1. Your employer can terminate you at will, but only under certain conditionsIt would be illegal for an employer to terminate you if:• It violates the agreement contained in your employment contract with them.
   • If it is based on gender, race, color, nationality, religion, sexual orientation, age, disability or medical condition, language and marital status.
   • If it is as a result of reporting them to state law enforcement agencies.
   • If it because you filed a case against them.

   2. You have a right to be compensated for late wages

   The ‘waiting time’ penalties are awarded to you calculated on every single day of the delay for up to thirty days.

   3. You have a right of access to your personal file

   The law protects you from being denied accessing the contents of your personal file at any time you need it.

   4. Your former employer can only say ‘ true’ things about you as a referee

   Should your former employer be contacted for reference; it is illegal for them to give false information about you.

   5. You still have a right to unused vacation days after termination

   The law protects you from being denied compensation for vacation days you did not take. In the case you are terminated, you should receive payment for them.

   6. You are entitled to 12 weeks of unpaid leave annually

   These leave days allow you time to take care of ailing family members.

   7. You are entitled to health insurance benefits regardless of your job title

   Whether an employee or a contractor you have a right to health insurance.

   8. You have a right to pre-choose your worker’s compensation doctor

   You are allowed to choose the doctor you prefer to treat you under your employer’s group health plan. This is the doctor who would treat you in the case of injuries at the workplace.

   9. You have a right to refuse to work in poor and unsafe conditions

   The law protects you and even allows you to quit until the conditions are improved. You should ensure you inform of your intentions in writing for reference purposes.

   10. Whether or not you receive overtime pay depends on what you do

   You are exempt from overtime pay if:
   • You earn over $2340 a month
   • You are involved in managerial duties
   • You are in a profession such as teaching, accounting, music law, and if you are an editor.

   11. You are entitled to unemployment insurance even if you quit your job

   However, it is only if you quit job for a good reason. Good causes for quitting include:
   • Better job offers
   • Poor work conditions
   • Health concerns
   • Domestic matters, like having a violent spouse

   12. Your employer is not allowed to deduct your wages unreasonably

   It is illegal if the loss was not a result of negligence or gross misconduct on your part. It is only allowable if your employer can prove it was. It is also illegal for an employer to deduct the cost of tools and uniform from your pay.

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   Photo Credit: Shutterstock/Rawpixel.com

The post Facts About California Employment Law appeared first on UELG.

Sometimes, new employees will come across on their job application, employee handbook or employment contract that they will be hired “at will”. For a lot of individuals, this term, at-will employment, is a complete mystery. However, the same individuals are often dismayed when they find out its actual meaning: that their employer has the power to let them go at any time and for any reason they deem fit. In this regard, the reasons why any employer can fire their at-will employees is quite versatile and diverse, naturally to the benefit of the same job provider. If or when the same employment ends, the employees will have a very limited legal potential to do anything about it. But, at the same time, there is a lot more to the same form of employment that is relevant to the employee, especially in the state of California. Here are the most important basic facts about at will employment in California.

At-Will Employment

The law, speaking from the most general standpoint across the US, presumes that anyone is an employee at will. The same does not stand only if the employee can prove that he or she was not hired on an at-will basis. This has to be proven through the use of a written document that was signed by both parties or through an oral statement that was made in the presence of a witness or a third party.

Documents used in the Process – At-Will Employment

Employers usually take a substantial effort to signal that their employees are hired on an at-will basis. This can come in the form of policies, handbook, applications, job evaluations and any other documents related to their employment. If any formal document was signed, the employee has no chance using the law to prove they were wronged in some manner by the employer. That is why anyone must check their document to be sure if they signed that they agree to be fired at any time and without a case. At the same time, a document signed which include a job security promise do not represent an employment at will. If these are breached by the employer, the employee has a right to sue.

Rights of Employee and At-Will Employment Agreements

Often, employers provide their new employees with a written statement that shows they are at-will employees. But, even those who are at-will employees have a set of legal rights. At will employment in California covers protection that a person cannot be fired for reasons that are illegal, either under the state law or the federal one. The same is true for being fired for complaining about a particular illegal activity, about harassment or discrimination, or safety and health violation in the same work environment. The same is true for the protection when it comes to taking medical or family leave, serve in the US military or taking the time to serve on a jury or vote. These are not reasons for getting fired at an at-will job.

With this crucial information on at will employment in California, anyone working under this type of an agreement can make sure their rights are fully protected.

Photo Credit: Shutterstock/Elnur

The post The Basics of the Law Behind At-Will Employment in California appeared first on UELG.