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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 …
Violating your felony probation in Nevada can trigger the judge to un-suspend your original prison sentence, which can be one or more years depending on your case. Though in my experience, it may be possible to persuade the judge not to revoke your probation at all so you can stay out of custody. How long …
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 …
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 …
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, …
If you share joint custody of a child in Nevada, you do not need anyone’s permission to make a short-distance move that does not substantially impair your co-parent’s ability to maintain a relationship with your child. Though if you do wish to make a long-distance move such as to another city, state, or country – …
Fake driver’s licenses can be doctored versions of real people’s licenses or totally fabricated licenses of fictional people. Both are common in Nevada and particularly in Las Vegas, where IDs are necessary to access most attractions. Possessing or using a counterfeit, reproduced, or otherwise fake driver’s license is a Nevada fraud crime if you have …
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 …
In California, the ABC test is one of the tests courts use to determine whether a worker or a vendor is actually an employee vs an independent contractor. Employees have a right to legal protections under state and federal employment law, such as overtime pay, the minimum wage, and other employee benefits. Independent contractors are …
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 …
Involuntary manslaughter is a category D felony in Nevada, carrying one to four years in prison and up to $5,000 in fines.1 Though the sentence can be as much as doubled if you used a deadly weapon to commit the unlawful killing.2 What is involuntary manslaughter? Nevada’s legal definition of involuntary manslaughter is the unintentional …
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 …
In California, you are considered a full-time employee if you work 40 or more hours weekly. This entitles you to certain workplace benefits. However, some federal laws define “full-time work” in a way that requires fewer hours on the job. Under these laws, you could be entitled to healthcare or retirement benefits without working 40 …
Nevada’s mandatory reporter laws require certain professionals to contact police when they learn of: child abuse or neglect; elder abuse, which is abuse, neglect, exploitation, isolation, or abandonment of people 60 years old or older; vulnerable person abuse, which is abuse, neglect, exploitation, isolation, or abandonment of disabled people; patients with non-accidental bullet wounds or …
The difference between a driver’s license revocation and a license suspension is that a revocation is permanent, whereas a suspension is temporary. However, if your license has been revoked, you may still be able to get a new one. Whether it is revoked or just suspended, though, driving without a valid license is a criminal …
93 percent of workers’ comp claims lead to a payout right away, according to one study. Of the 7 percent of claims initially denied, two-thirds are overturned and paid out within the year. However, this does not necessarily mean that the victim is fully compensated. You only “win” your workers’ comp case if you recover …