Different companies and employers have a very different approach to handling disciplinary actions against their employees. While some company simple don’t have any formal policy regarding write ups, warnings and other disciplinary actions against employees, other employer have a clear policy of progressive discipline that generally shall be followed by…
The California Fair Employment and Housing Act requires employers to make reasonable accommodation for the known disabilities of applicants and employees to enable them to perform a position’s essential functions, unless doing so would produce under hardship on the employer. “Reasonable accommodation” means that employers have an affirmative duty to…
Physical violence at workplace is more common than we would like to believe. Recently, a client approached me describing the outrageous conduct of his former employer – while being notified of his termination, his employer, during a mild verbal confrontation violently pushed him against a furniture store in his office,…
An issue often arises in connection with the off-duty conduct of employees of whether an employee can be disciplined or even discharged by his employer based on such off-duty conduct. This answer to this question will often depend on the facts surrounding the employee’s conduct. Where the conduct is offensive…
Many employees who request leave under FMLA (Family Medical Leave Act) for one of the approved medical conditions are concerned about their ability to work at a different job, possibly part time, while being on FMLA leave. The are some good news for employees on FMLA. The California Supreme Court…
Generally, it is always a good idea to memorialize the terms of any agreement, including employment contracts, in writing. This helps avoid confusion, misunderstanding, lack of clarity in terms, and it also allows to not rely on their memory as to what they agreed on. However, it is well established…
As one California court recently pointed out in Kelly v. Stamps.com Inc. (2005), downsizing alone is not necessarily a sufficient explanation, under the Fair Employment and Housing Act, for the consequent dismissal of a worker. An employer’s freedom to reduce its workforce and to eliminate positions in the process, does…
Under Federal Law Federal law exempts certain employees from both minimum wage and overtime pay requirements. These exemptions include: * Workers employed in a bona fide executive, administrative or professional capacity; * A list of certain other employees, including outside salespersons, amusement park/recreational employees, agricultural employees, newspaper business employees, switchboard…
I get calls from many workers in the San Francisco Bay Area who turn toCalifornia Department of Fair Employment and Housing for help, filing a complaint against their employer with one or both of those agencies for harassment, discrimination and/or wrongful termination. There is a tendency among workers to expect…
Once your local Employment Development Department (EDD) denies your unemployment benefits, you have an opportunity to appeal that decision in front of the Administrative Judge of the Board of Appeal. At that hearing, you will have the opportunity to explain to the judge why you should be entitled to unemployment…