Category: employment law

I’m sorry to hear about your situation. For most people who suffer a layoff, there are benefits available to help. However, for employees who quit their jobs, typically help is not available. This can lead to employees suffering under terrible working conditions until they cannot tolerate the job anymore and quit.

It is not uncommon for employers who want an employee to quit to purposely make the working environment miserable. They do this in the hopes that the employee will just quit, and they then do not have to pay unemployment compensation, a severance package, or other benefits. The employer also may not legally be able to fire the employee. The employee could have an employment contract that prohibits the employer from terminating him or her.

When an employer makes a job so miserable that the employee basically has few choices but to quit, the employee may be able to show that a “constructive discharge” occurred. Under California law, a constructive discharge occurs when an employee proves that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated that a reasonable employer would realize that a reasonable person in the employee’s position would be compelled to resign. In order to show that a constructive discharge has occurred, an employee has to prove that the working environment was intolerable – not simply that insignificant grievances existed or that there were small changes in the job duties. Some examples of behavior that would probably constitute a constructive discharge by an employee include humiliating behavior, emotional or physical intimidation, or another type of harassment.

If an employee can show that he or she was constructively discharged, the employee may be entitled to compensation for lost wages, lost benefits, as well as emotional pain and suffering. If you believe you have been constructively discharged in the Los Angeles area, call Los Angeles employment law attorney at 310-385-0567. He can help. Call today to learn more or to schedule your free consultation.

Yes, it does matter legally whether you are an independent contractor or an employee. It’s generally more advantageous for an employer to hire an independent contractor versus an employee. Independent contractors are not subject to many of the rules that employees are subject to.

It often can be difficult to tell whether a worker is an independent contractor or an employer. The IRS as well as case law have set forth tests to determine whether a worker is an independent contractor or an employee. Generally, the more control the employer has over the worker, the more likely it is that the worker is an employee. If the worker receives a steady paycheck, adheres to a schedule set by the employer, has permanent work, and depends on the employer for a large portion of the salary, the person is more likely to be an employee. If the worker has an irregular schedule, receives pay only for hours worked, supplies his or her own tools and equipment, and works on a temporary basis, the worker is more likely to be an independent contractor.

One of the most important reasons to determine whether a worker is an independent contractor or an employee is for tax purposes. An employee’s tax liability and an employer’s tax liability are determined by the worker’s employment status. If a worker is an employee, the employer must pay social security tax, federal and state unemployment tax, as well as workers’ compensation premiums in the event the worker gets injured. If a worker is an independent contractor, he or she is responsible for those taxes. There are a number of other differences as well, including time off, health insurance, overtime pay, unemployment compensation, and more.

If you believe that your employer improperly labeled you as an independent contractor when you are actually an employee, you should speak to an attorney. Call me, Conal Doyle, Los Angeles employment law attorney at 310-385-0567. My team can help. Call today to learn more about your legal rights or to schedule a free consultation.

It depends. Your employer may have violated both federal and California law by refusing to let you take time off. The federal law that allows employers to take time off work is the Family and Medical Leave Act (FMLA) and the California law is the California Family Rights Act (CFRA).

Under both laws, eligible employees can take up to 12 weeks of paid or unpaid leave during a 12-month period. The reasons they can take time off include the birth or adoption or foster care placement of a child, if the employee is unable to return to work because of a serious health condition, or to care for an immediate family member with a serious health condition. An employee must have worked for the employer for at least 12 months, and must have worked 1,250 hours during the previous 12-month period. In addition, the employer must have a minimum of 50 employees to be subject to the laws.

Upon returning to work after FMLA or CFRA leave, the employee must be returned to the same position with the company, or an equivalent position with equivalent pay, benefits, and terms of employment. The employee must also retain benefits during the medical leave, although the employee can be required to pay for those benefits. The employee does not have to be paid for the time off work.

Unfortunately, many employers do not take their obligations to provide leave seriously. They may find an excuse to terminate an employee who they suspect may need time off before the time is needed. They may also refuse to allow the employee to take the necessary time off.

If you are in the Los Angeles area and your employer has refused to let you take the necessary time off work to care for yourself or a family member, or if your employer has fired you and you believe the firing was in connection with your leave from work, it’s time to talk to an attorney about your legal rights. Call me, Conal Doyle, Los Angeles employment law attorney, at 310-385-0567. My firm can help. Call today to learn more or to schedule a free consultation on your case.

Being fired can be very traumatic for an employee. In many cases, the job loss occurs with little or no warning, leaving the individual struggling to find a new source of income. There are often a number of issues to consider, such as finding a new job, finding health insurance, and receiving a good recommendation from your company.

One issue you may not consider immediately is your vacation pay. Under federal law and California law, companies are not required to provide vacation pay. If the company does provide you with time off, it is not legally required to pay you for those vacation days. However, many companies do offer paid vacation days to their employees. Employees may receive a specific number of days or hours of paid time off. Under state law, if an employer offers to pay for vacation time, and then fails to pay it, the company is breaking the law.

If you are fired or laid off from a job in California, or you choose to leave, it’s critical that you be fairly compensated for your time, which includes vacation benefits that you have accrued but have not been paid for. Legally, vacation benefits are considered a part of your pay, and your employer is not allowed to refuse to pay it or to take it away from you.

If you have lost your job, or left your job voluntarily, and your company is refusing to pay you for your accrued vacation time, it may be time to speak with an attorney. Call Conal Doyle, Los Angeles employment law attorney, at 310-385-0567. He can help. Call today to learn more or to schedule a free consultation on your case.

I’m sorry to hear that you feel uncomfortable at work because of the Confederate flag. As you probably know, racial discrimination and harassment in the workplace are illegal under both federal and state law. If your boss or anyone else at work discriminates against you or harasses you because of your race, that conduct is illegal and you can pursue damages.

However, it’s unclear whether or not simply displaying a Confederate flag, by itself, would be considered discrimination or harassment. Several courts have weighed in on the issue, and most of them have found that displaying a Confederate flag, when taken alone, is not harassment or discrimination.

If your boss displays a Confederate flag in the workplace, he or she may have taken other actions that, when combined with the Confederate flag, could be considered discrimination or harassment. Normally, in order to be illegal, the harassment must rise to such a level that they create a hostile work environment. Displaying a flag, making offhand comments or simple teasing probably do not create a hostile environment, while making racist and offensive comments regularly would create a hostile work environment.

If possible, you should consider talking your concerns over with your boss. He or she may not be aware that the flag makes you feel uncomfortable, and it could be taken down and the issue over. If it persists, or if additional behavior occurs, you should consider talking to an attorney. An attorney can help you pursue damages and/or can help make the behavior stop.

If you are in the Los Angeles area, call me, Conal Doyle, Los Angeles employment law attorney at 310-385-0567. I have experience in helping employees who have been discriminated against or harassed pursue a claim against their employers. Call today to learn more or to schedule a free consultation.

You may be able to sue, depending on the circumstances. Many people who have been fired or laid off believe that they were illegally terminated. They believe that their employer is required to have a good reason to fire them. However, in California employees can fire employees for any reason or no reason at all, unless there are special circumstances at play or the reason for firing is illegal.

Even though employers can fire employees for almost any reason in California, employees do have legal rights. An employer cannot fire an employee for an illegal reason, such as age, race, religion, sex, sexual orientation, disability, or similar reasons. If the employee is subject to an employment contract that provides there must be good cause for firing the employee, he or she cannot be fired without a good reason. If an employee is a member of a union or a government worker, that employee may have extra protections in place. Some common examples of illegal termination include firing older workers because of their ages, firing a pregnant employee because of her pregnancy, or firing an employee because of his or her disability.

If your employer did illegally fire you, the employer may have broken other laws of which you may not be aware. You may not have been properly compensated for overtime, sick leave, or unpaid vacation. Your employer may also be pressuring you to sign a severance agreement. Although it can be very tempting to sign one, since normally there is an amount of salary included, if you do so you are waiving your legal right to sue your employer.

If you believe that you have been wrongfully terminated, do not sign anything without speaking to an attorney. If you are in the Los Angeles area, call me, Conal Doyle, Los Angeles employment law attorney at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation

I’m sorry to hear about your situation. Age discrimination is illegal under both federal law and California law. In order to prove an age discrimination claim, a plaintiff must be able to prove several things occurred. First, the plaintiff must be over 40 and must have been discriminated against in firing, hiring, or promotion because of his or her age. The employee must be able to prove he or she was negatively impacted because of the discrimination. The employee must also be able to prove that younger employees were treated more favorably.

Age discrimination laws do not protect individuals under the age of 40. Therefore, a person cannot be fired because he or she was too young. Also, in some cases age discrimination or forced retirement are legal. Unfortunately, age discrimination can be very hard to prove. Just because a worker is over the age of 40 and was fired does not mean the two are related. Even if a younger worker was hired as a replacement, that still does not prove age discrimination occurred. The employee may not have been a good worker, the position may have changed, or the younger worker may be more talented and qualified.

Normally, in order to prove age discrimination occurred, either the conduct must be blatantly obvious, or the company must have a widespread policy of discrimination. In addition to age discrimination being illegal, harassment based on age is also illegal. Although simple teasing or offhand comments are not illegal under law, if the conduct is widespread and creates a hostile work environment, the employer can be held liable.

If you have been discriminated against based on your age, call me, Conal Doyle, Los Angeles age discrimination attorney at 310-385-0567. I can help. You may be entitled to lost wages, lost benefits, and compensation for emotional damages. Call today to learn more or to schedule a free consultation.