I take a two step approach to Employment Law when I am consulted early enough. Before termination I discover from you teh client what your goal is, retaining employment or getting compensation. I take a two step approach to Employment Law when I am consulted early enough. Before termination I discover from you the client what your goal is, retaining employment or getting compensation. From there I begin the appropriate notifications and after termination I immediately begin to fight.
It is amazing the number of employers who do not provide employees with fifteen minute breaks, lunch hours or overtime wages.
Despite the social advancements we have made as a culture, there are times when people are treated differently for their sexuality or worse yet forced into misconduct with their supervisors.
I assisted in a case where an organization kept in their employ senior management who made blatantly racist remarks and had disciplined lower ranking supervisors for not making false progress reports about minority employees. That case settled for a large amount of money.
Most people are employees provided with a wage for the hours that they work. Their employer provides them the tools and directs their actions.
Other people, usually those with special skills are paid as salary or as independent contractors. These persons generally provide their own tools and control their own employment.
Some employers make mistakes and do not characterize an employee properly causing a loss of benefits and/or inability to obtain unemployment insurance upon termination.
Sometimes people are terminated for something they have not done. This includes determining that a termination is for cause, when it is not. For example I had one client who was terminated for expressing anger at a supervisor. The employee's job was to drive mothers and small children to the hospital so she needed child seats to perform her job. The supervisor used the work vehicle which had the proper child seats. The employee vented in an area which was supposedly safe for an employee to do so. This employee was successful in her efforts to be treated fairly after her termination. Another client was a whistleblower who was threatened with termination, but was not terminated due to my efforts, allowing her to find a better job.
The Employment Development Department (EDD) allows for unemployment insurance for standard employees. Where one is not terminated for cause they may obtain this insurance. I have made sure that clients are properly compensated if available for this insurance by attending a hearing with the EDD.
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