In California, employers are required by law to give their employees their final paycheck after the termination of their employment. According to California labor laws, payments should be made on regular paydays or at least twice during each calendar month. Any wages earned between 1st and 15th of the month in question should be paid before 26th of that month. Likewise, wages earned on the 16th day of the month should be paid before 10th of the following month. And if the employee had worked overtime, the employer is obligated by law to add the amount in the next regular pay period. The employer must also pay all the accrued vacation at the time of termination.

When an employee is laid off/fired, he or she is entitled to the final paycheck immediately. On the other hand, if an employee quits without giving notice the employer is bound by law to give the final paycheck within 72 hours. But, if you quit by giving three days notice to your employer, you should have your paycheck on the last working day. However, you’re not entitled to any payments on unused paid sick hours. And in case you have a mutual agreement with the employer to mail the last paycheck, he cannot force you to come to the office to pick it.

What are the unique rules to specific industries?

Film industry

All short-term employees involved in broadcasting or motion picture production should collect their paychecks from the employer the next regular payday. But, if the employees are working under a collective bargaining agreement, alternative provisions on final payments may apply.

Agriculture industry

Seasonal employees who work with canning or drying fish, vegetables or perishable fruits are entitled to payments within a reasonable time not exceeding 72 hours.

Live entertainment

Any employee working at live concert events should collect his or her final pay as provided in the bona fide collective bargaining agreement.

Oil industry

Employers who lay off employees engaged in oil drilling should be paid within 24 hours, excluding weekends and holidays.

Waiting Time Penalties

If you’ve been terminated and your employer has failed to submit the final paycheck, you’re a victim of wage theft. For each day the employer delays the last payment, you’re entitled to collect money as a waiting time penalty on your previous employer. In California, this penalty is calculated by taking the employee daily rate and then multiply by the number of days that remain unpaid (up to 30 days). Even after collecting final paychecks on time, employees may still be entitled to waiting time penalty if they did not receive all compensation.

If your employer has failed to give the final paycheck on time, you should seek the services of UELG (united employee law group) to file a lawsuit against him or her.

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Performance Improvement Plans are used to improve employee performance, modify behavior and correct discrepancies. Employees put under the PIP have their work closely monitored. However to employees the PIP is not really a positive thing. It should be considered as a final warning or the last step to being fired. Frequently, PIP is used by most managers, especially in cop-orates and private industries to sabotage their employees’ future in the work places. Employees perceive it as the company’s way of gathering additional evidence to get them fired

Risk involved:
Protesting the PIP

Employees should avoid over reaction and use the proper ways to protest. You should seek to set the record straight on issues such as; the set PIP goals cannot be achieved, the facts used in the evaluation were false or the manager’s motive is inappropriate. If you believe that the PIP has an unlawful bias from the manager or is unethical, then they need assistance in reporting and documenting the process outside the workplace.
Refusing to sign

Failure by you to sign the PIP displays an act of insubordination or a voluntary quit. It is better for you to sign under protest and add a line such as; I protest the PIP, I am not in agreement with the content, I intend to present a formal complaint or I am not in agreement with the content but my signature indicates that I have received the document.
Quitting

Not only is quitting the worst response to PIP, but it will also make you lose your income, disqualify you from unemployment benefits and will also compromise legal your potential legal claims. You should seek an employment lawyer so as to act accordingly and prevent your actions from being interpreted as insubordination or a voluntary quit. As an employee, you could also consider the following:
Getting serious

As your performance has been already below expectations, you should get working and put extra effort. You have to help yourself out of this situation even if it means requesting the manager for additional training. This may boost your efficiency and effectiveness in doing the work.
Start a job search

As the outcome of the PIP is uncertain you can begin a job search. You should update your resume and build your networking skills, should things turn out negatively, you will be prepared.
Move forward

When it becomes evident that the job is clearly not your right fit, it is wise to discuss an exit strategy with your manager. Creating an open dialogue will help you earn a little more leeway and help you move on in your own terms. You can negotiate the time of your departure from the company and the type of future reference that you want.

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You got a job, you have worked very hard, and you are living the dream -and then, seemingly out of the blue, you get a notice that your employment contract has been terminated. Whether you are given enough time to transition out of your job or maybe you are immediately walked to a parking garage with the box of your belongings, losing a job is regarded one of the most stressful experiences in life.
Currently, California is an at-will employment state. Therefore, an employer in this state can fire his or her employee at any moment or for any legal reason. However, despite this fact, there are times when firing an employee (or terminating his or her contract) will violate the law and the rights of an employee.
If you have been fired from your job, how do you determine if the termination was lawful or illegal (referred to as wrongful termination)? To help you answer this crucial question, we’ll uncover major signs of wrongful termination, so you’re aware of your rights as an employee in California -and so that you understand when it is necessary to fight back and hold your employer responsible for violating your rights.

You were discriminated against
Similar anti-discrimination laws which protect you during your hiring process protect you from being fired as well. Employers can’t fire an employee due to their gender, race, sexual orientation, disability, age (if over 40), or even national origin.
In many states, you also can’t be fired because of your pregnancy, marital status, or military affiliation. If any of these genetic or personal features acts the basis for the firing, again, you will possibly have a wrongful termination case against your employer.

Your employer made you a particular promise about your employment term
While employers do not have to have a particular reason for firing their employees in at-will employment states like in California, such firings can’t violate the terms of any existing employment contract.
For example, let us say an employee and his or her employer have a contract for a particular duration of employment. In case the firing violates this specific contract (because an employee was fired prior to the end of the period stated in the contract), it’ll possibly constitute a wrongful termination case (as long as an employee didn’t violate some other terms of that contract which could have led to firing).

You were fired after declining to do something unlawful
In some instances, employers may request their employees to conduct illegal businesses on their behalf. If employees decline to carry out these illegal acts and are eventually fired for their refusals, again, they’ll possibly have a wrongful termination case.

You were fired for exercising your rights as an employee
Employees have the rights to report an employer’s alleged illegal actions or the regulatory violations to the proper authorities. Moreover, employers have the right to request considerable disability accommodations (when necessary), take paid time off and expect to work in a safe environment.
When employees are fired for exercising these rights, they’ll possibly have been the targets of wrongful termination.
Have you been wrongfully fired by an employer? If so, then you can seek help from an experienced lawyer at the United Employees Law Group for effective legal advocacy in your pursuit of justice.

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A whistleblower is an employee who discovers and reports wrongdoing, which is usually some form of illegal activity on the part of the company as a whole or by another employee. This might have to do with breaking the law, violating a code, or violating a safety ordinance. But very often it is a case of discrimination that is being reported, something having to do with race, age, gender, religion, sexual orientation or disability. Reporting sexual harassment also falls into this category as well as filing a worker’s compensation claim.

Once the report is made the employee is at risk for being retaliated against by their employer. There are many forms of retaliation with the most common ones being unpaid administrative leave, reduced pay, a demotion, poor reviews, write-ups, being passed over for a promotion and in extreme cases, termination. In the case of being terminated due to retaliation, it is most likely a wrongful termination.

The law regarding retaliation is interesting in that maybe your manager or some other individual at the company is retaliating and making it difficult for you. However, in the eyes of the law the company itself is responsible and held liable for that employee’s actions against you.

In 1998 a ruling came down from the California Supreme Court that individual supervisors and managers cannot be personally held liable for retaliating against an employee. The liability falls fully on the company because according to the California Fair Employment and Housing Act, it is illegal for any labor organization, employer, employment agency or individual to retaliate. The company in the end is liable as they are responsible for the supervisor or manager’s acts of retaliation.
Labor law can be very complex. If you have concerns about your employment you are well advised to contact a California attorney specializing in labor law so that you know and understand your legal rights.

If you would like to inquire about this article or anything on our blog, please call UELG at:

San Diego – (619) 342-1242

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At Will Employment
Basically this means that the employee and the employer both have the right to terminate the employment relationship at any time, without giving notice or warning. Neither party needs to give a reason, and if they do give a reason it doesn’t have to be a good reason, it can be as ridiculous as they want. Which brings me to ….
Wrongful Termination
There are really only 2 ways in which an at will employment situation can have a wrongful termination. The reason for the termination must be based on either discrimination or retaliation. This is often confusing because if we look up the definition of discrimination in Webster’s dictionary we would find:
b : the process by which two stimuli differing in some aspect are responded to differently
However, under California labor laws Discrimination is not as broad. Instead it is narrowed to only include situations pertaining to:
• Ethnicity or national origin
• Age – over 40
• Gender – equal pay act
• Sexual orientation or gender identity
• Religion – religious garb
• Disability – medical issue
If a termination cannot be proven to be linked to one of these categories, then the only other way to have a wrongful termination is to have been subjected to retaliation.
Retaliation
Again Webster’s definition of retaliation is more broad than what California labor law will recognize. The dictionary describes retaliation as:
“to return like for like; especially : to get revenge”
And California labor law narrows that to pertain to whistle blowing, meaning that retaliation can usually only occur if the employee has blown the whistle or reported the company for breaking some kind of law, code, regulation or industry standard. A simple disagreement or reporting your manager for being unfair or unprofessional unfortunately will not qualify as retaliation or whistle blowing, even if that manager acts out in revenge.
Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.

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How much is it worth and are you opening the door to unwanted scrutiny of your own life by filing a suit against your employer?

This aspect can be largely determined by the course of action chosen by your labor attorney. For instance, if your lawyer believes you can get a larger settlement based on emotional trauma due to the unfair treatment that you faced on the job, then you will have to show this emotional trauma. This can mean getting personal, and not just since the “trauma” occurred. When trying to ascertain whether there was emotional damage done by your company, the defense will dive deeply into your life to try and show that whatever emotional issues you do have, were there long before they did whatever you say they did.

If you are seeking a case based on only emotional distress, this is clearly a consideration you have to make.  How much are you willing to divulge to a courtroom full of people?

The best answer is a somewhat obvious one; you need to have a case based on hard facts!

The approach we use at United Employees Law Group is an all angles one. We know how to ask the RIGHT questions so that we can dig up the HARD FACTS.  Numbers don’t lie or change their opinion. Numbers like the ones on your time sheet or computer logs, video from security cameras, etc., are the things that help us win cases for our clients, often without even having to set foot in court. In truth, if an attorney does their job right they end up in court very little. The aim of building a great case is to present such evidence to your employer and their attorneys that they know it will likely end in a large settlement and a lot of court fees, so that it benefits them to settle out of court and pay you without dealing with a long, drawn out court battle.

If you are ready to talk about your issues at work or mistreatment by a former employer, CALL NOW. The team at United Employees Law Group is here to help you build the case you need to win.

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Years go by, but some things never seem to change. No matter how many new laws are put in place to protect people, there are still those willing to act with bigotry and malice toward their fellow man.  There were several new and updated labor regulations passed last year and yet many employers continue to violate these laws and mistreat employees on a regular basis.

Are you wondering if you are being discriminated against? Have you been treated unfairly, but aren’t sure if you have an actual discrimination case? United Employees Law Group has been helping employees prove and win cases of discrimination long enough to know the ins and outs, but more importantly we know that most people willing to break the law don’t just break one. We will go through your case with a fine tooth comb and determine ALL areas of violation being perpetrated by your employer.  It doesn’t need to be just your current job either.  In California you have up to 4 years to file a case against your employer for labor code violations, which means everything from discrimination to overtime violations or unpaid final wages.

Below are some of the common complaints and issues we see that can be addressed through the law:

•             Hateful or hurtful speech, jokes repeatedly made at ones expense based on a difference.

•             Obvious preferential treatment for an individual or group excluding others.

•             A supervisor who fails to or refuses to address the problems posed by an employee.

•             Shifting or changing company policy to suddenly affect only a specific group of employees.

•             Problems between employees that are personal in nature and go unresolved.

If any of this sounds familiar then you may have a good case for a discrimination claim.  Whether you still work there or were wrongfully terminated, you need the right attorney to help you navigate these rough waters. Call now before any more time slips away.  You have a limited time to file, and the sooner you do the more you are likely to be able to collect.

Your call is completely free and confidential, don’t wait!

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California labor law attorneys have been noticing a trend in

terminations during medical leaves of absence. Often times the cause for termination is the employee’s failure to return to work within the time period allowed by the company. Employers usually set a policy that specifies that employment will terminate if an employee fails to come back from

a medical leave of absence within a given period of time. Usually, those periods appear to be munificent, sometimes as long as a year. Companies reason that the employee took advantage of the full FMLA benefits and thus the employee lacks statutory job protection. By the time the leave has expired, the employee may have exhausted workers’ compensation leave benefits. Employers sometime set the time limit to correspond with the commencement of long-term disability benefits, if they are available. Despite the seemingly long period of time, the employer must still recon with the ADA and its state and local equivalents.

California labor law attorneys and the EEOC has been insistently pursuing companies that implement rigid medical leave policies, despite of the length of the leave or whether medical leaves are treated in the same manner as other non-medical leaves.

California labor law attorneys and the EEOC have taken the position that the ADA requires companies to offer a reasonable accommodation to employees with disabilities and reasonable accommodation must be determined on a case-by-case basis. Because the courts have recognized that granting a leave of absence could be a reasonable accommodation, the company must engage in the interactive process, including taking into account requests for an extension of the leave or returning to work with an accommodation. The employer may then evaluate whether the requested accommodation imposes an undue hardship. The EEOC contends that inflexible leave policies ignore the obligation to make reasonable accommodations on a case-by-case basis.

Instead of sustaining a rigid medical leave policy, employers should consider:

• Institute a flexible or target end dates for medical leave.

• Inform employees within a reasonable period of time prior to the end date of the leave period that the leave is going to expire.
• Appraise whether the employee’s request for accommodation is reasonable and whether it can be granted without an undue burden.

• Questioning if the employee needs additional time off and, if so, how long. The employer may want the employee to provide a statement from a physician supporting the need for additional leave and the amount of additional time off required.

If you have been terminated while out on medical leave or for failure to return according to company policy and you feel it was unreasonable given your circumstances please contact an experience California labor law attorney to examine your case.

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The involuntary termination of employment by the employer is controlled by specific rules which if violated entitles an employee to recover damages.

Employment in California is presumed to be “at will.” This means either party may terminate the relationship for a good reason or no reason at all. Nevertheless, as with most such general rules, there are exceptions.

If you have suffered retaliation in the form of being fired, demoted, suspended, or denied an employment benefit because you complained about what you reasonably perceived as a violation of law, such as late or non-payment of wages, failure to receive overtime pay, filing a worker’s compensation claim, or workplace safety issues, or suffered discrimination on the basis of age, race, religion, sex, nationality, medical condition, disability, sexual orientation, or marital status you have a right to recover damages for wrongful termination.

There are exceptions to the “at will” provisions. These include a situation where your employer promises long term employment. Such a promise may be set forth in a written contract, an employee handbook or it may simply be implied through an employer’s actions such as continued promotions, raises, or positive performance reviews.

Furthermore, an employer may not take an adverse employment action against an employee for complaining about or generally opposing discrimination or harassment directed against themselves or another employee. Employers are also prohibited from retaliating against an employee for reporting information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal law.

The two main remedies for wrongful termination are reinstatement and monetary compensation. Juries are generally sympathetic to someone wrongly treated and therfore employers are exposed to substantial awards for economic damages as well as penalties.  In addition to an action for wrongful termination, you may also have a claim against your employer fordamages for defamation or invasion of privacy as well as for final payment of wages, accrued vacation time, and overtime.

Wrongful termination cases are fact-specific; therefore, documentation is critical. If you believe you have been or about to be wrongfully terminated first seek counsel from a labor law attorney especially if your employer wants you to sign a release or other agreement. Many labor attorneys will offer an initial meeting without charge and in many instances may take your case on contingency. So finding out your rights costs you nothing. Not finding out your rights could cost you dearly.

You should also take time to compile the following evidence:

• Request a copy of your personnel file from the human resources department. This file will include vital information such as rate of pay, promotions, performance reviews, awards, and recommendations. Remember that you are entitled to any and all documents you have signed in relation to your employment.
• Collect all correspondence with your employer including letters, emails, and text messages.
• Obtain a copy of your employee handbook and any other written company policies.
• Create a list of individuals who witnessed your termination or the circumstances leading up to your termination. Be sure to obtain their personal contact information so you can reach them after you leave your job.
• Record all instances of comments or behavior you believe constituted discrimination or other illegal activity.
Once you have collected the above documentation, contact an experienced California labor attorney for an evaluation of your situation.

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Layoffs in California are an inevitable part of employment, especially for employers that decide to do so in today’s tough economy. From an emotional standpoint, letting go of employees is a very difficult decision. Apart from the dilemma that employers face before selecting which workers are going to be laid off, the chosen employees would have to start from scratch; that is, find new jobs to support themselves and their families.

In California, the task of arriving at an employment decision such as a layoff is already difficult, thanks to the prevailing rules on it. Obviously, failure to abide by those rules may result in employers facing lawsuits from laid-off employees.

Layoff rules in California

Basically, California employees are considered “at will,” which means that they can be terminated at any time and for any reason, as long as there is a legitimate reason for doing so. The same concept applies in layoffs, where employers must adhere to their company policies and that the decision should not be motivated by discrimination. Likewise, salary should not be a deciding factor in subjecting an employee to a layoff.

Moreover, under the Worker Adjustment and Retraining Notification Act (WARN), employers with full-time workers and also planning to lay off at least 50 people must provide “WARN” notices 60 days in their workplaces. Such notices must be posted or issued 60 days before the date of the layoff. However, there is a California version of this law, in which part-timers have been included in the WARN notices. “Mass layoffs” have also been defined as a layoff of at least 50 employees, part-time or full-time, within 30 days.

Another important aspect of California layoffs is on final pay. Laid-off workers have the right to collect their wages, including accumulated vacation pay, right after they have been terminated, as stipulated under the state’s Labor Code. But then, there are exceptions, depending on the type of job industry.

For example, seasonal employees, such as those in the fruit canning and packing industry, must obtain their final pay within 72 hours after they have been laid off. Similarly, those laid off from jobs in the motion picture industry can collect their wages the day after the layoff.

Laid-off employees are also covered by health insurance, thanks to the Consolidated Omnibus Budget Reconciliation Act (COBRA), and its state equivalent, the Cal-COBRA. Said insurance coverage must be given by the employer up to 36 months from the layoff, provided that the employees will take charge of their entire premium.

Seeking legal action in relation to layoffs

While employees are considered “at will,” they are still entitled to their rights to pay and compensation, as well as be terminated under legal grounds. If one is laid off on the basis of his or her race, sex, religion, or any other protective characteristics defined under the existing California employment laws, then it is best that he or she must seek legal assistance from an expert employment discrimination lawyer.

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