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Wrongful Termination on Workers’ Compensation Violates California Labor Law
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Wrongful Termination on Workers’ Compensation Violates California Labor Law

Palm Springs, CA Valerie believes the Board of Directors at the non-profit where she worked as executive director for 16 years violated the California labor law. “Besides filing a claim with LawyersandSettlements, I filed an unemployment claim and I need to file with the California Labor Board,” she says. “At this point I am trying to find representation for wrongful termination.” Since being fired just last week, Valerie says she is “stunned and devastated.”

June 10, 2013
Property Management Firm Hit with California Labor Lawsuit
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Property Management Firm Hit with California Labor Lawsuit

San Diego, CA A company that pays their non-exempt employees non-discretionary commission and bonus pay for performance on the job has nonetheless found itself in hot water for shortchanging its workers out of overtime pay due to an alleged failure to calculate such bonuses and commissions as part of the affected employee’s regular rate of pay. The practice is alleged to be a violation of California labor law.

June 3, 2013
Fired for Pregnancy against California Labor Law
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Fired for Pregnancy against California Labor Law

Yuba City, CA Andrea was an exemplary employee at the gas station and she had no doubt that her employer would comply with the California labor law when Andrea told him about her pregnancy. “He promised I would get my job back after maternity leave, but instead I got lied to,” she says. And in doing so, her employer violated the California labor code.

Andrea’s employer would be wise to offer her job back and terminate his nephew (Andrea’s replacement) instead. Pregnancy discrimination is a violation of the Family Act Law, which clearly states that women who take maternity leave must be reinstated under the same conditions as employees returning from disability leave.

All states do not have the same rules and regulations, however. Fortunately for Andrea there are even stricter regulations in the state of California. For instance, The Pregnancy Disability Act (PDA) sates that “Any employer that’s subject to Title VII of the Civil Rights Act of 1964 (i.e., has 15 or more employees) must comply with the PDA.” That would likely mean that Andrea’s employer would not need to comply. But California’s provisions on pregnancy disability leave stipulate that the employer is subject to the PDA with as few as five employees. In addition, the leave is capped at four months.

As well, pregnancy disability leave comes in addition to leave taken under the California Family Rights Act (covering employers with 50 or more employees). So, an employee covered by both laws could feasibly take four months of pregnancy disability leave and then 12 weeks of family leave to care for a new child.

Back to Andrea. She started working as a cashier for Mohammed Khan at Pacific Petroleum Market in July 2011. (Incidentally, her employer is not unfamiliar with California law: he was charged with selling alcohol to minors at the gas station). Andrea worked hard: in addition to her cashier job, she cleaned the store, washrooms, everywhere. “I pretty much did everything and I was good with the customers,” she adds.

“I found out that I was pregnant at the end of August and I told Mr Khan right away. He told me to let him know when I decide to go on maternity leave, but I went out on March 31, 2012, just three weeks before my due date. Everything went well and I was secure in the fact that I had a job to come back to - it isn’t easy to get jobs here.”

Andrea called her boss when her son was six weeks old (by California law she has up to eight weeks to return to work). “He told me that he had hired his nephew to replace me until college started; it was just for the summer, and to call him back in August,” Andrea explains. “I was able to collect another six weeks for mother-child bonding from disability and that covered me.

“I called him back in August. ‘You promised my job back,’ I said. ‘Well my nephew is my family and he comes first,’ he replied. He told me that he would be opening a dollar store and I should drop by and talk to him, which I did. Instead, he told me that he wasn’t opening the store and said, ‘You’re a good worker and you should be able to find a job.’ Maybe he thought it was some sick joke, making me walk one and a half miles to the gas station to tell me there was no work for me. Why make me wait three months? I don’t know why he did this. I also have a six-year-old and I had child care set up for both children. He knew as much.”

Andrea adds that her employer is currently under investigation for not letting his former employees get unemployment insurance. Clearly, Andrea’s employer should also be under investigation with the California Labor Board for pregnancy discrimination.

April 29, 2013
Business Owner Jailed for California Labor Law Violation
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Business Owner Jailed for California Labor Law Violation

San Bernardino, CA The owner of an enterprise located in Hesperia is facing charges under California labor law for not carrying the required workers’ compensation insurance for his employees. If convicted, Najib Mohammad Samara faces a year in jail and a fine not less than $10,000. According to the San Bernardino Sun (4/2/13), the man was arrested at his business and held in San Bernardino County Jail in Victorville in lieu of $25,000 bail.

April 22, 2013
HR Getting Personal Spells California Labor Lawsuit?
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HR Getting Personal Spells California Labor Lawsuit?

Sonoma County, CA When Karen was quizzed by HR about her relationship with her boyfriend, she was upset, to say the least. And she figured it was a California labor law violation. Karen was pro-active: she phoned the California Labor Board and filed a harassment claim. And she is pursuing a wrongful termination claim with an employment attorney.

March 25, 2013
Wrongful Termination to Avoid Paying Workers Compensation?
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Wrongful Termination to Avoid Paying Workers Compensation?

Mira Loma, CA Thomas wants to know if his wrongful termination is a violation of the California labor law. He believes his employer fired him to avoid paying Workers Compensation. If that is the case, Thomas should file a California labor lawsuit against his employer.

February 25, 2013
New California Labor Law Will Aid Breastfeeding Employees
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New California Labor Law Will Aid Breastfeeding Employees

Sacramento, CA 2013 will be a watershed year in the state of California for breastfeeding mothers. That's when a new California labor law goes into effect that bolsters existing rights breastfeeding mothers have with regard to breastfeeding, or expressing breast milk in the workplace.

December 4, 2012
ERISA Not Just About Protecting Investments
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ERISA Not Just About Protecting Investments

San Diego, CA While many people think the Employee Retirement Income Security Act (ERISA) has to do with investments and

November 24, 2012
California Labor Lawsuits Allege Failure to Pay Minimum Wage, Discrimination
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California Labor Lawsuits Allege Failure to Pay Minimum Wage, Discrimination

Monterey, CA California labor lawsuits, alleging violations of federal and California state labor law, have been filed claiming employees were subject to discrimination and inadequate pay. Although some California labor law claims have been filed by the California labor commissioner and the US Equal Employment Opportunity Commission, others have been filed by workers who claim their rights have been violated.

November 7, 2012
LoJack Corp. Agrees to $8.1 Million Settlement in California Labor Law Class Actions
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LoJack Corp. Agrees to $8.1 Million Settlement in California Labor Law Class Actions

Los Angeles, CA Two California labor law class actions in play for several years appear to be finally in their dying seconds following an agreement by the defendant to pay a multi-million dollar settlement. In so doing, LoJack Corporation was not required to undertake any admission of wrongdoing, liability or violation of law stemming from the California labor lawsuits.

October 26, 2012
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