Transcript

Yes, you can get fired without a written warning as long as you aren’t being targeted. If everybody else was terminated with a warning, and you were terminated without one, and last week you filed a complaint of discrimination, or last week, you just returned from your maternity leave, or something like that, then no, you cannot be terminated without a written warning.

So it does depend on your employer to of course could do whatever they want. They can fire people however they want to. But if they’re targeting you for a specific reason in retaliation for having reported an illegal act, or taking disability leave, or something like that, or being in a protected class, no, they cannot terminate you without a written warning.

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Transcript

If you think you’ve been wrongfully terminated in California, the first thing is don’t sign anything. Just take whatever documents you’ve been given from your employer. Take them home and say, “I need to take this under submission,” and take a look at them.

As you gather evidence, and as you calm down emotionally, and think about what happened, you may realize, “Hey, that was retaliation for my complaint way back when. And really, that wasn’t right.”

And you can go to the Department of Fair Employment and Housing or you can contact an attorney. There’s a lot of recourse that can be had.

The post What To Do If You Been Wrongfully Terminated From Your Job appeared first on Law Office of Lauren Abrams.

Governor Gavin Newsom signed a slate of pro-employee legislation into law in the past month, including critical freelancer/independent contractor and family leave laws. In addition, businesses with more than 100 employees are now required to report data on salary by gender and race to the California Department of Fair Employment and Housing, providing more transparency into the wage gap.

In this post, we will review three of these new laws and preview what it all means to California workers going forward. The new employment laws are:

• B. 1383, California’s new family-leave law guaranteeing most workers 12 weeks of sick leave to care for a new baby, a sick relative or themselves
• B. 2257, making it easier for businesses to classify gig workers as independent contractors
• B. 973, requiring businesses with more than 100 employees to submit employee wages by race and gender to the California DFEH

S.B. 1383 Strengthens California Family Medical Leave Act

This law seeks to address loopholes in the state and local patchwork of medical leave statutes that have proliferated over the past decade by guaranteeing workers up to 12 weeks off for maternity or paternity leave, convalescent leave or to care for an ailing family member.

Perhaps the largest impact will be felt in the expanded definitions of “family member.” Previously, only a spouse, child, or parent with a serious health condition qualified. Under the new law, domestic partners, children of domestic partners, grandparents, grandchildren, siblings, or parents-in-law all qualify.

A.B. 2257 An Aftershock In The Seismic Shift Brought About By A.B. 5

It’s hard to believe that A.B. 5, the landmark law that codified the “ABC” test, came into effect just ten months ago. The “ABC” test, first established in the California Supreme Court’s ruling in Dynamex Operations West, Inc. v. Superior Court, requires companies to prove that a contractor is:

1. Free from control and direction by the hiring entity both under the contract and in the performance of the work;
2. The work being performed is outside of the usual course of the hiring entity’s business; and
3. The person is customarily engaged in performing work of the same nature as an independently established trade, occupation or business.

While the aim of A.B. 2257 is to smooth the rough edges of A.B. 5, it is a tall task for many attorneys, let alone employers and employees, to make sense of the law. What is clear is that it is now easier for some 40 different classes of workers to classify as independent contractors versus full time employees. That is because the law will apply a more relaxed test when determining contractor status, at least to most artistic professions.

S.B. 973 Shines A Light Into The Wage Gap

California businesses with 100 or more employees must now provide the California Department of Fair Employment and Housing with reporting on employee wages by race and gender. The required “pay data report” is a replacement for a rescinded federal reporting requirement and will hopefully provide transparency into wage structures at medium to large businesses here in California.

Questions About California’s New Employment Laws?

The complexity of today’s employment laws cannot be overstated. If you are a worker with questions about how these new laws will impact your workplace in 2020 and beyond, contact us online to discuss your issue.

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The post California Employment Law Update Fall 2020 appeared first on Law Office of Lauren Abrams.

According to federal data, workplace retaliation is alarmingly common in California and across the United States. For instance, the Equal Employment Opportunity Commission reported that it received 39,469 charges of retaliation in 2018, which accounted for over 50% of all complaints filed that year.

Workplace retaliation occurs when employers take adverse action against employees who report discrimination, harassment, or safety violations. Some examples of adverse action include wrongful termination, demotion, denying a promotion, verbal harassment or threats, and reducing pay or benefits. While these actions are prohibited under federal and California law, some employers still try to get away with it.

According to experts, employees who believe they are being subjected to retaliation can do several things to protect themselves. First, a victim should try to proactively communicate with the person who is retaliating in an attempt to clarify any misunderstandings. Second, the employee should utilize internal procedures to report the incident or incidents to human resources. Of course, the employee also has the right to do nothing and remain silent about retaliation incidents in an effort to save his or her job. However, experts point out that this may only further embolden the perpetrator and escalate the problem.

Another option for employees subjected to workplace retaliation is to contact an employment attorney for legal assistance. An attorney could carefully review the details of the case, outline all possible legal remedies and advise how to properly document incidents of retaliation. If necessary, this documentation could be used to file a complaint with the EEOC or state agencies, which could result in a settlement for damages.

You might also like…

• Was Your Termination Legally Justifiable?
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The post What To Do When Confronted With Workplace Retaliation appeared first on Law Office of Lauren Abrams.

There is a point at which relationships might break down between you and your employer. It is a simple fact of doing business: People sometimes lose their jobs. However, if you have a feeling that something was not quite right about your termination, you may find an ally in the California court system.

There are some situations in which termination could be a violation of your rights. When things become personal and a very specific way, your former employer could be liable in an unlawful termination suit. Here are some of the examples of situations that could mean you have a case.

Retaliation

One of the most unfair reasons for termination is for simply demanding a safer workplace. You may also find your employment terminated after reporting to the government about unlawful activity. Even wanting to receive a fair wage may incense some bosses.

You should also know that termination is not the only way that employers retaliate for these types of justified exercises of your rights. You could have a case on this basis even if you were still working at the offending company.

Discrimination

Discrimination based on a protected class is another possible basis for an unlawful termination suit. For example, if you were a woman of color who had seniority, a better work record and a more advanced educational background than one of your male peers in the same position, you would expect the company to let your peer go before you during downsizing. If your employer fired you first, that could be an indication that one or more of your protected classes were a factor in the staffing decision.

The California State Senate website has a full list of protected classes online. If your employer discriminated against you based on one of these, or if you had another type of unlawful termination, then seeking compensation via the courts may be a viable option.

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The post Was Your Termination Legally Justifiable? appeared first on Law Office of Lauren Abrams.

According to the complaint, the man and another individual sold their capital stock in Central Cal Transportation to Roadrunner when Roadrunner acquired the other company. In exchange, Roadrunner paid the man a little more than $110,000 and promised to pay an earn-out amount if the company earned profits of at least $1.4 million in the subsequent fiscal years. The man was also hired on to Central Cal Transportation as its vice president at a salary of $200,000.

The man noticed that there were financial issues after he had been hired and reported the fraud to Roadrunner. In 2015, Roadrunner refused to pay the earn-out amount even though the company had been profitable. It subsequently fired the man without cause. His last paycheck was for a smaller amount than what he was owed. When he went to work for T.G.S. Transportation, Roadrunner then filed a lawsuit against that company. The man has filed claims for wrongful termination, retaliation, failure to pay wages, slander and libel and for whistleblower protection.

Retaliation by employers against employees for engaging in protected activities such as reporting financial irregularities or fraud is illegal. When companies do so, the workers may have the basis to file actions for retaliation in addition to any other claims that they might have. People who report their companies for fraud have protections available to them under state and federal whistleblower laws. Workers might benefit by seeking the advice of experienced employment lawyers about their rights in their particular cases.

Source: Northern California Record, “Madera man amends whistle-blower case against Roadrunner Intermodal Services”, Karen Kidd, March 24, 2018

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• Were You Terminated Because of Your Political Affiliation?

The post California Man Adds Whistleblower Protection Claim appeared first on Law Office of Lauren Abrams.

In California, you cannot be terminated for exercising your legal and constitutional rights, such as engaging in free speech, joining a political group or association or reporting what you believe to be a violation of the law.

Protecting your rights

In many areas of the country, if you are working for a private company in a facility that is on private property belonging to your employer, your First Amendment rights are not protected; that is, your right to free speech is not absolute. However, there are four states – South Carolina, Louisiana, Connecticut and California – in which there are statutes that protect your right to express whatever political views you may hold. Your political outlook may be different than that of your employer and even most of your coworkers, but California law says you cannot be fired over it.

Sorting it out

Professionals who study employee rights say that even in large companies with efficient HR departments, many managers are not current on issues associated with the First Amendment. Therefore, if you express your political views, the manager may feel justified in terminating you, relying on the fact that California is an “at will” state. As a result, the company may find itself in legal hot water.

Seeking help

If you believe you were the victim of unlawful termination due to your political views, reach out to an attorney experienced with California employment law. You may be entitled to significant financial compensation as well as damages for emotional distress. Remember, you have rights, and your attorney will see that they are protected.

The post Were You Terminated Because of Your Political Affiliation? appeared first on Law Office of Lauren Abrams.