Worker's Rights

June 21, 2022

How to Deal with Workplace Retaliation

Although it may be difficult to do, employees have the right to say something when they believe that their employer has violated the law. If the employee has been harassed or mistreated, they should be able to voice their concerns about the employer’s wrongdoing without it impacting them negatively, such as a reduction in hours or outright firing. Fortunately, there are federal and state laws in place to protect workers from retaliation.

Definition of Workplace Retaliation

Employment retaliation occurs after an employee files a formal complaint about the workplace involving discrimination and/or harassment. The employer or company leader then takes negative action against the employee.

April 27, 2022

Were You Wrongfully Terminated or Fired? 4 Questions to Ask:

By Walton Law, A.P.C.

Losing your job never feels good. When you do leave your post, you want to leave on your turns, but that’s not always possible. Whether it’s personality clashes or miscommunications about performance expectations, there are numerous reasons for your boss to let you go. However, because California is an at-will employment state, you don’t have much recourse unless your termination was based on an illegal reason. Then you may be able to sue your employer for damages; this is the difference between a regular firing and a wrongful termination.

Here are 4 questions to ask that can help determine whether you might be a victim of wrongful termination.

Did your employer breach a contract?

April 6, 2022

How Can Social Media Can Get You Fired?

By Walton Law, A.P.C.

https://www.consumerattorneyblog.com/wp-content/uploads/sites/132/2021/03/03.05.21-300x200.jpg

No matter how you feel about social media it is here to stay. Many people turn to social media to communicate with others and to express their thoughts on every facet of their existence, including their professional lives.

For those who wonder whether you can get fired for your social media posts, this issue doesn’t just concern celebrities or those in the news; it has happened to many different people in various industries. The following are some examples of content that has resulted in the poster being fired:

Bankers used social media to pretend to be members of a terrorist group.

March 9, 2022

Can an Employee Be Fired For a DUI?

By Walton Law, A.P.C.

Can an Employee Be Fired For a DUI?

A criminal conviction can have a domino effect on many parts of your life such as moving into specific locations, obtaining loans, securing professional certifications, or seeking employment. Sometimes, people are dismissive of DUIs as compared to other types of crimes. But if it’s a criminal conviction, regardless of the type, it can affect your employment or job-seeking opportunities.

State law varies when it comes to whether it’s illegal for an employer to inquire about an individual’s criminal history until after they provide a job offer. This is based on the rationale that employers should be free to blindly evaluate an applicant without muddying the waters with the knowledge of a conviction. While California does have some protections in place for job applicants and employees when it comes to this issue, not all areas are protected. Read on to learn about how a criminal conviction, (including one for a DUI) impacts employment.

February 9, 2022

Can I Sue for Age Discrimination in California?

By Walton Law, A.P.C.

There’s been an uptick in age discrimination in the U.S. recently, according to the Equal Employment Opportunity Commission (EEOC). Although this is unfortunate for those who experience this in the workplace, there are federal and California state laws in place to help fight discrimination. Read on to learn about how you can sue for age discrimination in California.

What is Age Discrimination?

Employees and jobseekers have protection under the federal Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA). As indicated by the term “age discrimination,” this refers to the mistreatment (based on age) that employers illegally commit against workers or those looking for work. The ADEA protects those that are 40 years of age and older from this; additionally, California’s FEHA also shields those 40 and above.

August 28, 2020

Accommodating At-Risk Employees in California During COVID-19

By Walton Law, A.P.C.

Many California employees are starting to return from furloughs and remote work which was used to comply with state regulations and mitigate risk during the COVID-19 pandemic. This includes may elderly and pregnant workers who are at higher risk for severe complications if they become infected with Coronavirus. Employers are prohibited by the federal Equal Employment Opportunity Commission (EEOC) from keeping these at-risk employees from working if they want to; this may lead to discrimination claims.

Discrimination claims also arise from violations of the Americans with Disabilities Act (ADA), which requires reasonable accommodations for employees with disabilities or who have elevated risk for serious cases of COVID-19. It is important for employees as well as employers to know California’s Department of Fair Employment and Housing (DFEH) mandates that any employer with five or more workers make reasonable accommodations if appropriate; however, many employers and employees alike fail to understand what that means.

EEOC Accommodation Guidance