2018 CALIFORNIA EMPLOYEE RIGHTS WORKSHEET

 

 

 

 

 

 

 

HAVE YOU BEEN FIRED? HAVE YOU QUIT? ARE YOU OWED MONEY?Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits! Call 888-625-0959. IM our Facebook page. Follow us on Twitter, Instagram, Medium, LinkedIn, our blog and check out our YouTube videos! Have a great day!

SIGNS YOU MAY HAVE BEEN FIRED ILLEGALLY IN CALIFORNIA

There are many, many things that California employers can do to intentionally or unintentionally illegally fire employees. In doing so, they not only treat employees unfairly, they also may expose themselves to a wrongful termination lawsuit.

MOST CALIFORNIA EMPLOYEES HAVE NO IDEA THEY WERE WRONGFULLY TERMINATED…UNTIL IT’S TOO LATE

– When a California fast-food worker gets fired for complaining about being forced to work through meal and rest breaks, he may have been wrongful terminated.

– When a California administrative assistant gets fired for being four months pregnant, she may have been wrongful terminated.

– When a California truck driver gets fired for having a legal medical marijuana prescription, he may have been wrongful terminated.

– When a California warehouse worker quits after being harassed and demeaned by a boss, she may have been wrongful terminated.

Do you know what it’s like to be “wrongfully terminated”…?

If you do, you are way ahead of other California employees.

Most people who do get fired or quit have no idea that they have rights. And, that their termination from that employer may have been wrongful or illegal.

SOME SIGNS THAT YOU MAY HAVE BEEN FIRED ILLEGALLY…

Did your employer/workplace violate the law? If your employer violated any applicable California state employment law, federal labor laws, or even local/municipal laws, then you may be owed money.

Can you answer yes to any of these questions:

  • Were you fired because of the color of your skin?
  • Were you fired because of your age?
  • Were you fired because of your sex?
  • Were you fired because of your national origin
  • Were you fired because of your ethnic group?
  • Were you fired because of your religious affiliation?
  • Were you fired because of your sexual preference?
  • Were you fired because your employer violated public policy?
  • Were you fired because your employer retaliated against you?
  • Were you fired because your employer committed fraud?
  • Were you fired because of your gender identity or expression of gender identity (whether real or perceived?
  • Were you fired because of your military or former military status?
  • Were you fired because of your marital status (whether real or perceived)?
  • Were you fired because you requested past payroll records for review and analysis?
  • Were you fired because of your off-duty political activity?
  • Were you fired and your employer is withholding of payment, bonuses, or commissions?
  • Were you fired because you complained about wrongful treatment?
  • Were you fired due to retaliation for failing to perform illegal acts?
  • Were you fired because your pregnant?
  • Were you fired because you are taking (or you took) leave under the Family Medical Leave Act?
  • Were you fired because you asked for an accommodation for a medical condition or disability?
  • Were you fired because you were on jury duty?
  • Were you fired because you made a claim for Worker’s Compensation benefits?
  • Were you fired and owed money you have actually earned?

DID YOU ANSWER YES TO ANY OF THOSE QUESTIONS?

Learn more about your employee rights. Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits! Call 888-625-0959. IM our Facebook page. Follow us on Twitter, Instagram, Medium, or LinkedIn, or our blog.

Have a great day!

CAN FAST FOOD WORKERS SUE THE GIANT FRANCHISES THEY WORK FOR?

If you work for a restaurant – whether it a McDonald’s or the nicest steak house in town – then you have rights. If your employee rights have been violated while working for a restaurant, then legally protecting those rights can be a scary proposition. Most employees have no idea that their rights have been violated, and even if they do they can be too afraid to pursue legal options. Over the years in fact, most fast food chain and/or restaurant franchisee workers whose rights have been violated have not pursued their legal options. Why? Because they think they will not be able to prove the violations.

LET’S HAVE A LOOK AT SOME OF THE MANY TIMES WORKERS HAVE WON SETTLEMENTS AGAINST LARGE RESTAURANT COMPANIES

Here is a small sample of multi-million dollar lawsuits and settlements that large restaurant corporations have paid out to unfairly treated employees:

—- In 2015, a class action lawsuit was filed on behalf of every single server and bartender who worked at restaurant chain Ruby Tuesday.The lawsuit alleged that Ruby Tuesday violated labor law by paying servers and bartenders and other restaurant staff below minimum wage.

—- In 2014, Outback Steakhouse’s parent company was sued in a wage and hour lawsuit. The legal action alleged that employees were asked to donate (as in work for free!) hours to the company. Eventually, Outback Steakhouse agreed to settle for $3 million.

—- In an earlier 2009 lawsuit, Outback Steakhouse agreed to pay more than $19 million in a sex discrimination lawsuit.

—- In 2016, McDonald’s settled a $3.75 million lawsuit claiming it had violated the rights of about 800 California restaurant workers.

—- Just last year, in 2017, the massive Mexican food restaurant Chipotle – with so many California employees – was sued. The lawsuit alleged that Chipolte did not pay overtime.

YES, A SINGLE EMPLOYEE CAN SUE A RESTAURANT

Let’s walk through one example of how you – as a restaurant employee – may be owed money after you have been fired or quit. While there are some exceptions, if you worked more than eight hours a day or more than 40 hours a week, then the restaurant you worked for must pay you an what’s called a “time-and-a-half” overtime rate.

If they did not pay you overtime, then you may be owed money.

In fact, there are many reasons a fired restaurant employee may be owed money.

YES – YOU CAN SUE YOUR EMPLOYER, NO MATTER HOW BIG

If you are a California employee, and your employee rights have been violated, you should not be afraid to contact an employment attorney. It is incredibly easy to contact a California employee rights lawyer that has experience protecting restaurant workers rights.

MOST CALIFORNIA EMPLOYEES DO NOT KNOW THEIR RIGHTS!

That’s the unfortunate reality. Most California employees think that just because they work in an “at-will” stare that they have no rights. Nothing could be further from the truth. Learn more about your employee rights. Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits! Call 888-625-0959. IM our Facebook page. Follow us on Twitter, IG, Medium, LinkedIn, or our blog. Have a great day!

 

HOW MUCH DOES MY BOSS OWE ME IF I AM DISCRIMINATED AGAINST?

That is the million dollar question.

If you get fired for any reason, or quite for any reason, you may be owed money!

Fired For Any Reason?

 

HOW MUCH?

That depends on a number of factors and can be best determined by understanding your workplace rights.

FIRST THINGS FIRST…

One of the lest enviable positions an employee can find themselves in is needing the job AND being harassed or discriminated against at work. What is one supposed to do? You need the job. The money. You need to support your family. BUT…You are being treated unfairly.

FEDERAL LAWS PROTECT YOU, BUT MAYBE NOT AS MUCH AS CALIFORNIA LAW

Federal law does prohibit discrimination by employers; however, California law extends protections to certain groups where federal law may not.

Let’s look at some of the federal laws. The federal laws include but are not limited to:

The Civil Rights Act of 1964 – This monumental and historical development in glass/group employment protection outlaws discrimination based on race, color, religion, sex or national origin

The Americans with Disabilities Act – The ADA is a civil rights law that prohibits discrimination based on disability.

The Equal Pay Act of 1963 – The Equal Pay Act prohibits discrimination based on sex.

The Age Discrimination in Employment Act of 1967 – You guessed it. The Age Discrimination Act protects against age-related discrimination.

The Genetic Information Nondiscrimination Act of 2008 – This act “The act bars the use of genetic information in health insurance and employment: it prohibits group health plans and health insurers from denying coverage to a healthy individual or charging that person higher premiums based solely on a genetic predisposition to developing a disease in the future, and it bars employers from using individuals’ genetic information when making hiring, firing, job placement, or promotion decisions”.

CALIFORNIA LAW GOES EVEN FURTHER TO PROTECT YOU…

Thankfully, California gets even more specific in it’s protection of employees against workplace discrimination:

California’s California Fair Employment and Housing Act of 1959 (FEHA) – This act is a is a powerful California statute used to fight sexual harassment and other forms of unlawful discrimination in employment and housing,

– The California Family Rights Act (CFRA) – Also known as the also known as the Family Temporary Disability Insurance (FTDI) program, is a law enacted in 2002 that extends unemployment disability compensation to cover individuals who take time off work to care for a seriously ill family member or bond with a new minor child.

While California’s Department of Fair Employment and Housing (DFEH) protects the people of California from unlawful discrimination in employment, that does not mean that there is no workplace discrimination.

There is workplace discrimination. It happens each and every day.

And you should know your rights.

If you get fired for any reason, or quit for any reason, you may be owed money!

FIRED FOR ANY REASON? CALL 888-625-0959 FOR A FREE CONSULT!

If you have questions right now, Instant Message your question at the LFECR Facebook page. Call Lawyers for Employee and Consumer Rights today…You may be owed money!

“STONED AT WORK” – A HOT WORKPLACE DISCRIMINATION DEBATE

In 2014, a Drug and Alcohol Review survey found that 5% of California adults over the age of 21 had used medical cannabis at least once for a “severe” condition.

5% of California employees – roughly a million people.

Now, what happens when these legal medical cannabis users go to work?

According to the same survey, “many employers nonetheless prohibit workers from using medical cannabis but allow them to use other, more dangerous and addictive drugs such as opiates when prescribed by their physicians.”

That needs to be re-stated:

Employers can prohibit workers from using medically prescribed cannabis BUT allow them to use other medically prescribed drugs.

IS EMPLOYER BIAS AGAINST CANNABIS USE WORKPLACE DISCRIMINATION?

All of us know of friends, family members that have been fired unfairly or been discriminated against at work. It seems like employers – even in an at-will state like California – can always try to find creative reasons to fire someone, regardless of whether it’s legal or not.

Now, there is a whole new area of employment law that’s being debated in California:

As the marijuana laws here in California continue to change, what will become of workplace discrimination against medical marijuana patients?

Right now, today, while marijuana may be legal for adults 21 and over, you can still lose your job for marijuana use while you are not at work —– regardless of whether it was medically prescribed or not.

Legally, California employers are allowed to deny employment opportunities or cease employing someone based on their cannabis use, regardless of whether or not the cannabis was medically prescribed.

WILL A NEW BILL PROTECT LEGAL CANNABIS USE AT WORK?

In February, California Assemblyman Rob Bonta (D-Oakland) AND Assemblyman Bill Quirk (D-Hayward) introduced Assembly Bill 2069 (AB 2069).

An interesting section of AB 2069 states that:

“This bill would prohibit an employer from engaging in employment discrimination against a person on the basis of his or her status as, or positive drug test for cannabis by, provide that, when used to treat a known physical or mental disability or known medical condition, the medical use of cannabis by a qualified patient or person with an identification card. card is subject to reasonable accommodation.”

What AB 2069 attempts to do is amend the existing Fair Employment and Housing Act (“FEHA”). In doing so, AB 2069 would turn the tide and make it unlawful for a California employer to take punitive or disciplinary action against an employment applicant based on the fact that they are a medical cannabis card holder, a current employee based on the fact that they are a medical cannabis card holder, or either of the latter, as long as they are a cannabis card holder, of the latter who test positive drug test for cannabis use.

CALIFORNIA IS NOT ALONE

Arizona, Arkansas, Connecticut, Delaware, Illinois, Maine, Minnesota, Nevada, New York, Pennsylvania, and Rhode Island have already adopted new laws to protect medically prescribed cannabis patients from workplace or employment discrimination.

Earlier this year, Maine went so far as to reportedly prohibit employers from discriminating or discharging employees from off-duty cannabis use.

The times are changing, to be sure.

Our employment attorneys will continue to protect California workers that have been wrongfully terminated.

And, we will monitor this entire debate.

If you get fired for any reason, or quit for any reason, you may be owed money!

FIRED FOR ANY REASON? CALL 888-625-0959 FOR A FREE CONSULT!

If you have questions right now, Instant Message your question at the LFECR Facebook page. Call Lawyers for Employee and Consumer Rights today…You may be owed money!

WHILE MEAL BREAK MEANS MEAL, DOES REST BREAK MEAN REST?

California’s long-time ambiguity surrounding workers rights on meal and rest breaks.

It should be crystal clear…if you are on a meal or rest break, you don’t have to work.

Right?

Well.

It seems that here in California, with so many hard working employees, there is still some ambiguity regarding what an employer can or cannot require an employee to do during meal and rest breaks.

DID A 2014 CA SUPREME COURT DECISION MAKE IT BETTER OR WORSE?

– If you are on a meal break, and your boss needs you, are you obligated to respond?

– Are you obligated to work?

– Can your employer legally pull you off of a required rest break to work?

In 2014, the California Supreme Court decided that “Employers Must Relieve Employees of All Duty During Meal Periods But Need Not Ensure They Perform No Work.” In this decision, the Court noted that California employees must be “relieved of all duties” during their statutorily required 30-minute meal periods.

The specific questions came from a case called Brinker Restaurant Corporation v. Superior Court. The Brinker case was, at the time, one of many employment law based class action lawsuits pending in California. It centered on employees making the claim that the Brinker Restaurant Corporation had failed to provide the number of, and timing of, both meal breaks and rest periods as required by California state law.

HOWEVER, THE QUESTION REMAINED: DOES AN EMPLOYEE HAVE TO BE AVAILABLE TO WORK WHILE THEY ARE ON A BREAK?

In an effort to resolve ambiguity that arose from this case, and multiple others, the California Supreme Court further concluded that while an employer is required to dismiss an employee of all job responsibilities during a meal period (meal break), the employer does not have to guarantee that no work is done.

Thankfully, it seems that a 2016 decision by the same California Supreme Court MAY have clarified the, “Are employees on-call during a rest break” question…

On December 22, 2016, the California Supreme Court handed down an opinion in the Augustus v. ABM Industries case. Their decision, once and for all, answered this question:

“California law requires employers to relieve their employees of all work-related duties and employer control during 10-minute rest periods. The trial court’s summary adjudication and summary judgment orders were premised on this understanding of the law. Rightly so: Wage Order 4, subdivision 12(A) and section 226.7 prohibit on-duty rest periods. What they require instead is that employers relinquish any control over how employees spend their break time, and relieve their employees of all duties –– including the obligation that an employee remain on call. A rest period, in short, must be a period of rest. We accordingly reverse the Court of Appeal’s judgment on this issue.”

WHAT DOES THIS MEAN FOR EMPLOYEES?

It means that all California employees continue to have rights. And most importantly, that all California employees have the right to ask questions about their rights.

QUESTIONS ABOUT YOUR RIGHTS?

Employee advocates are standing by.