The distinction between an internship and employee / employer relationship has been subject to much debate and litigation all over the country during the past few years. However, in California the existing law states that a worker can be classified as an intern (and not be paid) only if all…
In addition to California law, San Francisco sick leave law applies to all employees who are employed within the geographic boundaries of the City and County of San Francisco by an employer. Every employee, whether exempt or non-exempt, full time or part time, permanent or temporary, who is employed in…
One of the more painful things that happen to employees of start-ups in San Francisco and the rest of Silicon Valley is being laid off shortly before or right before they become eligible for a stock or right before an important vesting deadline. Sometimes, employers terminate an employee specifically for…
One common question employees ask is whether they can be fired while on disability leave and whether that would be legal. The reality is that an employer can choose to fire you at any time for any reason, and nothing can physically stop them from firing you or force them…
Many employees (and employers) misunderstand what FMLA protection means. They assume that this protection provides them with a certain immunity from being terminated – i.e. that they cannot be terminated while on FMLA leave no matter what. This is not entirely correct for at least two main reasons: First, an employee…
The following is is a list of things that employers often do, which might seem unfair or hurtful, but generally not illegal (in the absence of specific evidence of discrimination or unlawful retaliation) in an at-will employment setting: (1) Issuing unfair performance reviews or warnings An employer is entitled to…
Employers in the San Francisco area routinely offer severance package to the employee they lay off or fire or even to those employees who choose to resign. This severance may include monetary compensation, additional stock options, continued health insurance coverage and other possible benefits. The amount of severance can be…
Having been working with hundreds of employees on dealing with their workplace issues in San Francisco and Sacramento area over the past ten years, I see the same five common misconceptions about California employment law that many employees have, and their repeat themselves over and over: 1. I can sue…
Here are five very common misconceptions that many employees have about California employment law, including discrimination, retaliation, and wrongful termination laws: “If I file EEOC of DFEH charge, my employer cannot terminate me.” – This is not correct. Your filing of a charge with one of the agencies might or…