Under California law, when you apply for a religious accommodation at workplace – your employer is entitled to request further information to better understand the reasons behind your request. The law is not clear what information the employer can inquire about, but they are entitled to a basic follow-up, reasonably necessary to address the accommodation request. This right has to
Both employees and employers in California need to know that even if they don’t sign a formal employment contract, their conduct alone, without many or any actual documents to that effect, can form an employment or business relationship. This is because to form a contract, a manifestation of mutual assent is necessary. Mutual assent may be manifested by written or
Just like making all of your workers remote is often not a great idea for a business, asking every remote employee to come back to the office just because that’s your new policy can also be a bad decision. It is in your best interest as an employer to consider the individual circumstances of every employee and ask yourself certain
Under California Labor Code section 232.5(c): “No employer may … discharge, formally discipline, or otherwise discriminate against an employee who discloses information about the employer’s working conditions.” It is not uncommon for employers to become unhappy about their employees complainign about safety issues at worksite or lack of regulatory approval to complete a certain project, as illustrated in Zirpel v
The post Two Issues California Salespeople On Commissions Should Avoid appeared first on San Francisco Employment Law Firm Blog.
You may have heard before that when it comes to testifying, whether you are the plaintiff or the defendant in a case, your credibility is of critical importance. This is because so many cases inevitably involve “he said / she said” situation, where the fact finder (a judge or a jury) has to decide who to believe. If they find
Many workers find themselves in a situation where they believe (and often rightfully so) that they will soon be wrongfully terminated due to some type of discrimination or retaliation. Can anything be done to prevent a future wrongful termination form taking place?
Realistically, there is nothing you can do to physically prevent your employer from firing you, if they are
First of all, contrary to a popular belief – not all mediators are the same. Even though the role of a mediator is limited to facilitating negotiations in a legal dispute and they don’t make any decisions or ruling in a case, having the right mediator can make a big difference between settling a dispute or bringing it close to
The post Can You Be Terminated While On Medical Disability Leave? appeared first on San Francisco Employment Law Firm Blog.
“Outside salesperson” in California are exempt from overtime, minimum wage, reporting time and meal and rest break requirements. (Labor Code 1171). Wage Order No. 7-2001(2)(J) defines outside salesperson as “any person… who customarily and regularly workes more than half of the working time away from the employer’s place of business selling tangible or intangible items or obtaining orders or contracfts
