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EMPLOYMENT LAW

Table of Contents

  1. Employment Law (Generally)
  2. Wage and Hour Claims
  3. Overtime Pay
  4. Sexual Harassment
  5. Hostile Work Environment
  6. Discrimination
  7. Retaliation

Employment Law (Generally)

California is an "At Will" State.  What this means is that an employer may hire or fire its employees any time they choose, unless there is a recognized exception under the law.  The commonly recognized exceptions are where an employee is terminated because of their race, gender, disability or sexual orientation.  Both state and federal law protect employees from discrimination on these grounds.

Employers are also required to pay their employees at least minimum wage, and wages in accordance with the law.  The type of industry dictates these requirements and when wages have to be paid.  It is important to see an attorney regarding these rights if there is any question about your pay.  Employers must compensate their employees for all time worked, on time, and promptly upon termination of employment.  Our attorneys will file a claim on your behalf with the California Department of Industrial Relations, Division of Labor Standards Enforcement and will enforce your rights during these procedures to ensure that you are fully compensated for your hard-earned work.

Employers are also required to provide a non-hostile work environment for their employees.  This not only means that employees should be free of sexual harassment, but that they should not be retaliated against for whistleblowing activities, such as reporting violations of the law.

If you have an employment claim related to discrimination, unpaid wages, compensation and benefits, or other wrongful termination actions, contact our office immediately to talk to an attorney.


Wage and Hour Claims

Medical malpractice occurs where a doctor or other health care provider causes injury because they fail to follow accepted standards of practice for their profession.  For example, if a doctor administers medication intravenously (i.e. through the veins) when it should be administered intramuscularly (i.e. in the muscle), and that conduct causes nerve damage to the patient, there is a potential medical malpractice action that could be filed against the doctor.  In some cases, the hospital or nurses may be implicated as well if they were somehow also involved in the care of the patient.

The timing of legal representation is extremely important in a medical malpractice action.  Under the law, a claim needs to be filed in court within one year of the time the patient knew or should have known of the negligent conduct, or within three years, whichever is shorter.  This is different than in most negligence actions where the statute of limitation to file a claim is 2 years.  It is critical, therefore, that an attorney be contacted as soon as you suspect any negligent conduct by the health care providers.

Contact an attorney immediately if you or someone you know has been injured and you suspect that the injuries may have been the result of doctor, nurse, or hospital negligence.


Overtime Pay

Individuals are required to have a minimum level of collision insurance when they drive in the state of California.  In California, that minimum is $15,000 / $30,000.  The reason for this is to protect drivers injured by the negligence of others. 

What to Do After an Accident: 

  • Assist others that may have been injured by the accident
  • Contact law enforcement.  If law enforcement writes a police report try to get the report number and the name or badge id number of the officer
  • Exchange information: names, addresses, phone numbers, insurance
  • Seek medical attention immediately
  • Seek the advice of an attorney

Your attorney will initiate a claim with the insurance company if one has not already been started.  He or she will protect your legal rights and ensure that you are compensated for all of your injuries, not just the property damage to your vehicle. 

If you have been injured by someone who does not carry insurance, the Uninsured Motorists portion of your own policy, if you've elected that as an option under your policy, may cover you for your injuries.  By the same token, if you are injured and DO NOT have insurance, the remedies for your injuries may be limited.  It is important to seek legal representation to discuss your policy and options.

Contact an attorney immediately if you have been injured in a motor vehicle accident as a result of someone else's fault.


Sexual Harassment


Hostile Work Environment

California is an "At Will" State.  What this means is that an employer may hire or fire its employees any time they choose, unless there is a recognized exception under the law.  The commonly recognized exceptions are where an employee is terminated because of their race, gender, disability or sexual orientation.  Both state and federal law protect employees from discrimination on these grounds.

Employers are also required to pay their employees at least minimum wage, and wages in accordance with the law.  The type of industry dictates these requirements and when wages have to be paid.  It is important to see an attorney regarding these rights if there is any question about your pay.  Employers must compensate their employees for all time worked, on time, and promptly upon termination of employment.  Our attorneys will file a claim on your behalf with the California Department of Industrial Relations, Division of Labor Standards Enforcement and will enforce your rights during these procedures to ensure that you are fully compensated for your hard-earned work.

Employers are also required to provide a non-hostile work environment for their employees.  This not only means that employees should be free of sexual harassment, but that they should not be retaliated against for whistleblowing activities, such as reporting violations of the law.

If you have an employment claim related to discrimination, unpaid wages, compensation and benefits, or other wrongful termination actions, contact our office immediately to talk to an attorney.   


Discrimination


Retaliation


 
 

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