California’s constructive discharge (also known as constructive termination or constructive dismissal) occurs when a California employer, for unlawful reasons, knowingly creates harsh, intolerable working conditions for an employee. Unfortunately, too many California employees find themselves in the difficult position of wanting to resign their jobs because conditions at work have become unbearable. This leaves the... Read...
Can independent contractors sue for wrongful termination in California? In some ways, yes. But your lawsuit against someone you work for as an independent contractor will likely look very different from a lawsuit an employee can initiate against their employer. State and federal labor laws give employees several rights against wrongful termination, but independent contractors’ rights come... Read...
Wondering Whether You May Have a Valid Wrongful Termination Claim in California? You’re in the Right Place. Every day employees get fired by their employers. Sometimes it is for poor work ethic, lack of skill, or some other reason. In California, firing an employee is legal for the most part. As an “at-will” state, both... Read...
What Does “At-Will” Employment Mean in California? According to California law, “at-will” employment in the state of California defines a working relationship with an employee that can be terminated for any reason by their employer. This can happen without any type of warning from the employer in the state of California. An employee under the... Read...
Despite the many laws and regulations that are in place to prevent wrongful practices in the workplace, things like discrimination, sexual harassment, and retaliation occur on a daily basis. Unfortunately, because these wrongs are often slight, they are hardly ever noticed by anyone but the victim, and the offender is rarely held accountable. At Workplace... Read...
California and federal law give employees substantial rights, and you can report your employer if they violate one of them. For example, an employer cannot discriminate on the basis of a protected characteristic or require you to break the law. If you report this illegal activity, then your employer might retaliate against you. Sometimes, it... Read...
The Key Elements of a Workplace Retaliation Claim Have you recently lost your job due to suspicious circumstances—suspicious meaning that you recently complained to HR about a frisky higher-up, or an investigation was recently opened because you engaged in whistleblowing activity, or you demanded higher pay because your male counterpart, of the same skill level... Read...
What California Employees Need to Know About Workplace Retaliation Many California workers experience negative retaliatory treatment in the workplace. California has laws preventing retaliation against employees, but many are still demoted or fired anyway for participating in legal acts. Your first step is speaking with an employment law attorney to confirm if your employer’s actions... Read...