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California Employment Law Blog

Sexual harassment and professional networking

LinkedIn is supposed to be a professional networking platform -- not a social or dating platform.

It would probably be wise for company managers and executives to remember that before they start trying to make dating overtures to other professionals they find attractive. Otherwise, they might end up involving their entire company in a sexual harassment lawsuit.

Help! My employer terminated me while I was on family leave

Workers who are taking a leave under the Family and Medical Leave Act (FMLA) expect that they will have their job waiting for them when they return to work. This isn't always the way that it happens. Some employers will terminate a worker who is on this type of leave. If you are terminated while on FMLA leave, you should find out if you can file a claim against the employer.

While it is not illegal to fire a worker who is on FMLA leave, it is important that employer ensure that they are firing the worker for a reason that isn't related to the leave. Employers can't fire workers because they take FMLA leave.

Wrongful termination cases can involve complex concepts

Losing a job is something that can have negative impacts on the person who is terminated. When the termination is a wrongful termination, the person might opt to pursue legal action against the employer. This is something that can be difficult to prove; however, we know that it isn't impossible when the case involves a termination that falls under the legal umbrella of wrongful termination.

One case recently that made the news recently shows how complex wrongful termination cases can be. This case involves the Electric Utilities Department in Roseville. A former employee alleges discrimination, harassment and wrongful termination and has filed a lawsuit regarding her claims. In this case, the woman alleges that the actions by the employer were due to a spinal tumor that she developed while she worked for the department. The city says that the termination was lawful because the woman was still in her probationary period and could be let go without any reason for the action.

What does on-the-job sexual harassment usually look like?

The simplest answer to this question is that on-the-job sexual harassment looks ugly, it looks rude, and it looks unlawful. In fact, it is all three of these things. If you feel that a co-worker is sexually harassing you, even in the most mild and subtle ways, you are encouraged to report the behavior to your human resources department immediately.

If you're still having trouble identifying on-the-job sexual harassment, keep reading. This article will explain the problem in sufficient detail for you to recognize this vile behavior wherever it occurs.

When should employees get final pay in California?

One of the primary concerns of an employee who is terminated or who quits is when they are going to get their final pay. This is something that has a lot of misinformation out there; however, California laws are pretty specific on when employees who are terminated or quit must be paid.

Not only does California law cover the when, it also covers the where and how. These specific laws are important to workers who need to get their final pay.

Age discrimination in the tech industry: 5 FAQs

The age vibe in tech has always tilted young.

It probably goes back, at least in part, to the mythic days of Jobs and Wozniak, who started Apple at ages 21 and 26, respectively. And it's continued right on up to today.

What happens, however, when the workforce in the tech industry ages?

In this post, we will consider several key FAQs about age discrimination in the industry.

Unpaid leave is possible for childbirth and other incidents

Employees aren't robots, so employers shouldn't expect them to be able to work every shift without having any issues. Things like illnesses, pregnancies, adoptions and sick children come up. This is where the Family and Medical Leave Act comes into the picture.

Workers who are covered under the FMLA can take unpaid time off of work. There are certain qualifications that employees must meet to take the time off and there are limits to this leave. You can take the leave all at once, you can use it intermittently or you can use it to cover a reduced work schedule. Additional restrictions apply for these cases.

Summary judgment reversed in wrongful termination case

A woman who was employed as the manager at Barnes & Noble located on the campus of the West Valley-Mission Community College in Saratoga from 2002 to 2010, has was determined to have been wrongfully terminated. She worked before that for the company for another 15 years in various jobs.

She was given a copy of the code of conduct and ethics for the company that listed her employment as "at-will." She acknowledged receipt of the code of conduct in 1999 and she had signed off on it. She was never promised an employee contract or tenure.

Minimum wage and overtime laws in California

California has progressive minimum wage and overtime laws that ensure workers receive a fair wage, and bonus compensation when they work beyond the usual hours of a workday. Here's what the law says you're required to receive -- at a minimum -- as an hourly wage earner in California:

-- The minimum wage is 10.50 an hour if the business employs 26 or more workers. If the business is less than 26 employees, you're required to receive $10.00 an hour at a minimum. There are a few special categories of employees who could receive less.

A few things to consider when negotiating your severance package

Being let go from your job is never easy, and if you're a high level executive in Sacramento, you'll be letting go of a lot of human relationships, income and other perks of being in your position. Just because it can be an emotional experience, however, don't forget to keep your wits about you when you're negotiating your severance package. Here are few things you might want to keep in mind:

-- Look at all the finances: Don't just look at the number of months of pay you're going to receive. Remember that you may also have unused vacation and sick days, and upcoming holidays that have value. Also, check your expenses that you may need to submit because this may be your last chance to do so. You may also want to consider the advantage of taking your severance as a lump sum payout versus taking it in monthly allotments.

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