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Los Angeles Employment Law Blog

Can I take family medical leave after my baby is born?

Under the Family Medical Leave Act, mothers have the right to take time off before and after childbirth or after the adoption of a baby. This is because the transition that all mothers go through is never easy, and it takes time before life will normalize again. Rather than facing the threat of losing her job, a mother has the right to receive maternity leave under the FMLA and return to the same company after.

Just like a mother, a father can also ask for medical leave after the birth or adoption of a baby. Not all fathers take medical leave at these times, but the FMLA does not ignore the important role that a father can play in caring for a newborn child.

Did SpaceX wrongfully fire an employee for being a whistleblower?

Space Exploration Technologies Corp. (SpaceX) wants to bring space travel into the private sector. The company has received great praise its far-reaching and hopeful agenda of expanding space travel for the citizens of Earth. However, one ex-employee claims that the company is not all it's cracked up to be.

The former SpaceX engineer claims he was wrongfully terminated because he refused to falsify test results. He said that he reported the questionable practice to his superiors and was fired as a result.

The chronology of an EEOC discrimination complaint

If you're facing a discrimination problem at your California workplace, you may need to file a complaint with the Equal Employment Opportunity Commission to gain traction to resolve the issue. Let's take a look at the process of filing an EEOC discrimination complaint.

The first step involves filing a "charge" with the EEOC. Your charge needs to be filed within 180 days of the discriminatory incident. The charge is a written legal document, much like a legal complaint, which details the incident and the facts that surrounded it. Find your closest EEOC to do this.

What to expect in your wrongful termination case

Are you looking for a lawyer to represent you in your wrongful termination lawsuit? If you were wrongfully terminated from your job -- and you're considering filing an employment law claim for damages -- you're probably wondering what to expect in your upcoming lawsuit.

Fortunately, when you retain a lawyer, he or she will educate you on the rules and regulations that apply to a wrongful termination suit. Let's take a look at some of the most basic aspects of such a claim here:

Is your employer stealing your wages?

Imagine you're working 40-plus hours a week washing dishes for minimum wage. This is bad enough. You're barely making enough money to make financial ends meet. However, what if your employer was not paying the full amount of wages you've earned?

Unfortunately, this scenario is common in California. Workers lose out on almost $2 billion in minimum wage earnings annually in our state.

Attitudes about sexual harassment start young

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When it comes to how we think and feel about romantic relationships - as well as gender, sexual harassment and misogyny - we are heavily influenced by what we learn in our youth. And many of these beliefs go hand-in-hand.

A study performed by the Making Caring Common Project by the Harvard Graduate School of Education found that many young people have been directly affected by sexual harassment.

Advice for severance packages following termination

Most California employees will not be entitled to a severance package in the event of termination. However, some have the legal right to demand severance pay. It all depends on what your employment contract, employee handbook or employee manual says. Additionally, some California employees can attempt to negotiate special terms for severance pay by promising not to pursue a legal action against his or her employer.

Tips for protecting your right to a severance package

Working off the clock: Is it legal?

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In most workplaces in California, hourly employees are paid time-and-a-half for working overtime. In most cases, overtime refers to working more than 8 hours in a day or 40 hours in a week.

But a surprisingly common abuse of employees by employers is requiring them to work off the clock.

Were you terminated for supporting a sexual harassment claim?

Some might say that you were in the wrong place at the wrong time. You witnessed an act of sexual harassment at your workplace, and it was traumatic enough just to see it. After you stepped forward to support the victim and back up the victim's claims, you became a victim yourself. Shortly after you spoke up on behalf of the victim, you were terminated.

This is an example of how the direct victims of sexual harassment are not the only ones who can get hurt at a Los Angeles workplace. People around the victim can get hurt, too. In some workplaces, a harasser will do anything -- including retaliating against those who support the victim -- to keep harassment claims under wraps. Once word gets out that people who step forward get fired, it can serve to discourage other victims from standing up for their rights.

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