Perkins & Associates A Professional Law Corporation
Protect Your Rights, Call Today
916-520-1417
Practice Areas

California Employment Law Blog

Know your rights for mandated leave laws

In a recent blog post, we discussed some of the ways that the Family and Medical Leave Act (FMLA) applies in specific circumstances. All employees should make sure that they understand how this law might impact their right to leave when they are impacted by a medical crisis or a family situation that falls under the umbrella of the act.

Some employers might not know exactly how these laws apply to their employees. This can make it difficult for the employees to get the leave they need. They might find that they need to take action to get that leave.

Does your employer make you work off the clock?

You may be one of those fortunate people in California who has found a job that is fulfilling and enjoyable. Perhaps you work with a group of people who are fun and uplifting. You consider your co-workers your friends, and you even spend time with them after work and on weekends.

No matter how much you love your job or your co-workers, the main purpose of work is to earn money. If you spend time off the clock doing tasks exclusive to your employment, your employer is likely breaking the laws governed by the Fair Labor Standards Act, and you have the right to demand fair compensation for your time.

How does family and medical leave apply to special groups?

The Family and Medical Leave Act (FMLA) provides much needed time off without having to worry about losing your job if you have medical needs to tend to or if you have to care for someone who has a medical issue.

While many people are familiar with the basics of this act, there are some special situations that they might be worried about.

Some termination reasons might be against the law

While employers have a right to end your employment without having to give you a reason, there are some reasons why they can't let you go. These are reasons that are forbidden by law. You can choose to take legal action if you are terminated for one of these reasons.

You can't be fired for any form of discrimination. This means due to your gender, sexual preference, age, disability status, marital status, race or religion. All of these are protected statuses, which means that employers can't consider these for any type of job-related actions, including promotions and demotions.

Filing a complaint about sexual harassment might be difficult

Filing a complaint regarding sexual harassment can be difficult for a victim. People who haven't ever been through this type of situation might not realize the emotional toll that it takes on the victim. This is one of the reasons why some victims of sexual harassment might not make complaints right away.

We understand that you might be traumatized by what happened. In fact, you might need to seek out medical and mental health care so that you can start to heal from the incident. We are here to lend an open ear when you can discuss what happened. Once we have that information, we can let you know what options you have to proceed with your case.

Protocol for handling sexual harassment must be established

All employers should have established protocol for reports regarding harassment or discrimination. While many of these cases can simply be reported to a designated person, this isn't the case for sexual harassment.

A worker who is sexually harassed should be able to go to whichever supervisor or administrator he or she feels comfortable talking to. Some sexual harassment situations are intimate and the worker might not feel comfortable speaking to just anyone. It is a good idea to have men and women who can take these complaints.

You shouldn't face discrimination because of your disability

Living with a disability can be challenging enough without other people judging you for it. For this reason, the state of California enacted several laws that provide you with the protections you need in order to live your life free from the preconceived notions and discrimination of some employers.

Just because you live with a disability doesn't mean that you aren't qualified for a position or that you can't perform the duties of a job. As long as any reasonable accommodations you need don't present an undue hardship on an employer, you deserve to be treated like anyone else. Sadly, not all employers feel this way and violate the laws meant to protect you.

Restaurants and wage violations

Wage disputes seem to be a common problem for restaurant employees -- whether they're working at a burger joint or waiting tables at a four-star establishment. Lawsuits over wages have doubled in the last decade, leaving employers and employees equally disgruntled.

How do wage violations happen in restaurants? There are several common issues:

Terms of a severance agreement might be up for negotiation

Some employers announce that job positions are going to be phased out before the people holding those jobs are actually let go from them. When this happens, there is a chance that the person who is being terminated will be able to work out a severance agreement. These agreements are important for the employees because they can provide some measure of financial stability until they are able to find a new job.

If you are being terminated and are being offered a severance package, you need to think about the terms of the package carefully. In many cases, there is room for some negotiation about the points in the agreement. You have to decide what is important to you so that you can work toward terms that help you accomplish your goals.

Find out what might be in a severance package

The news of companies filing for bankruptcy or simply closing their doors brings up the question about what is going to happen to the employees who are losing their job. For some of these employees, there might be a severance package waiting for them. This can also happen even if the business isn't closing but an employee's position is being terminated.

A severance package is meant to ease the person into unemployment and help him or her to survive until able to find a new job. In many cases, the actual compensation received depends on the length of the person's employment with the company. The longer a person has been with a company, the better the benefits in the package.

Our Office Location

San Jose

Sacramento Office
300 Capitol Mall
Suite 1800
Sacramento, CA 95814

Phone: 916-520-1417
Map & Directions

San Jose Office
San Jose Executive Center
95 S. Market St.
3rd Floor
San Jose, CA 95113

Map & Directions