A Pasadena Employment Law Firm

Committed to Helping Workers

Phone

(626) 380-9000

  • Final Check

    Whether you are terminated, laid off, or resign voluntarily from your job, your employer must provide you with your final wages in a timely manner. If your employer does not pay your final wages in full and on time, you can seek penalties in addition to the actual wages owed. You may also be able to recover attorney’s fees, costs, and interest if you prevail on an action for unpaid wages. California’s Labor Code lays out an employer’s obligations with respect to the payment of final wages as well as the penalties for failing to comply.

    Payment Upon Termination

    When an employer terminates or lays off an employee, it must “immediately” pay the employee all earned and unpaid wages. (Labor Code § 201.) The employee must be paid “at the place of discharge.” (Labor Code § 208.)

    Payment Upon Resignation

    If an employee quits without notice, the employer must provide final wages within 72 hours of the resignation. However, if the employee gives notice 72 hours or more in advance of the actual resignation, then the employee must be paid . . .

  • terminated employee

    If you work in California and are not a union member, chances are that your employment is “at will.” This means that your employer can terminate your employment at any time, with or without notice, for almost any reason they see fit. The key word here is “almost.” Even if your status is “at will,” an employer cannot discriminate against or terminate you for reasons that the law specifically prohibits.

    Is Your Employment “At Will?”

    In California, the presumption is that your employment is “at will.” This is reflected in Cal. Labor Code Section 2922: “An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month.”

    The default of “at will” status can be altered through a contractual agreement. Most frequently, this happens when unions negotiate collective bargaining agreements on behalf of their members. Collective bargaining agreements usually provide job protections, including by requiring progressive discipline and “just cause” to terminate an employee.

    An individual employee can also enter into an employment contract for . . .

  • California personnel file requested

    Did you ever wonder what’s in your personnel file? Do you know that you have a right to find out? What other documents are you entitled to see or copy? Below, I discuss the employment records you are entitled to get and share sample language for making such a request.

    Labor Code § 1198.5 provides that (with limited exception): “Every current and former employee, or his or her representative, has the right to inspect and receive a copy of the personnel records. . . .

  • In California, bullying is not always illegal

    You say it’s a “hostile work environment.” But is that workplace bully breaking the law? The answer may surprise you.

    So your boss/supervisor is a jerk. He’s mean, abusive, and he talks down to you. He embarrasses you in front of others and he diminishes your work. You think he may be sabotaging you and intentionally setting you up to fail. Surely he’s breaking the law and you have a case, right?

    Not necessarily.