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If you get fired for making a workers’ compensation claim, you can file a wrongful termination lawsuit. It does not matter if you are an “at will” employee since retaliation for invoking workers’ compensation rights is a clear violation of public policy. Successful lawsuits can recover back wages and even lead to reinstatement. Some states …
You can request your personnel file from a former employer by contacting them, often in writing, and demanding access to the file. Employers are legally required to maintain records about your time at work. You generally have a right to review these records. Your personnel files can be valuable evidence if you have suffered a …
Marital status is generally not a protected class under federal employment law. However, around half of the states in the U.S. have state laws that make it a protected class. Where it is a protected class, employers cannot discriminate against you based on your marital status. If they do, you have legal recourse under anti-discrimination …
In California, employers are required to fully reimburse you when you use your personal vehicles for business purposes.1 There are 4 ways to calculate the reimbursement: lump-sum payments, Actual mileage, Actual expenses, or A mixture of fixed and variable rates. 1. Lump-sum payments California employers are allowed to use a lump sum payment to reimburse …
Infractions vs Misdemeanors: What's the Difference?Watch this video on YouTube Infractions and misdemeanors are both offenses in the California criminal justice system. The main difference between the two is in their severity and in how they get punished. Infractions are less serious offenses than misdemeanors. They are punishable by a maximum fine of $250 (though certain …
Certain criminal convictions in California can lead to deportation if you are not a United States citizen. It often does not matter how long you have been in the country. Known as “deportable offenses,” these are: crimes of moral turpitude, aggravated felonies, drug offenses, firearms offenses, and crimes of domestic violence. 1. Crimes of moral …
California drivers with a suspended license have to wait for the suspension period to end. Then they have to apply for reinstatement with the Department of Motor Vehicles (DMV). This includes paying license reinstatement fees and proving proof of adequate car insurance. Some drivers may also have to provide evidence of completing certain courses, like traffic …
In California, if you have a suspended license, you have to wait for the suspension duration to end to apply for a reinstatement. A license that has been suspended will not automatically renew when the suspension period ends. Applying for reinstatement includes paying fees, proving proof of adequate auto insurance (SR22 insurance), and applying in …
There are 3 ways to check the status of your California driver’s license and whether it is valid or suspended: online on the DMV website, in person at a DMV office, and by mailing an INF 1125 form to the DMV headquarters. Each method has a fee. That fee ranges from $2 to $5.1 There …
In California, law enforcement agents can get a wiretap for your phone if they can obtain a court order. This court order can initially last up to 10 days, although it can be extended. It will only be issued if there is probable cause to believe it would gather evidence of a serious felony. The …
Workplace harassment is unwelcome and discriminatory conduct that happens on the job. Harassing behavior can be: verbal, like using slurs, name-calling, demeaning epithets, or offensive jokes, nonverbal, like stalking or cyberbullying, environmental, like displaying inappropriate photos or laughing at off-color jokes, and/or physical, like groping. Anyone can be a harasser in the workplace, such as: …
Tip pooling is legal in California so long as the pool does not include managers who have the authority to hire or fire you. The only time managers can join in the tip pool is if they do the same work as you. Here are four key things to know: Employers must distribute funds in the …
You may be in a hostile work environment if you or others are being subjected to: verbal abuse coercion derogatory language inappropriate humor displays of offensive objects or images physical attacks extreme ridicule or sarcasm bigoted language or slurs (particularly if you belong to a protected class) threatening statements Furthermore, this behavior has to be …
In California, mandatory overtime pay is required for non-exempt employees in 3 circumstances. Time-and-a-half pay is required when you work more than 8 hours in a workday. Double-time pay is required when you work more than 12 hours in a workday. If you work 7 days straight, you are entitled to time-and-a-half pay for the …
In California, the statute of limitations for contractual medical liens is four years. This gives medical providers four years from the date of the lien agreement to take legal action to collect on it. After the four years have passed, the lien expires. The medical provider loses their right to pursue payment in court, though …
10 of the most important rights that you have under California employment law include: overtime pay, meal and rest breaks, anti-discrimination rights, protection from sexual harassment, family and medical leave (FMLA), minimum wages, protection from workplace retaliation, workplace safety, sick leave, and protection from wrongful termination. You also have other employee rights, as well. However, …
After a drowning accident, the person responsible can be held liable and made to compensate the victim. Six common parties to be held liable for a drowning include: private swimming pool owners, public swimming pool operators, neighborhood associations or recreation centers, apartment complexes, hotels, and water parks. A personal injury lawyer can help victims and …
In California, the term “financial responsibility law” refers to the requirement that you carry proof of your ability to cover damages you may inflict in the event of a traffic accident. This usually means proof of auto insurance. The law is largely found in Vehicle Code Sections 1600-16078 VC and is sometimes called “California’s Compulsory Financial Responsibility …
The simple answer is yes. If the Department of Motor Vehicles (DMV) learns you had a fainting spell, it will likely suspend your driver’s license. However, you do have an opportunity to contest the suspension. If you can show that the fainting episode was isolated and that you are otherwise safe to drive, your license …
A constructive dismissal happens when you voluntarily quit because your employer created intolerable working conditions. Those conditions have to be bad enough that you have no reasonable alternative but to resign. Even though you quit, the discharge is treated as a termination. If your employer had no right to fire you, it can lead to a …
In California, you may be entitled to reporting time pay if you show up to work but get sent home before working half of your shift, or if you work a second shift of under 2 hours. Your employer may have to pay you for hours you did not work. However, there are some exceptions …
If you do not go to jury duty when summoned, the judge will typically issue you a second summons. If you continue to not go to jury duty, you can be held in contempt of court. Contempt of court can carry a fine or even jail time. You can avoid this outcome by showing that …
The crime of driving under the influence (DUI) can be a felony in some severe cases. When it is a felony will depend on your state’s DUI laws. However, it is often a felony if you have a history of DUI convictions or if you caused a serious car accident. Felonies carry more prison time …
Every wrongful death case is different in California. This makes it impossible to say what an average settlement amount would be for one. There is no “average” case. Some settle for only a few thousand dollars. Others, however, can lead to settlements of well over a million dollars. There are numerous factors that will affect …
Even though California is an at-will employment state, there are scenarios where it is unlawful for employers to terminate you. Nine common examples of wrongful termination in California are when you get fired for: a discriminatory reason, blowing the whistle on misconduct, filing a workers’ compensation claim, enduring a hostile work environment, demanding unpaid wages …