What Can I Do If I Was Misclassified as an Independent Contractor?

If your employer misclassifies you as an independent contractor, you could suffer financial harm. You may also lose certain benefits that could negatively impact your retirement and future plans.  Employers are required by law to classify workers correctly. Employers who intentionally misclassify an employee could be sued by the employee and face fines from the government.  Why is the Correct...

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How To Deal With An Unfair Workplace

For most of us, we spend more of our waking hours at work than we do at home or anywhere else. Therefore, it is reasonable that we would want the time spent at work to be enjoyable and productive. It can be impossible to be productive and enjoy our job when we are being treated unfairly at work.  Unfortunately, employees...

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Can My Employer Deny My Request For Time Off

Most employers understand that employees need time off to take care of personal matters or relax and spend time with their families on vacation. Also, employees may need time off when they are sick or need to go to the doctor. Therefore, many employers offer PTO (paid time off), sick leave, and/or vacation time as a benefit of employment. California...

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Is Wrongful Termination Difficult to Prove

Proving a violation of employment law or discrimination law can be challenging. California is an “at-will” employment state, which could make the task of proving wrongful termination more difficult.  In an “at-will” employment state like California, an employer can fire an employee at any time without giving a reason or justification. There are some exceptions, such as employees who are...

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How To File A Wrongful Termination Lawsuit

Losing your job can be devastating. Being wrongfully fired can be even more distressing. Suing for wrongful termination can give you the justice you desire. It can also compensate you for damages caused by improper termination.  Can I File a Lawsuit for Wrongful Termination at Will? Before discussing how to file a lawsuit for wrongful termination, you need to determine...

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Difference Between Lawyer and Attorney

If you need legal advice, you may search for an attorney. You may also see references to lawyers. Is there a difference? In the United States, the terms “lawyer” and “attorney” are generally used interchangeably. However, the traditional definitions of these words have a significant difference.  Lawyers and attorneys have studied law and obtained a legal degree. Historically, a lawyer...

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What Are My Rights as an Employee in California?

Federal employment laws protect employees throughout the United States from unfair and illegal actions by employers. In addition to federal employment laws, California labor laws protect employee rights throughout the state. Employers who violate California employee rights can be subject to stiff penalties. Is California a Right to Work State? California employment law presumes that employees are employed at will....

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What Are an Employee’s Rights After Job Termination?

Being terminated from your job can be frightening and stressful. You may be unsure how you will pay your bills and what you need to do about health insurance and other benefits.  You may wonder if you are being laid off: what are my rights? The same is true if your employer suddenly issues a termination of employment letter. You...

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Is There a Limit to How Much Reasonable Accommodation Can Cost?

Thanks to the Americans with Disabilities Act (ADA) and other laws, employees with disabilities enjoy a number of protections that permit them to pursue fulfilling careers. One of these important protections is the right to request and receive reasonable accommodation to help them perform essential functions at work.  Reasonable accommodation can include the following and more: Adjusting office layout to...

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What Is Third-Party Sexual Harassment?

Sexual harassment in the workplace is a problem that’s as destructive as it is pervasive.  As a form of sex discrimination, it is illegal under federal law outlined by Title VII of the 1964 Civil Rights Act. At the state level, it is prohibited by the California Fair Employment and Housing Act and recent legislation expanded sexual harassment training requirements. ...

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