Frequently Asked Questions
Contact a Sacramento Employment Law Attorney Today
Do you have a question not answered on our website or do you need assistance
with a dispute with your employer? For an
initial phone conference, call me today at 916-443-3553. If there is enough of a basis to pursue
your case, we will start the in-depth, confidential consultation process.
I haven’t been fired yet, but I think I’m going to be. What
should I do?
First, call my office or fill out the online contact form here. Your initial
telephone conference is free. This is the best time to get legal advice
from an attorney specializing in representing you, the worker! Why? Because
you need to know the laws that protect you and what you can do to protect
yourself while you are still employed. An experienced plaintiff’s
employment lawyer is in a position to help you arm yourself and can advise
you on things you need to do while still employed!
I haven’t been fired yet, but I’m being harassed, discriminated
against, or retaliated against by my employer; what should I do?
First, call my office or fill out the online contact form here. Your initial
telephone conference is free. Again, the best time to get legal advice
is when you are still employed.
I’ve been fired and I think it’s illegal; what should I do?
First, call my office or fill out the online contact form here. Your initial
telephone conference is free. Let me bring my years of experience helping
protect your rights against employers who violate the law.
Second, have you applied for unemployment benefits?
I’m an “at will” employee; does this allow my employer
to wrongfully terminate me?
Heck no. In California, your “at will” status means that your
employer can fire you for no reason, or any reason, but not for an illegal
reason. This means that you cannot be discriminated against or fired (or
have the terms and conditions of your work disparately impacted) for a
reason that violates public policy.
This means that in California, your boss cannot fire you (or do anything
else negative against you) because of any of the following:
- Gender
- Pregnancy
- Marital status
- National origin
- Race
- Religion
- Disability – mental or physical
- Medical Condition
- Age (if you’re over 40 years old)
- Sexual orientation
- Genetic information about you
- Denial of family and medical care leave (FMLA or CFRA)
- Military affiliation or service
- Anticipated deployment with the National Guard
- Citizenship status
- Bankruptcy
I’ve been fired, what should I do?
First, call my office or fill out the online contact form here. Your initial
telephone conference is free. If we determine there is a need for an in-depth
consultation, my office will send you a confidential client questionnaire
and ask you for lots of information that I will review before meeting
with you for a confidential two-hour face-to-face consultation.
Second, have you applied for unemployment benefits?
I’ve been turned down for unemployment benefits. What can I do about it?
If your employer has challenged your right to receive Unemployment Benefits
from the EDD, and you believe you still deserve those benefits, then you
will need to request a hearing before an Administrative Law Judge employed
by the California Unemployment Insurance Appeals Board (CUIAB). Note that
you have 20 days (including weekends and holidays) from the EDD’s
Notice of Determination to request this hearing.
I have successfully represented many clients before the CUIAB and overturned
the denial of unemployment benefits for my clients.
I’ve been fired, what do I need to prove if I want to sue my employer
for wrongful termination?
You must show that your termination violated a right given to you by statute; or
You must show that your termination was in violation of California’s
Fair Employment and Housing Act (otherwise known as the “FEHA”),
or in violation of federal law’s Title VII (and it needs to fall
under one of the protected categories above); or
That your boss violated fundamental public policy embodied in a statute
or constitutional provision; or
That your employer breached a contract with you, or that your employer
violated an express or implied term of your employment.
This is why it’s best to get the opinion of a qualified plaintiff’s
employment lawyer so that you can be armed in protecting your rights.
What is the difference between an independent contractor and an employee?
An independent contractor is a self-employed individual who is not an employee
of a company. Rather, the company signs a contract with the independent
contractor that describes the terms of the work, a price, a deadline,
and other specifications. When the obligations have been fulfilled, the
relationship is terminated. The company does not directly supervise the
contractor, control his or her performance, or direct how things are to
be done during the course of the contract.
Individuals are often misclassified as independent contractors so that
the company can avoid paying taxes, providing health insurance, and offering
benefits and leave. Does your employer tell you when to come or go? Do
you work solely for your employer? Do you have annual performance reviews
and report directly to your boss? If so, you may actually be an employee.
Does California have special rules regarding pay, benefits, or leave?
California requires overtime pay of 1.5 times the normal rate for employees
working more than eight hours per day or 40 hours per week. California
also mandates that employees accrue at least one hour of sick time per
30 hours worked or be given at least three sick days up front per year.
In addition, employers with 5+ employees must provide at least four months
of pregnancy leave.
California has enacted new laws governing sick pay of employees—and
you will want to ensure that your employer is following these new laws.
Is my employer required to accommodate me because of my disability and
if so, how?
Employers are required to accommodate employees with known disabilities
if the accommodation does not cause an undue hardship to the company.
Put in layman’s terms, if you have disabilities recognized by the
FEHA (California state law) or the ADA (federal law) and you report the
disability to your employer, your employer must strive to accommodate
you or work with you to find a solution. The type of accommodation you
need will vary based on your disability. An “undue hardship”
exists when the accommodation is incredibly difficult or expensive to
implement, but this is a high threshold. If you have requested assistance
from your employer and were refused, I can review your case and explain
your various options.
What qualifies as discrimination or harassment?
Discrimination and harassment create hostile work environments that slow
productivity, instill an environment of stress and fear, and violate constitutional
rights. Employment discrimination generally occurs when an employee is
victimized based on an immutable characteristic. An immutable characteristic
is something you can’t change about yourself, like your age, gender,
or sexual orientation. The Equal Employment Opportunity Commission handles
complaints against employers regarding discrimination. In addition, you
can sue your employer under federal or state law. Harassment occurs when
someone threatens you or makes you feel uncomfortable, usually in the
form of sexual harassment.
A tiny sample of actions that constitute discrimination and harassment include:
- Dirty jokes, sexual innuendos, and comments about someone’s body
or private life
- Excluding applicants of a certain race from consideration
- Laying off pregnant women
- Refusing to promote females
- Firing an employee during their disability leave or upon their return from
disability leave
- Terminating someone for declining a request for a date
If you were harassed or discriminated against, call my office to see if
we can help you fight your employer and seek justice.