?

They are many reasons why an employer will treat certain employees a certain way. Some employers may expect more from certain employees for one reason or another or have different job requirements. This is not by itself illegal and for the most part employers can set their own internal policies for work performance, attendance and other expectations. However, there are some exceptions to this rule.

What is a constructive discharge from employment?

People in California have many different types of jobs and each one has good parts and bad parts. People also have different relationships with different co-workers and supervisors. Sometimes people do not particularly like a supervisor and may think they are overly harsh or difficult. However, this does not necessarily mean that the work conditions are so bad that the person feels like they need to quit.

#MeToo isn’t just a social movement. It’s about workplace rights.

"If all the women who had been sexually harassed or assaulted wrote 'Me too.'as a status, we might give people a sense of the magnitude of the problem." This post was retweeted on Alyssa Milano's Twitter feed encouraging those who have been a victim of harassment or assault to help create a unified voice to draw attention to this silent crisis that is affecting America. The unfortunate truth is that many women have been taught that these things are private, embarrassing, and sometimes even too shameful to acknowledge.

Female engineer at Google claims sexual harassment

Women's rights in the workplace in California have been in the spotlight recently. In addition to the movement to stop the systemic nature of sexual harassment towards women, there has also been attention brought to the wage gap and difference in opportunities between men and women. This has been a big issue especially in the technological industry in Silicon Valley. Women have brought light to this type of sex discrimination and harassment at many of the major technological companies.

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