Posted by Brian Vogel | Feb 27, 2018 |
One of the least well-known rights that California employees have is the right to paid sick leave. Most people know that state and federal law says that most employees have a right to medical leave, meaning they cannot be fired for having to take a break from work to deal with personal or family ...
Posted by Brian Vogel | Feb 21, 2018 |
One of the founding principles of America is religious freedom. Two related but distinct aspects of our First Amendment – the Establishment Clause and the Free Exercise Clause – guarantee these freedoms from different perspectives: the freedom to not have our government endorse or mandate a speci...
Posted by Brian Vogel | Dec 11, 2017 |
While we often hear about sexual harassment and employment discrimination in the news as the more hot-button ways employers get in trouble for violating their employees; rights, one of the more common, often unnoticed, and devious ways employers illegally profit off the backs of their employees i...
Posted by Brian Vogel | Dec 04, 2017 |
The names in the news keep adding up with seemingly every passing day – Harvey Weinstein, Matt Lauer, Charlie Rose, Mark Halperin, and a host of other media and political names with multiple accusations of sexual harassment and other illegal acts both in the workplace and outside of it. Many of t...
Posted by Brian Vogel | Oct 16, 2017 |
California workers enjoy some of the greatest employee protections in the country with regard to leave in time of family medical emergency, sickness, and childbirth. The Family Medical Leave Act (FMLA), which has been federal law since 1993, and the California Family Rights Act (CFRA) both prote...
Posted by Brian Vogel | Oct 10, 2017 |
There have been significant strides over the past few decades forward for people living with HIV in the U.S., from a decrease in social stigma to great achievements in medicine making it more and more possible for those with HIV to live long, healthy, and productive lives. Sadly, those with HIV s...
Posted by Brian Vogel | Oct 02, 2017 |
Regardless of whether you love your work or it's “just a job,” harassment in the workplace can make you feel deeply uncomfortable, threatened, miserable, and even unsafe. But depending upon the nature and the source of the harassment, you may be able to bring a legal action against the harasser a...
Posted by Brian Vogel | Oct 02, 2017 |
Unless you're a lawyer and/or love a good fight in public, you probably don't relish the thought of stepping into a courtroom to square off against a former employer, even if you know you are in the right. Many good employees are financially and emotionally victimized by employers and supervisors...
Posted by Brian Vogel | Oct 02, 2017 |
California employees are protected by state and federal law from wrongful termination, even if they are “at will” employees without an employment contract. Of course, not every firing of an employee is illegal, and employers have the freedom to terminate employees for legitimate issues such as wo...
Posted by Brian Vogel | Mar 22, 2016 |
Women in the workplace are slowly pushing through the glass ceiling because of activists who paved the way. The Pregnancy Discrimination Act passed in 1978; since then, courts have looked to protect pregnant women's interests in the workforce.
Maternity Discrimination in the Workplace
Consider th...
Posted by Brian Vogel | Mar 14, 2016 |
Popular Hollywood movies often highlight the issues we face in our culture – the ones that we all recognize at least subconsciously but which we ignore or repress. The harassment people face in the workplace is one of the challenges cinema effectively explores. Employees often feel trapped becaus...
Posted by Brian Vogel | Mar 01, 2016 |
If you're waiting to receive severance pay, you likely heard one of the following reasons for why your old company let you go:
The business is going through a restructuring, and your position didn't make the cut.
The company is being acquired by someone else, making your position redundant.
...
Posted by Brian Vogel | Feb 23, 2016 |
Federal and California state laws establish protections to shield workers from unfair practices. These employment laws save workers from opportunistic employers each year by preventing discrimination and retaliation and compelling employers to accommodate those with disabilities, among other thin...
Posted by Brian Vogel | Feb 16, 2016 |
In 1978, Congress passed groundbreaking legislation in the form of the Pregnancy Discrimination Act. Designed to protect child-bearing women from losing their jobs, its explicit purpose was to prevent discrimination against pregnant women in the hiring and employee retention process. However, dec...
Posted by Brian Vogel | Feb 08, 2016 |
Family and Medical Leave laws in California protect employees when they need to take time off by helping individuals pay bills with income replacement and providing job security during difficult times. When you understand your rights, you can prepare your finances and address inadequacies if you ...
Posted by Brian Vogel | Feb 01, 2016 |
An employer can terminate employees for a legitimate reason or for no reason. He or she cannot, however, treat you unfairly. An employer who fires someone for an unethical reason, such as harassment, may face legal action in the form of a wrongful termination lawsuit.
Terminated employees can fil...
Posted by Brian Vogel | Jan 25, 2016 |
Many high level executives successfully negotiate exceptional severance packages after their terminations. However, agreeing to certain severance pay deals usually comes at a price – and if you are not informed, you may make a mistake. Former employees may want an experienced employment attorney ...
Posted by Brian Vogel | Jan 18, 2016 |
Many former employees have misconceptions regarding severance pay. Some employees may not receive any type of severance, some may have clear terms written into a contract, and some may only receive a small amount per state requirements. You can make informed choices during the review process and ...
Posted by Brian Vogel | Jan 11, 2016 |
Approved in 1993, the Family and Medical Leave Act (FMLA) allows employees to take a maximum of 12 weeks of job-protected, unpaid leave over a twelve-month period for certain family and medical reasons. The FMLA prohibits employers from denying or otherwise interfering with the rights granted by ...
Posted by Brian Vogel | Jan 06, 2016 |
A 2014 survey and report by Restaurant Opportunities Center United (ROC United) and Forward Together found that 66 percent of female restaurant employees and over half of male restaurant employees experienced sexual harassment at some point from a superior in the workplace. The survey examined 68...
Posted by Brian Vogel | Dec 28, 2015 |
Whether your company fired you suspiciously soon after you complained about discrimination or harassment at the office, or you have evidence to suggest that you lost your job because your boss thought you were “too old,” you face serious challenges proving your wrongful termination charges. These...
Posted by Brian Vogel | Dec 22, 2015 |
A wrongful termination claim involves allegations that an employer fired a worker for reasons that violate the employment agreement and/or the law. Employees who have been wrongfully terminated may be legally entitled to benefits. For instance, your employment can be restored, and you may be enti...