Category Archive : Law

California Employment Law Myths, Every Employer Should Know

The state of California has a ton of rules that aim to protect and uphold the rights of employees within the state. In fact, California is considered as a haven for employees as the state has the most employee-friendly laws. This does not mean that these laws undermine the rights of employers. That is why as an employer, you should arm yourself with the right information about these laws to better protect yourself and your business from abuse. Here are some of the myths about employment laws for employers and the clarifications debunking the same.

Myth: No need to give overtime pay for employees since they may be exempt

Truth: While salaried, executive, administrative, or professional employees are exempted from receiving overtime pay. However, there are some of your employees that deserve the payment for the overtime work they have rendered. Know the exemptions by checking out the Wage and Hour Law of the state. This way, you will not be confused as to which employees should or should not get overtime pays.

Myth: Do you have to give a terminated employee a severance pay?

Truth: Severance pay is not something that the law requires on all employers. In fact, it is up to the goodness of companies if they would really want to give a severance package to employees leaving the organization. So employee can’t file claims due to an employer’s failure to pay severance pay unless it was stipulated in the employment contract.

Myth: Employers can only terminate employees because of unsatisfactory performance or other justifiable cause

Truth: California is one of those “at will” employment states that allows employers to terminate employees for any reason. The only time when these terminations are going to be questioned is when there is a standing agreement between the employer and employee. Also, an employer cannot terminate an employee if there are acts of discrimination due to age, sex, race, religion, or as retaliation for being a part of a union or organization, or because of whistle-blowing, committed against the concerned employee.

Myth: Employers can’t ask employees to sign a release after he or she is terminated from his or her post.

Whenever an employer pays an employee severance or any other payment to make the release binding on the employee, he or she must make the worker sign release papers. These papers completely clear you from any more responsibility about the person you are terminating.

California just has a lot of employment laws that can confuse bosses. However, these laws give equal protection both on employees and employers. So if you are still quite confused about this, it is best that you hire los angeles employment lawyers to help enlighten you and guide you through everything.

Can Workers Compensation Really Help A Worker In Need

Workers are at times exposed to excesses in their field of profession. They can be exposed to life threatening accidents in high risk jobs like construction and mining or, they can be exposed to life threatening diseases when they are involved in working for chemical plants etc. These cases are more common than one can think of and almost every other day some worker or the other is rendered disabled permanently or temporarily because of these accidents, which take an eventual toll on their family income and sustenance. Not many of these workers however, know that they are entitled to some sort of compensation in the form of insurance or a lump sum cash that would take care of their financial stability when they go out of job and that, this help has to be extended from the side of the employers. In simple words, the employers are bound by law to provide compensation to workers if they are injured at work. This is known as worker’s compensation and is enforceable by law in almost all countries in the world.

Needless to mention, if a worker receives compensation for the injury suffered by him / her, their life will be made far more easier, as compared to those workers who receive no compensation. Worker’s compensation covers almost any injury conceivable, which includes broken bones, cost of stay in hospital, treatment, medication, visit to the doctor, physiotherapies etc. The facility can be cashless or refundable as the compensation plan offered by the employer defines. The point is, the worker will not have to bother paying the expense and that, he / she will also receive a sizeable sum of money that will enable then to pull through difficult times without income. Workers compensation is a very helpful and progressive step taken in favor of maintaining the wellbeing of all employed. But, more often than not, these claims of compensation are denied by the employers at some ground or the other that may also appear justified to all. These are the times when the compensation attorneys and lawyers come to the rescue.

Highly qualified professionals like in this field like Workers Comp Attorney San Diego are known for winning cases of claim denial in favor of the wronged workers. These experts know the law governing the issue of compensation to injured workers like the back of their hands. When approached, these lawyers and attorneys go through the case and proceed accordingly. When claiming workers compensation it is a must to choose good attorneys. To locate those who are as proficient in their profession of law, like the Workers Compensation Lawyer San Diego, one will have to do a little research either over the internet or going through the yellow pages and proceed by setting appointments and meeting the same. One can also seek help from those who had faced similar situations and got their claims at the end. However, it is anytime better to get the claim without the interference of lawyers, and this is possible when the employers grant claims without creating any issues.