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!
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…
Can you answer yes to any of these questions:
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!
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.
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?
MOST California employees either wait too long to contact an attorney. Or, they never do at all. The consequences can be expensive.
OVERWORKED WAREHOUSE WORKER – A 35-year old warehouse worker in central California works so much that he us unable to take his regular scheduled breaks. He has missed work breaks for years. One day, he complains to his boss. The next day he is fired.
PREGNANT SECRETARY – A 30-year old secretary in Southern California is excited about being 3-months pregnant. One day, she comes into work, sits her boss down, and tell him that she is pregnant. The next day she is fired.
UNDERPAID RESTAURANT DISHWASHER – A 40-year old dishwasher at an upscale restaurant in San Fransisco is constantly working overtime. Some weeks he will work as many as 20 hours of overtime…20! He’s a great employee, and his bosses love him, but they never pay him overtime. One day, just like the Warehouse Worker, he complains about this…The next day he is fired.
While none of these three people know each other, they may all share one thing in common.
They may have been all fired unfairly.
And… they my be owed money.
In the case of the Warehouse Worker, it’s very likely his employer engaged in what’s called a Wage and Hour Violation by not allowing him to take breaks. With the Pregnant Secretary, she may be owed money because she was fired due to her pregnancy. With our Dishwasher, he may be owed all of that overtime money the restaurant did not pay him.
WERE YOU RECENTLY FIRED? Do you know your employee rights? You’re not alone. Most Californians employees do not know that wrongfully terminated employees may be owed money.
WHAT’S THE GOOD NEWS? The good news is that there is an easy way for Warehouse Workers, Secretaries, Dishwashers, and most every California employee to learn their rights. If you have been wrongfully terminated, fired, or quit, and think you may have a case, feel free to call 888-739-3092 for a FREE CONSULT!
A case came before the California Supreme Court. It centered on the drivers for a California-based delivery company. Some of their job requirements involved wearing corporate uniforms, putting corporate logos on their vehicles, paying for vehicle maintenance, gas, and other job-related expenses out of their own pockets. They were, per their employer, “contract” or “gig” workers. Not employees.
The drivers contended that their work fell under full-time employee classification, and should not fall under independent contractor classification.
The case moved through the courts, and ultimately wound up in San Francisco, at the California Supreme Court.
Ultimately, in an 85-page ruling, the seven justices decided that California workers can only be classified as independent contractors by a company if they can show that the worker controls their own work, that their duties go beyond what the business normally engages in, and when the same worker “is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.”
WHO MIGHT THIS AFFECT?
Well, first, it could greatly impact any California employer that has used, “we’re unique, and the normal rules don’t apply to us” as an excuse. That may not be a viable rationale anymore. What’s yet to be seen, and could be a real threat to an entire investment model, is how this may affect entire Gig Economy business models.
More importantly, it could greatly affect California employee rights and have a wide-ranging impact on all contract employees in California. Why? Because it may require employers to provide benefit and a minimum wage for gig workers
Our employee advocates certainly will.