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Most employees in California are considered "at-will," meaning an employer can terminate their employment at any time and for any reason. Despite an employee's at-will status, California law allows an employee to bring a wrongful termination claim when...
"Wages" are what an employer has promised to pay for an employee’s work. Wages could be an hourly rate, a yearly salary, commissions, travel time, housing, uniforms, vacation or sick pay. Discretionary bonuses or profit-sharing plans based on an employer’s profits are generally not considered wages.
It is unlawful sexual orientation discrimination when an employer terminates, demotes or fails to hire a person on the basis of that person’s sexual orientation. Sexual orientation includes heterosexuality, homosexuality and bisexuality, as well as gender identity and expression.
There are two types of sexual harassment under the law. 1. Hostile work environment harassment - This type of harassment occurs in situations were there is unwelcome sexual conduct that creates and intimidating, hostile or offensive working environment. 2. “Quid pro quo” harassment - This type of harassment occurs when a job or a job benefit is conditioned upon sexual favors. In the typical case, an employee is promised better treatment, such as a promotion, transfer, raise or favorable recommendation, if the employee submits to sexual advances. It could also occur when a supervisor threatens an employee with termination, demotion or loss of other job-related benefits if the employee does not agree to sexual favors.
If you are laid off or terminated from your job, your employer may offer to pay you money or promise to do certain things when you leave the company. In exchange, you will most likely have to sign a document agreeing not to ever bring a claim against your employer in the future. That document is called a "severance agreement."
More than likely, a retaliation claim will be proved through circumstantial evidence, which may include...
In California, it is unlawful for an employer to terminate, demote or refuse to hire any person on the basis of that person’s religion or is because that person is associated with someone i.e. spouse or family member who is a member of a particular religion - to do so is religious discrimination.
Race discrimination occurs when an employer treats an employee differently on the basis of the employee's race or the employee's association with a person of a particular race, i.e. the employee's spouse.
Medical condition discrimination occurs when an employer treats an employee with a covered medical condition differently in the workplace, or when an employer terminates an employee on account of their medical condition. Covered medical conditions include cancer, history of cancer, medical conditions related to cancer and genetic characteristics.
Whether you are entitled to meal and rest breaks depends on whether you are an "exempt" or a "nonexempt" employee. Only nonexempt employees are entitled to meal and rest breaks. Typically, if you are paid a hourly wage or have no managerial responsibilities, you are a nonexempt employee and therefore entitled to meal and rest breaks.