Things You Must Look Out for If Ever You Get Terminated in California

The State of California is known as an “at will” state, which means that employees can be terminated at any time with or without just cause. Usually, such employment decisions are handled by the employers’ Human Resources departments. Despite the “at will” status of employees, some employer-employee relationships are bound by contracts.

That being said, termination of employees, regardless if the employee is considered at-will or contracted, should be in adherence with the prevailing employment and labor laws of the state, so it is a must that you make sure that your employer meets and follows these laws.


One of the things that you must know as an employee is how termination should go down. If you are an at will employee, you must make sure that the reason for your termination is not based on any discrimination or retaliation. If you are a contracted worker, on the other hand, your termination must only be based on your failure to follow certain provisions set forth in your contract.


Also, you must make sure that your employer gives you important documentation showing the reason why you were fired. This should include any behavior that caused your termination, as well as prior warnings you’ve incurred as regards to your behavior. For reference, your employer will record your termination into your work history file.


Under the existing California employment and labor laws, you are entitled to all wages due to you. These include all your hours worked, as well as paid vacation leaves you did not use. All of these must be paid to you during your termination date and not on the next scheduled pay date.


Although some employers follow these very basic procedures in terminating an employee, some others take advantage of the latter’s “at will” status, or illegally terminate the latter even though a contract between them exists. In this regard, the prevailing employment and labor laws in California also provide the necessary protections for employees who have become victims of wrongful discharge by their employers.


If you have been subjected to such, then you must first air your complaint with the human resources department of your company. If your company does not address your grievances, then it is a must that you file a complaint with the appropriate agency. Better yet, you may seek the expertise of a Los Angeles employment discrimination lawyer.

Picking the Best Lawyers Made Easy

Have you been a victim of workplace discrimination,wage and hour disputes, as well as other more cases in the workplace? You are probably itching to file the necessary complaint and get justice for all of the wrong that has been done to you. But to be able to win the complaint you are filing, you have to be able to come up with a strong, solid case and a good team to back you up. Being assisted by nothing but the best lawyer would be very helpful to ensure your case’s victory. So here are tips on how you can find and hire top Los Angeles employment lawyers that you can find. 

 

 

-          Get quality referrals. Talk to your family and relatives. They probably have been in contact with a good lawyer. Or perhaps, they have friends and other relatives that have been through legal battles before. You can also get referrals from your local State Bar Association. These would help you get the best lawyers possible to help ensure your win in the case you are filing.

-         Screen possible candidates. After you have asked for referrals, come up with a shortlist of the best possible lawyers to hire. Interview the candidates to help you find the best lawyers you can find. A shorter “shortlist” can help you come up with the best candidates for the job.

-          Interview the top candidates after a series of screening. You may need to personally meet with the lawyer-candidates and ask them questions personally. Ask about their law experience, their specialty. Ask for names of previous clients and get additional information. Ask them if they have been involved in employment law activities like legal seminars and professional organizations. These could help you come up with finest lawyers ready for the final selection process.

-          Know the costs. The one final thing that could affect your decision is the cost of their service. Are they too expensive for your budget? Find the best compromise between a good and an affordable lawyer.

Getting representation in the courts is critical to ensure that you get the best services possible. Your choice could spell the difference between winning and losing your complaint. So pick the best possible lawyer you can find to get justice for all the wrongdoings done against you in the workplace.

New Reason for Whistleblowers to Surface

Everyone grew up with various institutions inculcating the right values. It is one’s nature to believe in what’s right and stand up for it. However, as one grows up and deals with the real world, he or she faces deception, corruption, abuse, and all bad things that one can think of. With all of the negativity around, some people are lured and swayed into being one of the bad guys. Meanwhile, others choose to just keep quiet and leave in peace. Everybody’s innate goodness dictates what’s wrong and some people do go and stand up for what is right.

Fighting for what’s right

These days, doing what’s right can be very difficult. You’d face all of the possible discouragements that will make you think twice about doing what you have to do. In the workplace for example, your employer might retaliate against you, terminating you with no valid reason, making life harder for you and your family. That should not discourage you from doing what’s right for the government has put in place a law that will protect you from retaliation. Ever since its implementation in 1989, the Whistleblower Act has been able to provide the protection to employees that have reported and disclosed information of fraud, abuse, waste, or violations of laws, rules, or regulations. Many workers have benefited from the protection that this law provides.

Whistleblower’s act: Reloaded

However, federal workers are still falling victims to violation of whistle blowing laws. That is why the Senate came up with the Whistleblower Protection and Enhancement Act of 2012 that aims to cover the loopholes of the law, especially for federal employees. Here are some of the vital provisions of this new whistleblower protection law:

•    Clearer, wider scope of protection. The statutes of who’s eligible for protection has been changed to cover more and more people who come forward to report wrongdoings in the workplace
•    Discourages retaliation against federal workers. Through expanded penalties for any act of retaliation, it is more difficult to retaliate against others.
•    Removal of provisions that are “unfriendly” to whistleblowers. By removing some statutes that make it difficult for whistle blowers to seek justice, more and more people will be encourage to stand up and fight for their rights.

Going against people in authority is a difficult thing to do. However, these new protection offered by the recently amended Whistleblower’s act should give you the courage to stand up for what is right to finally right what is wrong in your workplace.

Two Seniors Get Almost a $100k As Company Rejects Their Referral

Age is just a number; that is what an old adage says. But in reality people are critical to age, including companies. Did you know that most employers would rather have younger, “cheaper” employees than experienced and more senior employees? If you think about it, the wiser decision would be retaining the best and most experienced workers. However, most businesses think otherwise. Why is it so?

More than a senior employee’s increasing paycheck, they also need various accommodations on the job. For example, older employees get sickly in time that requires them to take frequent leaves from work. Some senior workers also have a harder time adapting to varying trends at work. These factors can put them at a disadvantage compared to younger employees. Despite their great experience and know-how about the biz, controlling costs and maximizing assets can make them less competitive in the workplace.

Age Discrimination is Against the Law

Recently, two electricians in their 60’s and 70’s were denied jobs when they applied for a work in an electronic utility company. The two senior men were rejected by the company just because of their age. Instead, the company hired two men in their twenties. The men’s applications were denied even though they were referred to the company for their qualifications. This is a clear violation of the Age Discrimination in Employment Act of 1967 (ADEA).

The two old men then did the right thing. They turned to the Equal Employment Opportunity Commission (EEOC) and filed Age discrimination raps against the company that turned down their application. Soon enough, they got a settlement in their favor where they got monetary compensation. This case is a clear indication that people can stand up and fight for their rights.

The federal and state governments have various employment laws and are doing everything it can to implement such laws properly. But for these laws to work, the government needs the active participation of the citizens. By standing up against people who discriminate, abuse, and harass people, you can get the justice you deserve and hold people who commit such infractions accountable for their wrongdoings. By doing so, you don’t only fight for your rights, you also save others from being victims of abuse in the workplace.

Discrimination: How Does It Start and How Can You End It

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Nobody deserves to be treated less. All human beings are created equally no matter what their differences are. Everybody has their different skills and abilities that when meshed together can create great results. However some people find it quite hard to open up and treat all of the people with fairness and equality. Some think of others less just because of their physical appearance or because of their race.

Why discrimination happens?

According to studies there are some reasons as to why men discriminate. Here are some of them.

Has something to do with evolution. Men have adaptive strategies to things that are different to them. This defensive response proved to work well in some situations. However, when acts become prejudice to groups, this response becomes bad and ceases to be adaptive. That is when discrimination happens.

Misrepresentation of facts. Stereotyping may have positive attributes; however, these have harmful effects on their subjects. Negative stereotyping is usually created from a certain truth that has been affecting the sense of self-worth in some people.

Ignorance, fear, anger, or jealousy. These things lead to the formation of bigoted and xenophobic attitudes that hurt others.

Stopping discrimination in the workplace

Now that you understand where discrimination comes from, how do you go around and stop it? First, people who discriminate must be properly educated. By knowing the truths from made-up ideas, one will be able to understand that discrimination has serious effects on the people you inflict it to. One should also be made realize of how seriously these acts affect people. Finally, you must eliminate fear, anger, or jealousy by fostering a positive attitude in the workplace; a harmonious relationship between the workers in a workplace.

Moves to eliminate discrimination in the federal sector

Despite the various laws and efforts made to prevent workplace discrimination, truth is that it still exists. And so the government, through its agencies has been continuously coming up with new projects to promote equality in the workplace. One of those is the No FEAR Act. According to a Los Angeles employment discrimination lawyer this new law has provisions that are specifically made to prevent discrimination among federal sector employees. And so if you have been working in the federal sector and continue to experience discrimination, make sure that you consult an expert lawyer so you could get sensible legal advice and be able to file your complaints as soon as possible.

Fighting against Sexual Harassment: What You Need to Know

So you have been a victim of your bosses’ sexually-charged jokes and lewd acts? Being subjected to such disrespect and harassment is indeed so traumatizing. However, you should not let emotions guide the way you act on things. Winning your battle against sexual harassment needs you to be all matured and determined to take on the challenges you will face.

 

Protect Yourself from Sexual Harassment

To help you come up with a better strategy to go and fight for your rights, here are some of the tips from a Los Angeles labor lawyer that can help you in this long and difficult battle:

·        Do not quit. Winners never quit and quitters never win, so the cliché goes; but it is definitely true. Most abused workers would decide to quit as soon as the first or first few incidents of sexual harassment happens. Being abused is indeed scary so it is quite normal for people to think about quitting when abused. For you to be able to seek other legal remedies, you need to first exhaust all efforts possible in your workplace to resolve the issue. So if you’re planning to pursue your case eventually, make sure to stay and file the necessary complaints.

·         Know your company’s policies. Look for sexual harassment clauses in your employee handbook. Remedies to combat sexual harassment are there. Put these to good use.

·           Write it down. Writing details about the abuses against you is the most formal way of filing a complaint. Keeping a written record off all the offenses made against you, helps build the credibility of the complaint you are, or will be, filing.

·          Sex is not the operative word. Unwanted remarks, groping, and sexual overtures are not the only forms of sexual harassment. Any form of harassment against your gender is also considered sexual harassment.

·           Keep reporting forms of harassment and retaliation. Let the authorities know about the continuing offenses you are being subjected to. Report instances of harassment as they happen.

·        You have people behind you. Always remember that you are never alone and your family, friends, and colleagues are cheering for you to continue the fight.

It is not easy to go up against power and abuse. However, having the right mindset, the right information, and help can help ensure your victory against these abusive people.

Filing Your Employment Discrimination Raps

Protect Your Rights

Have you been discriminated against lately but didn’t know what to do to go and file your claim? To help you fight for your rights, we have come up with a list of things you should remember when filing your discrimination complaint to the US Equal Employment Opportunity Commission (EEOC).

·         Check if the incident you are about to file a complaint for will still be accepted by the EEOC. There is only a limited period of time where the EEOC will process you complaint. For employees of private firms, you have 180 days to come up with a complaint and file it to the agency. For federal employees on the other hand, you only have 45 days since the last day of the discrimination or harassment took place. However, there are a few exceptions where the EEOC offers a 300-day complaint filing timeframe.

·         Get as much pieces of evidence that you can have to prove the harassment or discrimination. Any document such as notarized written witness accounts, any correspondence with your employer, written records of alleged discrimination, and employment or personnel files that can support your case would do.

·         File the complaint the way you want it. You can call any local EEOC field office to ask if you can file the complaint and ask if they do take walk-ins. You can also mail your complaint to the EEOC office near you. Finally, you can also call them up on their toll-free hotline, 1-800-669-4000 to begin the process of filing over the phone. Wait for the EEOC’s return call within 10 days after you have formally filed your complaint.

·         Settle the dispute through the EEOC’s mediation process if it is requested. An impartial mediator will listen to you and your employer’s sides before they come up with a decision.

·         Be patient and wait for the EEOC’s decision. They’d try to attempt a settlement with your employer, but if there’s no success in that, you will then receive a Notice of Right to Sue. Only then you can press charges against your employer with the help of a Los Angeles employment discrimination lawyer.

Filing your complaint is easy; you just have to arm yourself with the right information to make sure that you are doing things right. Hopefully, this simple guide will help you with your employment discrimination woes.