Bay Area Employment Law Blog
Understanding constructive dismissal
Many people assume that wrongful termination cases only apply when they are directly terminated from their job. As a result, when their working conditions deteriorate so significantly that they resign, they fail to consider the potential for wrongful termination....
Can your employer deny a promotion because you are pregnant?
When an employee makes an attempt at a higher position within the company for which they are clearly a perfect fit, it can be suspicious when their request for a promotion meets with blatant denial. This scenario is an unfortunately common occurrence when it comes to...
3 common signs of wrongful termination
There are certain circumstances under which an employer cannot legally fire you. If you were recently let go from your job in the Bay Area, you may wonder if your termination was lawful. Here are three common red flags of wrongful termination to help you make sense of...
Who does the FMLA cover?
FMLA leave enables employees to care for their needs and those of their families without the risk of losing employment. However, the FMLA does not apply to all workplaces and employees. Workers in California should understand who is eligible for FMLA leave and which...
3 reasons your employer might exhibit retaliatory discrimination
Retaliation in the workplace brings to mind images of an employer firing an individual for blowing the whistle on unacceptable behavior. Such retaliation is blatantly and irrefutably illegal, so some employers might attempt to retaliate through more subtle...
Do I have rights as a part-time employee?
If you work a job in the San Franciso Bay Area, you may be wondering if you fall under the part-time employee category and, if so, what your rights are. Knowing your rights can help you safeguard yourself from unfair employment practices. Am I considered a part-time...
What gives an employee exempt status in California?
In California, your job falls into one of two broad categories: exempt and non-exempt. Your exemption status is a deciding factor for things such as overtime, paid time off, breaks and other labor laws. To be an exempt employee in the state of California, you must...
Can remote workers still face discrimination?
Thanks to advances in technology, more employees than ever are completing their workday from a remote location. This has many benefits, such as avoiding a costly and stressful commute. However, some things, such as interpersonal conflicts with coworkers, still occur...
3 common signs of pregnancy workplace discrimination
If you are expecting a baby, you may feel excited about your new child but nervous about how your employer and coworkers will react. Pregnancy discrimination is common and is also illegal under the Pregnancy Discrimination Act. Under this act, according to the U.S....
I earned sales commissions – Why will my employer not pay?
Many companies offer incentives to sales representatives in the form of commissions. If you are a hard-working sales representative whose paycheck does not reflect your statistics, you may wonder if your employer is taking advantage of you. As a commissioned employee,...