When the global recession hit the United States in 2008, it caused devastation to many people and their families. One of the states that got hit the hardest was California. Even today, it still has a deficit of over $400 billion and a 7.4% unemployment rate.

The good news here is the unemployment rate was at 12% in 2010, so things are certainly going in the right direction as far as jobs are concerned. But, are they good jobs? Are they the kind of jobs that will pay the rent and feed your family? Statistics show that the number of temporary and fast food jobs have increased over the years, which could explain why the unemployment rate appears to be low. However, we are still not seeing any new manufacturing or long term positions available to those people who want them.

We are seeing the same thing with the rest of the country, but California is among the worst. Since it is not illegal to factor in part-time, minimum wage jobs into the statistics of unemployment, this allows people to get a false idea about how the recession is really doing. Besides, the 7.4% unemployment rate is still higher than the 6% national unemployment rate.

The recession has still taken its toll on the Golden State. People are working two or three jobs just to pay the rent. This means they don’t have the time or money to go back to college and pursue a degree that will allow them to get a better job and make more money. Nobody seems to talk about this because we are so busy patting ourselves on the backs because the unemployment rate is going down. The truth is that it is not going down because people will still be unemployed when their temporary jobs are over.

As for part timers, they aren’t likely going to see opportunities to get full time employment because of the legalities regarding Obamacare. Employers are finding they have to pay more money to provide healthcare benefits to their employees. So, they are just totally eliminating healthcare benefits all together and keeping people on as part time employees. The only thing is, some workers end up working overtime anyways, but it is not official.

The laws need to change in order to allow all workers to get affordable healthcare. If not, any time a worker gets sick or injured it could put them into bankruptcy. Then they will never be able to get a loan for a new home or car. It is just a big mess and laws need to change to benefit the hard working employees who deserve a break.

United Employees Law Group has been fighting for our clients for over 35 years, through thick and thin.  If you are facing unlawful treatment at work, we are here for you. Call TODAY for a FREE and CONFIDENTIAL consultation.

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President Obama recently announced he would alter the Department of Homeland Security policy and allow some undocumented immigrants who came into the country when they were children, the option to apply for two-year permits, protecting them from being deported.

Obama proposes that illegal immigrants would be eligible for the permits provided the following:

• They be under the age of 30 years of age
• They came to America illegally under the age of 16
• They have continuously resided in the US a minimum of five years
• They have never committed criminal acts, and
• They hold a high school diploma, GED, or equivalent, or were previously serving or are currently serving in the military.

The President claims this is not a permanent solution, but rather a temporary fix until congress can find a long term fix to the ongoing problem, and does not provide a “path to legal citizenship.” Even so, there remain some rather large issues; the permits, though for a two-year period, can be renewed indefinitely, and perhaps a bigger issue is the question of whether President Obama even has the authority to pass the order on his own.

Employees in California would clearly be affected by the order as the state has a large immigrant workforce, both legal and otherwise. So what does the country think about the possibility? A whopping 73% feel the President should be working with congress rather than trying to grab power and make executive orders on his own, regardless of whether they like the policy. But a significant majority of 63% of people polled don’t want the permits granted at all.

For reasons such as the loss of jobs for legal residents, to the statement that the decree is downright unconstitutional, the debate rages on and so far there is no solution from either side.

The debate brings with it many issues for California workers, and we have passed new laws this year that provide additional protection for immigrant employees no matter what happens in Washington.

If you have experienced discrimination as an immigrant, whether you are legal or not, UELG may be able to help.

Photo Credit: Shutterstock/ goodluz

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2009 found many California workers with personal finances in the deep red. According to the U.S. Department of Labor, California had the greatest number of job losses with over 617,000 workers either laid off or terminated.  Accordingly, the number of residents regularly receiving unemployment checks and filing new claims for unemployment benefits rose. The good news for the unemployed is that an economic recovery is projected. After cutting costs and laying off workers, employers will need new employees to meet increasing production demand. Lynn Reaser, chief economist at Point Loma Nazarene University, has predicted there will be job growth in all areas of the economy especially in the tech, health care, and accounting sectors. Although unemployment rates will be slower to improve than industry growth, Reaser suspects that the national unemployment rate will level out at 9.5 percent.

The other piece of good news is that the federal government is stepping in to create more jobs through its $500 million green jobs initiative. It may be said that “money doesn’t grow on trees,” but unemployed workers may earn some much needed green by helping out the environment. Following the millions of dollars already authorized, the U.S. Department of Labor recently announced an additional $150 million in grants for workers willing to be trained in energy efficiency jobs. Authorized by the American Recovery and Reinvestment Act, this award is part of a round of grants that will be used in projects in areas of the country with at least a 15% poverty rate. The goal is to provide the unemployed, particularly high school drop-outs and minorities, with basic education and occupational skills so they may find work in an eco-friendly career.

 Organizations receiving grants in California include:

• The Los Angeles Community College District
• The National Council of La Raza for San Jose and San Diego
• Northern Rural Training and Employment Consortium
• The West Hills Community College District

In addition, more green grants are expected to be announced in the next couple weeks. 

Over the next month or so the program will be working closely with employer groups to determine how much demand there is for certain types of jobs and the amount of training required for each. The type of work is lkely to be varied, but probably best suited for individuals who like working outdoors, have some construction experience, or simply want a career change. If you are interested in applying for the program, you can visit the Employment Development Department (EDD)’s One-Stop Career Center in your county.  Even though applications won’t be available for several weeks, unemployed workers can still take advantage of the center to register for California labor law attorney. 

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Leaving the right way can make all the difference

Whether by layoff, termination, or decision to explore greener pastures, leaving a job is a stressful and emotional time.  Making the right decisions and avoiding career damaging mistakes are critical.  Having represented the rights of well over eight hundred clients we have seen how powerful a little knowledge is and unfortunately how devastating ignorance can be.   Presented below  are the five critical steps you can take to protect your future. .

Request a copy of your personnel file

Before your departure from the company, pay a visit to the human resources department and request a copy of your personnel file.  This file should include performance reviews, awards, contractual agreements and other items that may be beneficial to you in your future job search.  If your employer refuses to provide this information, remind them that you have a legal right to any documents that you have signed.  It is also wise to keep a copy of all company policies, employee manuals, and other data that is non-proprietary.  This information is critical in the event of a dispute involving your rights to unpaid overtime or for wrongful termination, etc.

Collect recommendations and references

Prior to your departure, request a written letter of recommendation from your immediate supervisor or other higher ranking individual.  Also obtain the name and number of a person in the company who prospective employers may contact for a positive reference.  Remember that anyone who has witnessed your work and thinks you do a good job can serve as a reference, including supervisors, managers, colleagues, co-workers, and subordinates. Be sure to obtain their personal contact information including home address, phone number, and email so you can reach them in the event that that they leave the company.   If you offer to serve as a reference for them and provide your contact information, they may be more willing to reciprocate.

Keep in mind  that even individuals outside of your company may serve as references.  Perhaps the most important word to remember is “network.”  Take a few minutes to call or email people in your industry with whom you’ve established a good working relationship.   As Laura T. Coffey points out, the more contacts you have in the industry, the better your chance of finding work quickly.  

Protect your benefit plans
 
Obtain a copy of your employer’s health insurance policy and find out what it covers.  It is possible that you may continue coverage under your existing plan for a few months pursuant to COBRA, but this is likely to be costly.  It is wise to look into the cost of personal health insurance and shop around for the best price.  Also access your retirement plan.  You may be able to take your pension as a lump sum or transfer your money to an individual retirement account (IRA). 

Remove all personal items 

If you anticipate leaving your job, begin removing all personal items from your office.  At the time of termination, you may be escorted off the premises without time to pack your belongings.  Someone may do this for you later, but this is not guaranteed.  Don’t forget to check your computer.  If you have created any personal files or installed software, copy and delete them.  Be careful not to take anything that may be considered proprietary, such as customer lists, proposals, financial reports, etc.  You certainly don’t want to begin your job search with accusations of theft or violation of contract.

Evaluate your severance package and release

Although employers are not required to offer severance benefits, they may do so in order to smooth things over with exiting employees.  Severance benefits may include up to six months salary, extended health insurance coverage, payment for accrued sick days, and outplacement services, among others.  However, these benefits do not come cheap.  Employers will usually condition payment on the employee’s signature of a release that waives all claims against the employer.  Promises of non-disclosure and non-competition are often common.  You should never sign such a release without first talking to a labor law attorney. .  If you are owed any past wages for unpaid overtime or for any other reason you could easily lose those rights which could be substantial. These contracts are drafted for the sole benefit of the employer and are legally significant.  Therefore, it is important that you have a labor law attorney review the release before signing.  A knowledgeable labor law attorney will protect your rights and may be able to negotiate more favorable terms.

If you have any questions or concerns about your employment rights upon leaving an employer, do not hesitate to an experienced California labor law attorney.  Some attorneys will review your situation without charge, in which case you can have peace of mind and protect your rights without any cost to you.

Photo Credit: Shutterstock/Idutko

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Sounds somewhat reasonable, however, Gov. Brown had already argued that he could not release anyone else from prison without letting out dangerous criminals. One must ask, how will passing a new law actually change these people into less of a threat to the public?

The new guidelines are as follows:

* having small amounts of concentrated cannabis, heroin, cocaine, meth, ecstasy, GHB or other illegal/controlled substances will be a misdemeanor offense; possession will now be punishable with monetary fines and up to one year in local jail.

* Theft of, purchasing, or hiding stolen goods with a value under $950.00 has been deemed a misdemeanor. This mandate raises the limit on agricultural theft, such as crops or goods, from $250 up to nearly $1000.

* It is now a misdemeanor to pass insufficient checks or forgeries under $950.

* Any shoplifting offense of less than $950 in now a misdemeanor as well.

* Prop 47 also allows convicts, with up to three previous offenses that qualify, to petition to have their convictions reduced under the law.

The idea here is that it separates the small petty crimes further from “serious” and violent crimes. Opponents argue that it lowers the deterrent to commit crime and we will see an increase in crime. Many small business owners worry about crime at the “street level” and what the trickle down effect will be.

Many first time offenders could be hoping for a second chance and perhaps they will get it. If you combine the lesser conviction of a misdemeanor with the new laws stating that you cannot be forced to have a background check until you get past preliminary interview stages, this could be the perfect recipe for a fresh start.

Questions about what applies to you and your employer? CALL United Employees Law Group NOW

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