Orange County Employment Lawyers Blog

Implied Contract Exception in California Wrongful Termination Lawsuits

November 12, 2017 | by Nassiri Law

California, like most states, allows for at-will employment. That’s a term used in U.S. labor law that explains contractual relationships in which employees can be fired by an employer for any reason (i.e., without just cause) and without any warning. “Cause” is interpreted to mean a fair and honest cause or reason, regulated by good faith on the part of the employer. California’s Labor Code contains the presumption that employees are employed at-will.

There are several exceptions to employment at will. These include:

Public sector employees.
Employees represented by unions (covered by collective bargaining agreements);
Employees who have contracts (written or implied) that require good cause for termination;
Employees whose employers have said/ done something to overcome the presumption of at-will employment.

In a recent wrongful termination case weighed by California’s First Appellate District, Division Three, the question was whether employee had an implied employment contract that required good cause for termination, and if so, whether his employer, a gas company, did have good cause for his firing. Continue Reading ›

Tesla Fires Hundreds of Employees in California for Alleged Subpar Work

November 9, 2017 | by Nassiri Law

Nobody enjoys being fired. Although California is not a right-to-work state, employers still have much freedom when it comes to termination of workers. Supporters of right to work laws opine they protect prospective employees who want a job but do not belong to a union. Although there was certainly a time when it was difficult to get into in a union, that’s generally no longer the case and membership is encouraged. The truth of the matter is these laws were designed to allow employers the freedom to fire workers for any reason they want and also to avoid having to deal with unions.

The reason many employers disfavor unions is because workers have strength in numbers. When they join a union, workers are invested with greater power to negotiate collective bargaining agreements that cause employers to give workers more protection than the base requirements afforded by the law.

Workers who seek to unionize may find themselves facing termination. You can discuss your rights with an experienced Los Angeles employment attorney.

Constructive Discharge by Employers in Orange County

November 6, 2017 | by Nassiri Law

Everybody knows what it means to be fired from a job. However, sometimes an employer aiming to get rid of an employee won’t actually fire the person. Instead, they create or allow to persist a hostile work environment that would force any reasonable person to quit. The law calls this a “constructive discharge,” and it’s illegal.

Constructive Discharge Employment Cases in Orange County and Los Angeles

According to a recent news article from the Huffington Post, constructive discharge cases are a lot more common than one might think, and they can be devastating to the employees who must work in these harsh environments. This article focused on a complaint recently filed in Orange County Superior Court. Continue Reading ›

Southern California Job Growth Projected to Slow Over Next Three Years

November 1, 2017 | by Nassiri Law

Recent projections by economists indicate that the job growth currently enjoyed in Southern California will slow dramatically in the coming years. This is problematic for employees, who are already at a disadvantage in negotiating the employment relationship. Employers, who traditionally hold a stronger bargaining position, are further strengthened in a job market which favors employers. Nonetheless, employees still have workplace rights which must be protected. Learn more about how a Southern California employment lawyer can protect employees’ rights in a tough job market.

The Job Projections

The Orange County Register reports that economists from California State University at Fullerton have recently released projections for job growth across Southern California during the next three years. While 2016 saw an expansion of 2.6 percent in payroll jobs, 2017 is projected to see only 1.6 percent, and 2018 growth is estimated at 1.7 percent. 2019 payroll jobs are estimated to grow at only 1.9 percent. While these percentages may seem small, they represent thousands of jobs, and thousands of families which depend on the income from those jobs. The economists found no obvious trigger for the current drop in employment.

Employment Classification Issues in Los Angeles

October 31, 2017 | by Nassiri Law

Employee misclassification is a major violation of California labor law that happens far to often. The issue is whether a worker is an actual employee or an independent contractor. An employee works for an employer and is under the direct supervision of the employer, manager, or supervisor.

Employees are told how to do the job, and most if not all aspects of the job performance are governed by the employer. The employee also is entitled to benefits including health care and, if they work more than 40 hours in a pay week, are entitled to overtime assuming they are paid by the hour as opposed to being on salary. Continue Reading ›

LA Area Resort Workers Alleged Wage Hour Violations

October 29, 2017 | by Nassiri Law

Wage and hour disputes are one of the most prevalent issues handled by Los Angeles employment attorneys. Yet another California wage-and-hour dispute was reported by LA Weekly, which revealed workers at high-dollar resort allege being financially swindled by their employer.

These workers, all employed in the restaurant and hospitality industry, allege that while working on the more than 100-acre, ritzy Los Angeles area resort they were forced to cut meal periods shorter than the allotted time, clock in for less time than they were actually working and forced to take shuttles from their employee parking area to the resort without compensation, even though this was a very time consuming process and no alternative was offered. Continue Reading ›

Bay Area STEM Jobs Outpace Available Workers

October 28, 2017 | by Nassiri Law

A new report finds that the number of science, technology, engineering and mathematics jobs available in the Bay Area will soon vastly outpace the number of skilled workers who are available to fill such jobs. On the surface, this appears to be good news for STEM workers, who will soon have a wider range of job opportunities available to them. However: such market conditions can also place greater pressure on employees once they have been hired, and increase the potential for wage and hour disputes. These conditions can also increase the potential for workers to be misclassified as independent contractors. Learn more about the projections for the STEM market, and how a California employment attorney can help STEM employees negotiate the working conditions to which they are legally entitled.

The Projections

The San Francisco Business Times examined the future of California’s STEM job market by analyzing a series of statistics. In May 2015, the California Employment Development Department reported that there were twice as many online job postings for STEM jobs as the number of unemployed STEM workers. This current scenario is likely to be exacerbated in the coming years by a series of factors. First, California is projected to add about 200,000 STEM jobs over the next five years, according to the Bureau of Labor Statistics and reports issued by the State of California. Next, many STEM employees will soon age out of the job market. Over half of California’s STEM employees face retirement in the next five to ten years. Finally, STEM jobs require advanced degrees that greatly narrow the field of suitable applicants. For reference: 33% of the working population in California holds college degrees, but 75% of STEM jobs will require a bachelor’s degree or higher. Continue Reading ›

Sexual Harassment Lawsuit Against Netflix Settled

October 25, 2017 | by Nassiri Law

Sexual harassment in the workplace is nothing new. However, laws have evolved over the last several decades to include many more protections and legal causes of actions for victims. Unfortunately, it still happens, and remains a very serious problem, as we’ve seen with several high-profile accusations made against famous power players like Bill Cosby, Harvey Weinstein and Bill O’Reilly. Even our own president has been accused of such conduct. But it’s not isolated to the seedier side of show business or within wealthy circles.

According to a recent news article from The Hollywood Reporter, Netflix has just settled a claim levied by an executive involving allegations of sexual harassment at the workplace. The employee who filed the lawsuit was formerly the director of human resources. According to his complaint, he said that during the months he worked at the company, he was regularly the target of sexual harassment and said the company has an unwritten policy of targeting such harassment and employment discrimination. Continue Reading ›

Tesla Scrutinized For Recent Mass Layoffs

October 24, 2017 | by Nassiri Law

Recently – and not for the first time – Tesla has fired a large number of workers. In both its automotive branch and solar panel subsidiary, hundreds of Tesla employees were let go in what has been described as a “pink slip rampage.” Now, former employees are taking the company to task for its claims of unsatisfactory performance, which Tesla claimed was the basis for firing twelve hundred employees worldwide.

What is Really Going on at Tesla?

According to Slate, there is a conflict between the company’s claims of unsatisfactory performance and employees’ claims that they were not privy to any performance reviews. Employees are claiming that the firings were actually mass layoffs, and that the company violated their rights under the WARN Act (California Labor Code Division 2, Part 4, Sections 1400-1408). Under the WARN Act, employers must give sixty days’ written notice of mass layoffs. The notice must be provided to both affected employees and local employment authorities. Tesla, in turn, claims that the positions will be backfilled, and the firings cannot, therefore, be layoffs. (Interestingly, Tesla did provide WARN notices to over two hundred employees at its Roseville, California worksite.) Tesla is facing other circumstances that call into question the timing of the terminations. It is currently experiencing significant delays in the release of its Model 3. Tesla is also in the midst of a merger with its solar panel subsidiary, Solar City, which investors approved in November 2016. Both of these conditions are likely to leave Tesla lacking in liquid assets for a time. Lawsuits have already been filed by terminated employees. It is now up to the California courts to determine the nature of the Tesla layoffs. Continue Reading ›

New California Laws Protect Criminal Record and Salary History

October 21, 2017 | by Nassiri Law

It is hard enough to get a job these days even with a perfect record. Applicants with a criminal conviction on their record may find it nearly impossible. Fortunately, pursuant to a new state law, most California employers in California will not be able to make any inquiries into an applicant’s criminal history. There is a also a new California employment law that will prohibit employers from asking about an applicant’s past salary history.

As reported in a recent news article from The National Law Review, there are three new laws in California that once in effect, will require most employers in the state to modify their hiring practices. One of these is Assembly Bill 1008 (AB 1008), which prohibits employers from making inquiries into applicants criminal histories by the human resources department and any employment recruiters prior to an offer of employment. Continue Reading ›