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LOST YOUR JOB BECAUSE OF CORONAVIRUS?
The COVID-19 Coronavirus pandemic has substantially affected American livelihoods because of mandatory stay-at-home orders. Unless your job was considered essential, you probably were unable to go to work.
IF YOU GOT FIRED LIKE THESE PEOPLE, WHAT WOULD YOU DO?
Most California employees either wait too long to contact an attorney or, they never contact one at all. The consequences of inaction can be expensive. Check out these three recent examples. If you were fired like these people, what would you do?
HOW MUCH DOES MY BOSS OWE ME IF I AM DISCRIMINATED AGAINST?
That is the million-dollar question. In fact, if you get fired for any reason—or quit for any reason—you may be owed money. How much? It depends on a number of factors and can be best determined by understanding your workplace rights.
GIG WORKERS RECEIVE SOME SERIOUS LOVE
California Supreme Court Restricts Use of Independent Contractors
In a landmark decision, the California Supreme Court redefined the test for determining whether workers should be classified as independent contractors or employees. The Court adopted a new standard of presuming that all workers are employees rather than contractors and positioned the burden of proof on the organization classifying the individual as an independent contractor. The Court adopted what is called the “ABC Test.” Here are those parameters:
GETTING FIRED FOR USING LEGAL MARIJUANA MAY BE ILLEGAL
It goes by a lot of names: Trees, Weed, Wisdom Weed, Whacky Tabacky, Pot, Grass, Reefer, Ganja, Herb, Chronic, and more. But “cannabis” is the legal term for recreational marijuana in California, where its been legalized for both adult-use and medical use. In fact, California laws are some of the most relaxed laws in the nation with regard to cannabis use.
A LOOK BACK AT 2018
A Great Year for Workers' Rights
When it comes to workers' rights, California has played a historic role. In 1916, it was California that pioneered laws requiring that workers take uninterrupted meal and rest breaks. Other states and federal courts still look to California when defining workers' rights and setting the rules that employers must follow.
“MISCLASSIFIED” EMPLOYEES IN CALIFORNIA
The Lies Employers Tell Employees
If you work in California, then you know that some employers (not all) will do just about anything to save themselves money and not pay employees what they're owed
CAN YOU RECEIVE UNEMPLOYMENT IN CALIFORNIA IF YOU QUIT?
The short answer is yes. You can potentially receive unemployment in California if you've quit your job. However, the Employment Development Department (EDD) criteria set out some conditions that must be met to obtain these benefits.
CAN YOU BE FIRED FOR BEING SICK?
While California is an “at-will” state (employers are free to terminate employees at any time), the issue of being fired while sick isn't always cut and dry. If your employer has a sick leave policy and you're fired for using your sick leave, you should consult with an attorney immediately to establish if your termination violated California law.
CAN FAST FOOD WORKERS SUE THE GIANT FRANCHISES THEY WORK FOR?
If you work for a restaurant—whether it's a McDonald's or the fanciest bistro in town—you have employment rights. As an employee, if your rights have been violated while working for a restaurant, then legally protecting those rights can be an intimidating proposition. In fact, most employees have no idea that their rights have been violated—and even if they do—pursuing legal remedies may seem daunting. Over the years, most restaurant workers whose rights have been violated have not pursued their legal options, usually because they believe they will not be able to prove the violations.
CALIFORNIA WAGE THEFT
What Workers Need to Know
Most California workers have no idea that they may be victims of wage theft.
COVID-19 PANDEMIC HAS ACCENTUATED WORKPLACE DISCRIMINATION FOR WOMEN
In February of 2020, shortly before the COVID-19 virus spread rapidly across America, women reached a significant and historic landmark: they accounted for more than half of the U.S. (non-farm) workforce. In fact, 2020 was the 100-year anniversary of the ratification of the 19th Amendment to the U.S. Constitution, which prohibited states and the federal government from denying citizens the right to vote on the basis of sex. Since 1920, women in the workforce have nearly tripled, greatly bolstering household incomes and expanding the American middle class. However, this significant progress saw a dramatic downturn coinciding with the pandemic.
WHAT CONSTITUTES WRONGFUL TERMINATION?
Wrongful termination can narrowly be defined as the action of an employer who terminates an employee in violation of federal, state, or local laws—or in breach of an agreement or contract with the employee. Yet the interpretation of specific situations can be much broader, far-reaching, and oftentimes complicated, leaving many employees to wonder: Do I have grounds to challenge my termination? There are a wide range of laws under which workers are afforded protection from wrongful termination. Reasons for termination that are considered unlawful include but are not limited to: discrimination, retaliation, medical history, organizing, whistle blowing, criminal violations, citizenship, refusal to take a lie detector test, family and medical leave, harassment, breach of contract, and jury duty.
“ON-CALL” SCHEDULING IS “UNFAIR” SCHEDULING
Whether it's called standby, on-call, surprise, or predictive scheduling, there's one thing for certain: it doesn't matter what it's called—it's an unfair employment practice for hourly workers and one that courts across the country have found problematic if not illegal. Let's be clear: this overbearing practice negatively affects hourly employees in the retail and food service industries. In other professions (including doctors, nurses, firefighters, etc.) it's a perfectly acceptable employment practice — and in many cases a necessary public service. But outside of these examples, on-call scheduling is overly restrictive and demonstrably unnecessary. A surgeon or IT specialist on call? Of course—but there is nothing inherent in an industry that would require a cashier or fry cook to be “on call.” This one-sided practice also limits the worker from securing other valuable employment opportunities — especially in a California where the cost of living is very high. In fact, employers who engage in these practices can face severe penalties and expose themselves to lawsuits.