Learn more about your type of Case
This page provides information and guidance on a variety of legal issues related to employment rights, discrimination, harassment, retaliation, termination, wage and hour laws, whistle-blower protections, personal injury claims. Explore the following topics to better understand your rights and available resources.
Should I use AI to determine my employment law rights?
One thing people don’t realize is that AI is open. It’s as if you’re walking down the street publicly saying something.
What I mean is that you don’t have an expectation of privacy when you ask Claude, ChatGPT, OpenAI, or any other system, “Was I wrongfully terminated?” or “Do I have any recourse concerning this write-up?”
When the system starts providing answers and you continue giving it information, it may ask you for a copy of your write-up, offer letter, or text messages. You’re putting that information out there as if you had posted it publicly on Facebook, Instagram, Substack, or somewhere else on the internet.
If you later decide to file a claim, you may have to turn all of that over—all of your communications with ChatGPT and any other AI. In fact, courts have already ruled on that. We in the legal community strongly encourage people not to put specific information into communications with an open AI system. It is best to talk to a lawyer and learn what your rights are.
You can also look up the government agencies that handle your rights. Those websites have many frequently asked questions. Look there to see whether your situation fits before putting personal information out into the ether.
“Highly recommend Traci. They intake my case and review it. Explain law knowledge and give me advise. Traci and her assistant very patient and always follow up the case. Quick reply message and on time phone call returns.”
Discrimination & Harassment
Learn about identifying discrimination and harassment based on protected classes, requesting accommodations, and the importance of investigations in cases of unlawful activity.
If someone at work is doing something that makes you uncomfortable—making comments, physically touching you, sexually assaulting you, or raping you—you may have a strong claim for sexual harassment or sexual assault.
As with other forms of harassment, unwelcome comments or conduct related to your sexuality or gender can be considered sexual harassment.
Sexual harassment may also include comments about your pregnancy. I had a client who was told that her feet looked like Shrek’s feet, and people at work made fun of her.
That was sexual harassment even though it was also pregnancy harassment. Pregnancy is included within the legal protections against sex or gender discrimination, so you may be protected in that situation as well.
How do I know if I have a case for sexual harassment at work?
"If someone at work is doing something that makes you uncomfortable—making comments, physically touching you, sexually assaulting you, or raping you—you may have a strong claim for sexual harassment or sexual assault..."
Was the person harassed or discriminated against because he/she/they are in a protected class?
Our firm represents employees/tenants/persons who are in a protected class, e.g., who have been harassed, discriminated, or retaliated against, or have experienced other adverse actions due to their disabled status, race, color, ancestry, ethnicity, national origin, religion, gender (pregnancy or sex), sexual orientation, gender identity/expression, reproductive health decision making, marital status, veteran status, age, medical condition, or perceived as any of these classes (ex: perceived disabled perceived gay, perceived muslim, perceived jewish; etc.), or who have been denied medical leave to take care of themselves or a family member, or who have been denied accommodation and/or a good faith interactive process.
If the person needs an accommodation, is there one available, such as additional leave or an open position (not just tasks)? Is the accommodation being requested reasonable-such as, changing a schedule around so the person can have his/her/its Sabbath off, or moving a shelf lower to help with a restriction of no over-head reaching?
Reasonableness is the standard for determining whether an accommodation must be made or is available. This is juxtaposed against various considerations: how many employees an employer has; how large the company is and how big of a request is made (is it a one time item, or something that must occur numerous times; or is it a really expensive or burdensome request, vs something that is a one time, inexpensive purchase). Course one must keep in mind that “reasonable” accommodations are not just limited to what the person/employee/tenant has requested; specifically, an interactive process or discussion is required when the person is a protected class member (listed above), and either requests accommodations, or the Employer/landlord/business knows an accommodation may be needed. Employer/landlord/business may need to hire someone fit to help with the discussion and determine what accommodations could be available.
Accommodation can mean leave to take care of ones self or another as well. If an employer cannot accommodate the employee, the employer can provide leave, even if the employee is already on “workers’ compensation leave”, the employer can put the employee on FMLA/CFRA leave.
Employers with five or more employees can be sued for discrimination/retaliation, and must look for a reasonable accommodation. (Under state law, and under Federal law, 15 or more employees).
Federal law requires: Employers with fifty or more employees (with 75 miles of location) must offer FMLA (Family Medical Leave Act), but only if employee has been there one year, accrued at least 1,250 hours and employee has not taken that leave in the last year.
California law requires: Employers with five or more employees (with 75 miles of location) must offer CFRA (California Family Rights Act), but only if the employee has been there one year, accrued at least 1,250 hours and the employee has not taken that leave in the last year. This leave also can apply for baby bonding as well.
If the employee complained of unlawful activity, was an investigation done?
Investigations should be: Timely, neutral and thorough. An employer is legally required to investigate all complaints of discimination, harassment or retaliation. Employers should advise the employee making the complaint they will not be retaliated against for making the complaint. Best practice is to hire an outside investigator who does not take direction from the company. The company does not have to advise the complaining employee of correctional steps taken to other employees, but they do have to keep the complaining employee safe and informed. All parties involved should be interviewed in the same manner and afforded the same opportunities in the investigation. Employers with one or more employees may be sued for harassment. Employers who do not follow steps for a timely, neutral or through investigation only provide animus that there is actual evidence of discrimination, harassment or retaliation to the underlying complaint from the employee.
Applicable Statute of Limitations (“SOL”) and Government Agencies That Can Help
For discrimination, harassment or retaliation, or denial of medical or family leave (including CFRA):
California:
Civil Rights Department (CRD): For employment claims: You have three (3) years from the last date of discriminatory activity to file. (https://calcivilrights.ca.gov/ or 1-800-884-1684). Once CRD issues a “right to sue” letter, the complainant has 1 year from the date of issuance to file a civil action in court. For Housing claims, there is no need to exhaust, but you can contact the CRD for help, you can file directly in court and you have two– 2 years to file from the last day of discriminatory activity
Federal:
Equal Employment Opportunity Commission (EEOC). File 300 days from the last date of discriminatory activity (if employee is outside of California, SOL may be only 180 days). (www.eeoc.gov or 1-800-669-4000.) Once the EEOC issues a “right to sue” letter, the complainant has 90 days to file a civil action in court. The EEOC also covers the Age Discrimination in Employment Act (ADEA), precluding discrimination against those over 40. (Same SOL as above.) The EEOC also covers the Americans with Disabilities Act (ADA) for employment matters. (SOL is 300 days.) The Equal Pay Act is enforced by the EEOC. The SOL is 2 years from last discriminatory paycheck, 3 years if willful.
For non-employment ADA claims, such as access cases, file with the U.S. Department of Justice (visit www.ada.gov or call 1-800-514-0301). (SOL for these is state personal injury – 2 years.)
File with the U.S. Department of Labor (DOL) for a violation of the Family Medical Leave Act (FMLA) within 2 years (3 years if willful) from the discriminatory activity (www.dol.gov/whd/fmla or 1-866-4-USA-DOL).
Fair Housing Act. File with Housing and Urban Development (HUD) (http:// portal.hud.gov/hudportal/HUD?src=/topics/housing_ discrimination or 1-800- 896-7743). SOL is 2 years.
A lot of people use the term “hostile work environment.” I understand that a workplace may seem hostile because it’s unpleasant or demeaning.
For example, a lot of people call me and say their boss repeatedly calls them stupid. That may not qualify as a hostile work environment.
A rare exception might be when someone has a mental disability or cognitive decline or impairment, their coworkers know about it, and they call the person stupid because of it. Generally, the hostility must be based on a protected status or classification, such as your race, religion, sexual orientation, gender, gender identity, disability, pregnancy, or taking leave for yourself.
If the work environment becomes unbearable because of one of those things, it could qualify as a hostile work environment. For example, your boss might be groping you or forcing you to work beyond your physical abilities despite restrictions resulting from an injury, medical condition, or disability.
That could constitute a hostile work environment. It could also be retaliation or discrimination.
What qualifies as a hostile work environment?
"Generally, the hostility must be based on a protected status or classification, such as your race, religion, sexual orientation, gender, gender identity, disability, pregnancy, or taking leave for yourself."
Equal Pay Claims
Explore the Equal Pay Act, procedures for filing claims, and statute of limitations for pursuing equal pay violations.
One thing people are very concerned about is losing their right to unemployment benefits. It is widely said that if you quit your job, you won’t be entitled to unemployment. That is not necessarily true.
If you have no alternative but to quit because the situation has become intolerable, you may still be entitled to unemployment benefits.
For example, I have had clients whose supervisors physically groped them in a sexual manner, asked for kisses, demanded hugs, or said inappropriate things to them. You shouldn’t have to continue working in a workplace that is intolerable and illegal.
The same may be true if your boss asks you to do something illegal. My recommendation is to make a complaint before quitting or, at the very least, explain on your way out: “This is why I’m resigning. This is why I’m leaving. I can’t remain in this workplace.” That could protect your ability to bring a future claim. People often talk about wrongful termination. If you have to quit because you have no other alternative, we call that a constructive wrongful termination. It means you were essentially terminated because remaining in that workplace would have required you to continue working under illegal conditions. Explaining why you had no alternative but to quit may also help you obtain unemployment benefits.
If you explain what is happening or was happening in the workplace, you may be able to secure unemployment benefits and pursue a claim later, if necessary.
Will I lose my right to unemployment benefits if I quit?
"If you have no alternative but to quit because the situation has become intolerable, you may still be entitled to unemployment benefits."
What is an Equal Pay Act Claim?
An equal Pay Act Claim can be brought for just the wages themselves for the difference of the wages you are being paid versus someone with comparable work and skills (without looking at prior salary). You can also bring this as a discrimination suit under separate statutes or via different agencies. Equal Pay Act violation for discrimination can be brought either because of race or gender.
Where do I go for my wage only claim of Equal Pay Act?
If you believe you have an Equal Pay Act violation you can file in California under the California Fair Pay Act with the Labor Commissioner, information above with the same statute as listed above. Equal Pay Act means you are paid differently than another gender was paid for substantially similar work. But if you can bring this claim under the B&P as listed above, you may be able to go back four years. www.dir.ca.gov/dlse/California_Equal_Pay_Act.htm
For retaliation for complaining about fair pay, you can make your claim in California to the Retaliation Complaint Unit of the DLSE, and it will investigate the alleged violations. For more information, visit www.dir.ca.gov/dlse/dlseRetaliation.html . For retaliation, you must initiate within one year after the retaliation.
You can also file federally your Equal Pay Act violation with the the Department of Labor (www.dol.gov).
Where do I go for my Discrimination Equal Pay Act claims?
You can also file your claim for investigation for gender or race discrimination of unequal pay with Equal Employment and Opportunity Commission (“EEOC”) at 1-800-669-4000 or www.eeoc.gov
. But, your Federal wage claims are not stopped by filing with the EEOC though, but they can investigate your unequal pay. You can also file with the State by filing a charge with the California Department of Fair Employment and Housing (“DFEH”) at 1-800-884-1684 or www.dfeh.ca.gov
What are my Statute of Limitations for Equal Pay Act Claims?
For the Wage only claims whether filing in state or Federal Court, you have 2 years with the agencies or 3 years if its willful, or private counsel may be able to go back 4 years. Each paycheck if unequal is a new violation). www.dir.ca.gov/dlse/California_Equal_Pay_Act.htm; (www.dol.gov)
For discrimination claims, you have 300 days to file with the EEOC and 1 year to file with the DFEH. Then you will obtain a Right to Sue from these agencies allowing you to file in Court. It is not recommended you get those unless you have counsel. www.eeoc.gov; www.dfeh.ca.gov
Pregnant workers are entitled to many more protections than they may realize.
You may be entitled to take pregnancy disability leave or baby-bonding leave. As long as the employer has five or more employees, you may be entitled to take medical leave.
Federal leave is available under the Family and Medical Leave Act, or FMLA. California also has the California Family Rights Act, or CFRA. You may be entitled to take leave under those laws during some of the time you are away from work because of your pregnancy.
You may be entitled to three months of leave under the FMLA or CFRA and four months under California’s pregnancy disability leave law if you qualify as disabled for that entire period. That is much more leave than most people realize.
To qualify for leave under the FMLA or CFRA, you generally must have worked for the employer for more than one year and worked more than 1,250 hours.
Pregnant workers may also be entitled to accommodations. Many women experience disabilities related to pregnancy. One common restriction is that they cannot lift more than a certain amount after a particular point in the pregnancy. They might also be unable to drive certain distances later in the pregnancy.
There are also times when someone wants to continue working as long as possible, but her body won’t allow it because she is exhausted. She might be entitled to begin her leave earlier. What you need depends on your individual circumstances. That is a discussion among you, your doctor, and your employer. Unless the employer can demonstrate serious barriers to providing the accommodation, it must accommodate you. You are also supposed to receive state and California Civil Rights Department pamphlets advising you of your rights. Most employers don’t do that. Those notices should be posted wherever you see other employment notices, such as the minimum-wage notice. A lot of employers mishandle these situations. They don’t let women take their leaves, terminate them as soon as the pregnancy is disclosed, refuse to discuss possible accommodations, or act as though they—not the woman and her doctor—can determine what is medically necessary for the woman and her child.
What rights does a pregnant employee have in the workplace?
"Unless the employer can demonstrate serious barriers to providing the accommodation, it must accommodate you."
Termination
Discover key considerations following termination, including final paycheck issues and understanding wrongful termination claims
If you were terminated for a reason that is not true, you may have what’s called a defamation claim.
Defamation occurs when someone makes a written or oral statement about you that is untrue and damages your character, reputation, or standing. I previously gave the example of a client who was accused of having a sexual relationship with her boss. It was completely untrue. She was in a committed, loving relationship, as was he, and they were not in a relationship with each other.
The company fired her because it did not believe her, no matter how many times it questioned her about it. She had a potential wrongful-termination claim, but she also had a defamation claim.
Keep in mind that you generally have only one year to bring a defamation claim, unlike many other claims that may have limitations periods of two to four years, depending on the type of claim.
What if I’m terminated for a reason that is not true?
"Keep in mind that you generally have only one year to bring a defamation claim, unlike many other claims that may have limitations periods of two to four years, depending on the type of claim."
Did you get your final check?
At termination an employer must provide the employee with all wages, including all vacation pay. Sick pay, unless it is what some call “Paid time off” or “PTO” would not be paid out to the employee. Employers must pay employees they terminate within 1 business day. For employees that quit, the final paycheck must be within 3 business days.
Do you think you were wrongfully terminated?
At or before termination, was the employee participating in lawfully protected activity? For example, filing a complaint, was a whistleblower (fired after making a complaint), recently asked for an for accommodation due to a disability, religious practice or pregnancy? Or had the employee recently participated in investigation? These actions could be the employee was wrongfully terminated.
Applicable Statute of Limitations (“SOL”) and Other Tips Related to this Topic
For terminations related to harassment, discrimination or retaliation, see the section above, but note: you must look for work, otherwise no matter whether you win on liability, you could prevail with no monies at all since you have done nothing to lessen your harm while trying to seek a legal remedy. This obligation is called “mitigation” and is a requirement for all employees claiming he/she/it/they’ve lost their job due to a harassment/discrimination or retaliatory reasons.
Wrongful termination in violation of public policy claims have a 2 year SOL and must be brought in Court.
If a termination in California is not connected to the protected class a person is in, or due to a refusal to do activity that is illegal, or other statutory claim, the termination may not necessarily be “wrongful”. California is an “At-will” state, which means an employee can leave at any time and an employer can let them go at any time. No reason must be given to the employee, unless the Collective Bargaining agreement (union contract), employment contract or government provision requires. There is no requirement an employee receive a severance, unless their contract, so requires it.
Applicable Statute of Limitations and Government Agencies That Can Help Whistleblowers who are subject to the following statutory deadlines
False Claims Act / Qui Tam claims (involving the misuse of public funds). File within 6 years of the violation or 3 years after the govt. knows – no later than 10 years after the violation.
Blowing the whistle on a publicly-held corporation for S.E.C. or other corporate/financial accountability violations. File complaint within 180 days from the violation with DOL’s Occupational Safety & Health Administration (“OSHA”) (www.whistleblowers.gov or DOL at 415-625-2547 or OSHA at 1-800-321-0SHA (6742)).
Workers who have suffered adverse personnel actions, file with OSHA within 30 days of adverse action (www.osha.gov/opa/worker/complain.html ).
CA law: 3 years to file under Labor Code § 1102.5 for retaliation for whistleblowing. For a government employee, 1 year under Government Code § 8547.
Retaliation occurs when you have done something protected for yourself or another person and the employer—whether through the same manager or someone else—begins changing your workplace conditions.
You might have complained about something, requested an accommodation, asked for a safety measure, or questioned whether something was legal. For example, you might ask, “Are we allowed to do this? I thought this was illegal.” You might also ask about your wages: “I haven’t been paid for all the hours I worked,” or “You don’t pay overtime after eight hours in one day in California.” When you raise those concerns, you have engaged in protected activity.
Another example occurs when you are interviewed about something that happened at work. It may not have happened to you, but you witnessed it. Perhaps a manager hit somebody, called someone names, or treated someone in what you believed was a discriminatory manner during an open meeting.
You might come forward on that person’s behalf, or you might be identified as a witness and interviewed by human resources or an investigator. Then, as soon as the investigation is over, your workplace situation changes.
The employer might cut your hours, lower your pay, or demote you. If you’re an hourly worker, the employer might stop scheduling you as frequently and slowly push you out.
You might suddenly receive a write-up that seems completely out of the blue. Even if you technically did what the write-up alleges, perhaps no one else is written up for the same conduct because it is a rule the employer does not normally enforce. That is what retaliation can look like. In theory, the law is supposed to protect your job. The problem is that the protection does not help you until something happens and you complain about it or file a lawsuit.
You may lose your job after a series of retaliatory events—what we in the legal profession call adverse actions. These are actions taken against you in the workplace.
What protections do I have from employer retaliation?
"In theory, the law is supposed to protect your job. The problem is that the protection does not help you until something happens and you complain about it or file a lawsuit."
Wage Theft
Understand the time limits for taking legal action and find resources for seeking assistance from relevant government agencies.
In California, for every five hours you work, you are entitled to a 30-minute, uninterrupted meal period.
Thirty minutes does not mean that you spend part of that time standing in line waiting to clock out or that you can be called back by a bell. That would be illegal because it would shorten your 30-minute meal period. If your boss asks you a work-related question while you are on your break, your break has been interrupted. Some people think an interrupted meal period occurs only when they’re physically asked to come back to work. For example, if you work in a store, they might ask you to return to the floor early and shorten your lunch. But merely asking you a question or sending you a text message that you’re expected to answer immediately while you’re on your meal period can constitute an interrupted meal period and a meal-period violation.
If your employer forces you to sign what is called a meal-period waiver, meaning you waive your meal period even though you want to take your 30 minutes, that can also be a problem. That is your time to do whatever you need to do—hydrate, go for a walk, or take a nap. It is your time, which is why it is unpaid.
For each violation, an employer is responsible for paying one additional hour of pay if your meal period is interrupted, cut short, or not provided.
If you work more than 10 hours, you are entitled to a second meal period. We often see low-wage earners working 10- or 11-hour shifts without receiving their second meal period. Sometimes employers establish what they call “four tens,” meaning employees work four days a week for 10 hours or more. If that arrangement has not been properly adopted, there may be other issues. You may also be entitled to a second meal period.
For rest breaks, you are entitled to a 10-minute, uninterrupted, duty-free rest period for every four hours you work, or major fraction thereof. Three and a half hours is generally considered a major fraction of four hours.
If you work eight hours, you are entitled to two rest breaks. If you work 11½ hours, you are probably entitled to three. As with a meal-period violation, if someone asks you a work-related question, asks you to return early, cuts your break short, or requires you to combine it with another break, that can be illegal. If you don’t receive the full amount of time, your employer may owe you an hour of pay for the violation. The caveat is that an employer is responsible for only two such payments per day. I have workers who work 12-hour days and receive only one lunch and no rest breaks. They don’t receive compensation for every break they lost because that is the California law right now. Another important thing to note is that if you have to prosecute one of these claims, you no longer recover your attorney’s fees. The payment is not considered a wage anymore; it is considered a penalty. No matter how much people try to characterize it as a wage, this means that if you hire a lawyer, the lawyer will generally take a percentage of what you recover instead of receiving separate attorney’s fees.
What are California’s meal and rest break laws?
"Thirty minutes does not mean that you spend part of that time standing in line waiting to clock out or that you can be called back by a bell. That would be illegal because it would shorten your 30-minute meal period."
Overtime – When is it owed to me?
In California the following times are when overtime and double times are paid:
Traditional Overtime of time and a half pay is owed at the following times: (a) over 8 hours in one day; (b) over 40 hours in one week; and (c) for hours worked up to 8 on the 7th consecutive day of work. And if an employee works into its 12th hour, then they are owed double their normal hourly rate.
This is unless your employer has one of the following situations: (1) a union, who’s contract may trump the following times; (2) a valid election done by the employees and registered with the state; (3) You work in the fields/agriculture, but the overtime rates are slowly changing each year and will be at regular rate, depending on your employer’s size by either 2022, or 2025. If you work for an employer of more than 26 employees, your overtime as of 2022 was after 8 hours in da day and after 40 hours in a week; if you work for an employer of 25 employees or less: your over time is: 2023: 9/50; 2024: 8.5/45; 2025: 8/40 – www.dir.ca.gov/dlse/Overtime-for-Agricultural-Workers.html ; (4) You work in an occupation where you are a personal attendant- overtime begins at 9 hours; (5) You are a truck driver with a truck over a certain weight amount and length/axles.
What breaks am I entitled to and when should my employer give them to me?
For every 4 hours, or major fraction thereof, an employee works, they are supposed to have a duty free, uninterrupted 10 minute rest break. For every 5 hours of working an employee is entitled to a 30 minute, uninterrupted meal break. If an employee works beyond these hours, such as 8 hour day- that employee is entitled to: 2 ten minute rest breaks and 1 thirty minute meal break; same would be true if an employee worked 7 1/2 hours as it is a major fraction thereof, for example. If the employee works into their 10th hour or more, the employee would be entitled to another 30 minute uninterrupted meal break. Some employers can enter into “On duty” meal breaks, meaning the employee does a position where leaving the work station or persons the employee is working with are unsafe and thus, must work while eating. In certain careers that is allowed. There can also be a lawful “waiver” of the first meal period, but never the second.
My employer says I am an independent contractor, is that true?
The employer may be wrong about whether you are an independent contractor. There are some tests as to whether you are an employee or not: (AB 5) a law signed a few years ago, making the ABC test set law, that was first seen in a California Supreme Court case. However, AB 5, now Labor Code Sections 2775-2787 has many carve outs for various professions as to whether you can be an employee or not. Before you start with either the ABC test or the legacy test known as the Borello test that all look at various aspects of control your employer has over you and your duties while at work, it is best to look and see if your profession is carved out. Once you determine that your profession is not on the list, you start with the assumption that YOU ARE an employee, whether you are using the ABC test, or the Borrello test. Some professions require you to use these tests anyway, to make the determination and tell you WHICH test to use. California Division of Labor Standards Enforcement, otherwise known as the Labor Commissioner, has a FAQ that goes through all of these tests, professions and other important details.
Read more: https://www.dir.ca.gov/dlse/faq_independentcontractor.htm
https://www.dir.ca.gov/dlse/Lawsuits-Uber-Lyft.html
How do I know if I have been paid for all my hours?
Your “paystub” which lawyers call “Wage Statements” should show all of the following: Valid name and address for your employer; Your pay rate -all of them (so your overtime and double time rates too if you work them); how many hours you worked in the pay period at the various rates; the pay period; your last four digits of your social, or an employee identification number; all your bonuses and tips, and benefits accruing, including sick, vacation or “PTO” – Paid Time Off you’ve accrued and/or used in that pay period and all the taxes taken out. The purpose behind all of these requirements is so an employee can figure out if the employer paid them for all their pay and so an employee would lawfully know what the entity or person’s name is who is responsible for any violations.
Applicable Statute of Limitations (“SOL”) and Government Agencies That Can Help For wage and other compensation-related violations
Aggrieved employee Can file with either/both:
California Labor Commissioner (www.dir.ca.gov/dlse or 1-866-924-9757). 3 years to file a wage claim, 4 years to file a breach of a written contract claim, 2 years to file a breach of an oral contract claim, 1 year to seek penalties for Labor Code violations under the Private Attorneys General Act (“PAGA”), but 6 months to file a retaliation or termination claim with the labor Commissioner. California’s Unfair Competition Law (Cal. Bus. & Prof. Code § 17200) extends some deadlines to 4 years for filing a civil action in court. The California Equal Pay Act has same 6 month SOL for filing with the Labor Commissioner, or 2 years to file in Court (3 years if willful).
Federal U.S. Department of Labor (“DOL”) (www.dol.gov/whd/workers.htm or 1-866-4-USA-DOL). 2 years to file for minimum wage violations or unpaid overtime. If the violation is willful, the deadline to file is 3 years.
My recommendation would be not to negotiate it without a lawyer. Once you receive the agreement, you may see terms that we call creepy settlement terms. They’re one-sided, don’t protect you, and may cause you to have to repay the money for even a minor violation.
You may also have already proposed an amount you’re willing to accept. The employer is unlikely to accept the exact number you propose. They’re going to go lower. Once you’ve put a number out there, someone like me may be less willing to come in and try to negotiate a higher amount. The reason is that you’ve lost credibility in the negotiation process. Rather than having a knee-jerk reaction and saying, “This is what I want,” talk to a lawyer first. See whether the lawyer can provide a consultation and guide you through the process or is willing to negotiate it for you.
Should I fight my unemployment denial?
"Once you’ve put a number out there, someone like me may be less willing to come in and try to negotiate a higher amount. The reason is that you’ve lost credibility in the negotiation process."
Personal Injury
Learn about personal injury claims that may arise in the workplace and how to address them effectively
Social media can absolutely create a presumption in an employer’s mind—or, in a car-accident case, in the mind of the other person’s insurance company or lawyer—and that can really hurt you.
My office does not like our clients posting things on social media. Even if you post something innocuous like, “It’s my birthday today,” someone might ask, “Weren’t you in a car accident?” or “How are you doing after your termination?”
Whether you respond publicly or through Messenger, that information may have to be disclosed.
Within the first set of discovery—which is the portion of litigation in which the other side investigates you and determines whether the case should be resolved or fought—you may be asked to provide that information.
I once had a client who was severely disabled. Someone asked what she was going to do for the weekend, and she posted a picture of a woman who looked substantially like her bungee jumping. There was no way my client could physically bungee jump. But once I saw it, I knew it was going to be the death knell for the case.
We resolved her case, but it was a serious fight because the employer truly believed she had been faking her disabilities. They thought the woman in the picture was her because it looked like her.
Similarly, if someone posts a comment on your page that seems racist or off-color, that is now out in the ether. It’s amazing how insurance companies obtain copies of this material. You don’t want it to become a factor in determining your credibility or whether your case is valid.
Can social media affect my employment case?
"Within the first set of discovery—which is the portion of litigation in which the other side investigates you and determines whether the case should be resolved or fought—you may be asked to provide that information."
Personal Injury Claims
Slip and falls, auto or motorcycle accidents: have a two year statute of limitations and must be brought in Court.
Defamation claims: libel or slander, or invasion of privacy claims have a one year statute of limitations and must be brought in Court.
You may feel unsafe at work for several reasons.
It could involve a workplace-safety issue, such as your employer failing to provide proper protective equipment. For example, you might work around an unhealthy population and need a mask, gloves, or other protective gear.
If your employer is not providing that equipment and you know from other employers—or simply from the nature of the work—that it should be provided, you should ask for it.
I’ve had clients who worked for companies that accepted donations of old clothing. The clothing was unwashed, and the employees sorting through it encountered all kinds of bodily fluids. That workplace seemed very unsafe for many of my clients.
You should absolutely request the necessary protection. If you feel that your request is not being heard, you should contact OSHA. OSHA can investigate the situation. You can also speak with a lawyer about it.
If you feel unsafe because someone is physically harming you, I would strongly recommend calling the police.
Unfortunately, that is not always a viable option for certain members of our population. Some people feel unsafe contacting the police because of their immigration status, race, past experiences, or what they see in the news.
Many people also do not report sexual assault or rape. Only about one out of three people reports it. That has a lot to do with how victims have historically been treated.
If you feel that you absolutely cannot report the conduct to the police, at least tell someone you know. Talk to a friend or send a text message about what happened so there is documentation showing that it was a concern for you.
I strongly recommend reporting the situation to human resources, even if human resources does not appear to be on your side. Make sure you also follow up in writing.
What should I do if I feel unsafe at work?
"If you feel that you absolutely cannot report the conduct to the police, at least tell someone you know. Talk to a friend or send a text message about what happened so there is documentation showing that it was a concern for you."
Employment Inquiries
Find answers to questions about union support, internal grievance procedures, and handling false or private information shared by your employer.
When something feels uncomfortable, take a step back and ask yourself, “Does this seem normal?”
We have a high level of inappropriate behavior happening in the workplace right now. It follows what is happening in our country and throughout the world. For example, there is a war on women’s rights in this country and in other countries. If someone says something to you that is demeaning to you as a woman, you should report it. You should also report someone calling you something inappropriate instead of using your name. If you are transgender and someone intentionally uses the wrong pronoun or your deadname, that is something you should report.
Discrimination can be more subtle. It could even result from something the employer did not intend, but that appears discriminatory.
For example, if you are of one ethnicity and someone of another ethnicity receives a position, that decision may or may not have been based on ethnicity. It could have been based on qualifications.
In a situation like that, take a step back and do a little research before complaining. You might simply ask, “What qualifications or characteristics did this person have that led to their receiving the position instead of me?”
What should I do if I receive a write-up that is not true?
"When something feels uncomfortable, take a step back and ask yourself, “Does this seem normal?"
My union is not helping me with my situation, what do I do?
The firm does not handle claims against unions. For complaints about unions or union representation (such as their failure to file a grievance to enforce union contract), make a complaint to the National Labor Relations Board (www.nlrb.gov or 1-866-667-6572). SOL is 6 months.
Do I have to follow my employer’s internal grievance procedures?
Employees may also have to comply with deadlines imposed by an employer’s internal grievance procedures or union. Especially public employees (can be limited to six months). Consult an employment attorney as early as possible as ignorance of the law is no excuse for untimely complaints.
My Employer has said things about me that are untrue or that are private, what do I do?
That would possible be a Defamation or Invasion of privacy claim. Employees have one year from the violation to bring the claim. Each time the false information, or private information is repeated, it could be a new violation.
A whistleblower is someone who makes a complaint or questions a direction or activity at work that the person believes is illegal. The activity does not actually have to be illegal. If you truly believe it is illegal and question it, you may be protected as long as you complain to someone in management, such as your manager, or complain outside the workplace. For example, if you see something that is seriously unsafe in the workplace and file an OSHA complaint, you become a whistleblower. The concern for a lot of people is that they don’t want to complain, respond to something that has been said that is untrue, or point something out because they are afraid it will hurt their job.
Being a whistleblower may actually put you in a better position if you take that step. If you don’t complain and you’re later terminated after remaining silent about something you believed was illegal, you may have no protection. As with retaliation, the protection comes after the fact. It won’t immediately get your job back like a genie’s wish. It is something you may be able to sue over later under the whistleblower-protection laws.
What is a whistleblower?
"The activity does not actually have to be illegal. If you truly believe it is illegal and question it, you may be protected as long as you complain to someone in management..."