Category: employment law

If you have ever started a new job in Los Angeles, you may have been asked to sign an employment agreement. You may have signed the agreement without closely analyzing its terms out of excitement about the job or out of fear that the job offer will be retracted if you don’t sign it. However, it’s important that any employee always carefully read an employment agreement before beginning work in order to minimize issues that could arise later.

One of the most standard employment agreements that employees are asked to sign is a non-compete agreement. Non-compete agreements require employees to not become employed by a rival company for a set amount of time after the employee’s job ends. They also often provide that the employee cannot set up a competing business. Non-competes are normally limited to a certain geographic area and a certain period of time. They are often not enforceable in California.

Employment contracts may also contain termination clauses, which provide under what conditions an employee can be fired. It may list the amount of notice an employer is required to give an employee. Confidentiality clauses are also standard clauses in employment contracts. They require that employees not share information about the employer’s business. They often last even after the employee stops working in the position, and allow the company to sue the employee if the employee shares secrets in violation of the contract.

If you have an employment contract in place and you believe it has been violated, you should consult with an employment attorney. If you’re in Los Angeles, call me, Conal Doyle, Los Angeles employment attorney at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation.

It’s not unusual for people who have been laid off or fired to believe that the termination occurred illegally. Many people believe that an employer is required to have a legitimate reason to terminate the employment. While in some states that is true, in California, employers can fire employees for any reason or for no reason at all. California is called an “at-will” state.

However, even in at-will states, there are some limitations on what an employer can do. An employer cannot fire an employee if the termination is based on illegal discrimination. An employer also cannot fire an employee in retaliation for the employee exercising his or her legal rights. If the employee is a member of a union, there may be additional protections in place. If there is an employment contract in place, the contract my give the employee additional protections under law. Finally, if the employee is an employee of the government, there may be extra protections that aren’t available to employees in the private sector.

Some examples of illegal termination include firing a woman because she becomes pregnant, firing an employee who made a complaint about the employer’s illegal behavior, firing older employees before younger employees, firing an employee who refused to prepare incorrect tax returns for the employer, or firing an employee who is protected by a union. The employers may claim that the termination occurred for a different reason.

Independent contractors do not have the same rights as employees. An employer can stop using the services of an independent contractor at any time for any reason. However, it’s common for employers to incorrectly classify some workers as independent contractors when they are actually employees. If you believe that you are an employee but you were told you were an independent contractor, you should speak with an employment attorney.

If you believe you were illegally fired in Los Angeles, you should speak with an attorney. Call me, Conal Doyle, Los Angeles employment attorney, at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation.

Employees are entitled to certain rights under both federal and state law, including the right to not be harassed or discriminated against in the workplace because of age, sex, race, religion, disability, national origin, and other factors. Employees also have the right to minimum wage, to overtime in some cases, to unpaid time off in certain circumstances, and other rights.

When an employee is denied those rights, often the employee will contact an attorney or will choose to file a legal complaint with a state or federal agency. Employers are not pleased when they receive calls from employment attorneys or become the subjects of state or federal investigations. In some cases, the employer may decide to retaliate against the employee for those actions. This may include firing the employee, demoting the employee, or taking other negative actions against the employee.

Legally, retaliation occurs if an employer punishes an employee for engaging in a protected activity. Employers cannot legally punish employees for making complaints about discrimination or harassment. Employers also cannot retaliate if employees participate in workplace investigations or call an attorney to protect their legal rights.

Unfortunately, it can be difficult to prove that an employer is retaliating against you. You must look at all the surrounding facts of the situation in order to determine if illegal retaliation occurred. If an employer’s actions would prevent a reasonable person in a similar situation from making a complaint, those actions can be considered illegal retaliation.

If you believe that your employer has illegally retaliated against you in Los Angeles, you should speak with a Los Angeles employment law attorney. Call me, Conal Doyle, at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation on your case.

No, being discriminated against in the workplace because you are not from the U.S. is not legal. That is a type of national origin discrimination, which is illegal under state and federal law. You should speak with an attorney to learn more about your legal options.

Under state and federal law, it is illegal for an employer or someone else in the workplace to harass or take any negative actions against an employee because of that individual’s national origin. National origin includes a person’s birthplace, linguistic or cultural characteristics, or ancestry. Anyone who believes he or she has been discriminated against at work because of national origin can sue for discrimination under state or federal law.

Employers are forbidden from making decisions on who to fire, hire, promote, or give raises or benefits to based on national origin. In addition, employees cannot be harassed based on national origin. Harassment includes offensive jokes, slurs, stereotypes, or other comments. The harassment must be so frequent and serious that if affects the conditions of employment, and doesn’t include simple teasing or an offhand comment.

If you believe that you are the victim of national origin discrimination in Los Angeles, you should speak with an attorney. Call me, Conal Doyle, Los Angeles employment attorney, at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.

I’m very sorry to hear about the sexual harassment going on in your workplace. Everyone has the right to work without being sexually harassed. If you are the victim of sexual harassment, you should seek the advice of a Los Angeles employment law attorney. An attorney can help you both report the incident as well as to represent you in any legal proceedings that occur as a result of the sexual harassment.

Unfortunately, sexual harassment in the workplace is not uncommon. Sexual harassment can take a variety of forms. It can include requests for sexual favors, sexual advances that are unwanted, and other types of verbal or physical conduct of a sexual nature. These types of actions can be considered sexual harassment if they create a hostile work environment, affect an employee’s performance, or affect an employee’s employment opportunities.

There are a lot of common stereotypes and misperceptions about sexual harassment. The first is that the victim is always female and the perpetrator is always male. Victims can be of either gender or the same gender. Another stereotype is that the perpetrator is always a person in a position of power over the victim. However, the harasser does not have to be the victim’s boss- the harasser can be a boss, a co-worker, or even a non-employee.

If you are the victim of sexual harassment in Los Angeles, you should speak with an attorney. Call me, Conal Doyle, Los Angeles sexual harassment attorney at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation on your case.

I’m sorry to hear that you were fired. Pregnancy can be a stressful time for some women, and when you combine that with the loss of a job the situation can be even more difficult. However, you may have some legal options that can help.

Under both federal and state law, women have certain legal rights because of pregnancy. The federal law that gives pregnant women protections is Title VII of the Civil Rights Act of 1964 and the Family and Medical Leave Act, and the California law is the Fair Employment and Housing Act.

Those laws provide that an employer cannot harass a female employee on the basis of pregnancy. In addition, an employer cannot refuse to hire, demote, or fire a woman because she is, or is planning to become, pregnant. Some employers are afraid to employ pregnant women, worrying that they may need large amounts of time off for doctors’ appointments and maternity leave. They may also fear that the woman may quit after the baby is born.

Women are also required to be offered maternity leave. The rules vary between federal and state law and depend on the size of the employer. During maternity leave, employers are required to continue employment benefits, such as health insurance. Once the employee returns to work, the employee must return to the original job or to an equivalent job.

If you believe that you have been fired because of your pregnancy, time is limited in which to file a claim. You should speak with an attorney immediately. Call me, Los Angeles employment law attorney Conal Doyle at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation on your case.

I’m sorry to hear about your miserable job. Many people suffer for months or even years in intolerable working conditions because they are unable to find another job. If they lose their jobs because of a layoff, normally there are benefits available such as a severance package or unemployment compensation, but if they quit help is normally not available.

In some situations, an employer will intentionally make the working environment miserable for an employee in the hopes that they will quit. An employer may want the employer gone, but may not feel comfortable laying off or firing the employee. The employer may not want the employee to get unemployment compensation, or the employee may be under a contract that prevents him or her from being fired. The employer may make the job so intolerable that the employee chooses to quit.

If that occurs, a “constructive discharge” may have occurred. By law, a constructive discharge occurs when an employer either intentionally created or knowingly allowed working conditions that were so intolerable that a reasonable employer would realize that the employee would be compelled to resign. If an employee can prove that a constructive discharge occurred, the employer may be liable for back pay and benefits, as well as other damages.

Constructive discharge can be difficult to prove. Many working environments are not pleasant, and it’s often not because of a constructive discharge. If you believe that you have been constructively discharged, you should speak with an employment law attorney. If you are in the L.A. area, call me, Conal Doyle, Los Angeles employment discrimination attorney at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation on your case.

There are a lot of employees in California who are uncertain about whether or not they are legally entitled to sick leave, and what their options are if they are supposed to be given leave but don’t use it, or if they fail to use it while they are employer. Under California law, all employers with fewer than 50 employees are not legally required to provide workers with any sick leave, either paid or unpaid.

However, some cities in California have other rules regarding sick leave, so check the rules for the city in which your employer is located. Businesses that have 50 or more employees must give their employees the right to unpaid sick leave. This includes leave because of a serious health condition of the employer or leave that is to care for an ill spouse, child, parent, partner, or child of a partner.

The laws that require unpaid sick leave are the federal Family and Medical Leave Act and the California Family Rights Act. Under both laws, eligible employees can take up to 12 weeks of leave in a 12-month period. That leave does not have to be paid, but employers must keep the employee’s job open for him or her. In addition, California businesses that have five or more people on the payroll must provide their employees with unpaid leave for pregnancy and newborn care.

Many employers choose to provide paid sick leave. If an employer does so, the worker has a right to use it as long as he or she follows company policies regarding the sick time. Many employers have a policy that employees must use their sick time or lose it.

If an employer fails to follow the law regarding sick leave, an employee can choose to enforce his or her legal rights. If you are in Los Angeles and you believe your boss has been violating the laws regarding sick leave, call me, Conal Doyle, Los Angeles employment rights attorney at 310-385-0567. I can help. Call today to learn more or to schedule your free consultation.

This is a very common situation. A company may hire a worker to do some work for the company. The worker may be under the impression that he or she is an employee and that the company is withholding taxes. When it’s tax time, the worker may discover that he or she has been classified as an independent contractor, nothing has been withheld, and the worker owes a significant amount of money.

When you get hired at a job, you may not care what your employment status is. However, you should care, because whether or not you are classified as an independent contractor or an employee makes a big difference in a lot of aspects of the job, not only taxes.

Legally, an independent contractor is a worker who is not considered an employee. Because the worker is not an employee, he or she is not subject to many of the rules to which employees are subject. It may be difficult in some cases to determine whether a worker is an independent contractor or an employee.

There are some tests that the IRS, statutes, and court cases use to determine whether a worker is an independent contractor or an employee. Those tests include whether a worker gets a steady paycheck or is paid for the hours worked only, who sets the work schedule (the employer or the worker), who provides the tools and equipment for the job, whether the work is temporary or permanent, and who controls how the work is done, among other factors. Basically, the more control the employer has over the work and how it is done, the more likely the worker is to be an employee rather than an independent contractor.

Besides taxes, there are other reasons why the worker’s employment classification is important. Employees may get unemployment compensation if they are laid off while independent contractors do not. Employees may be entitled to benefits and independent contractors are not. Independent contractors are not entitled to overtime or workers’ compensation.

Employers often wish to classify workers as independent contractors instead of employees. However, this is illegal if a worker is actually an employee. If you believe your employer mischaracterized you as an independent contractor instead of an employee, call Los Angeles employment law attorney Conal Doyle at 310-385-0567. He can help. Call today to learn more or to schedule a free consultation on your case.

Whether or not your coworkers can legally make fun of your accent depends on the circumstances. Under federal and state law, discriminating against or harassing someone in the workplace based on his or her ethnicity is illegal. If your coworkers are making fun of you because of your ethnicity, that is illegal, and you may have certain legal rights against your employer.

Under Title VII of the Civil Rights Act of 1964, discrimination in employment based on religion, national origin, race, and color, among other traits, is illegal. This generally includes ethnicity. Ethnicity refers to a certain group of people that have racial, linguistic, religious, and other traits in common. Unfortunately, some people have negative feelings or stereotypes about members of some ethnic groups. If a person discriminates against a member of a particular ethnicity in the workplace, that person is violating both federal law as well as California law.

Therefore, if your coworkers are making fun of your accent because of your ethnicity, that could be considered illegal behavior and you may be able to take actions against your company. However, in order to be actionable, normally the behavior must rise to the level of creating a hostile work environment. Simple teasing or the occasional offhand comment normally would not be considered illegal behavior.

If you feel that you are the victim of harassment at work based on your ethnicity, you should speak to your employer. If nothing changes, you may wish to call an attorney. Call me, Conal Doyle, Los Angeles employment attorney, at 310-385-0567. Call today to learn or to schedule a free consultation.