The Basics Of Wrongful Termination Claims

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Have you been recently laid off? Did you know you could receive compensation if your feel you were wrongfully fired? Here are the basics for wrongful termination claims you didn’t know about.

What Constitute Wrongful Termination Claims?

You are liable for a claim if the manner of your firing violate any anti-discriminatory laws of the state. You can also be compensated if you were laid off through a sexually harassing ploy, if the employer went against contract agreements or when the employer violates labor laws inclusive of the collective bargaining laws. Lastly, you are liable to be compensated if you were laid off because of laying a complaint against your employer.

Post-firing Tips That Help

Even after being laid off, never act out of anger and say or act negatively towards your employee. Find a suitable lawyer experienced in employee rights and seek their advice on the matter; they can also be your representative. Enquire from your employee the real reasons behind your termination and if possible the specific person who made the decision to lay you off.

Additionally, enquire for your personal employee file and try negotiating a severance package with your employer. If they agree on the severance package, make sure they put it in writing. Then take back any company property in your procession before fully engaging the lawyer to act on your behalf. In all dealings, do not allow yourself to be intimidated by the lawyer.

Tips for a Negotiation

Once you have the lawyer on your side, it’s time to discuss the procedure for your severance package. Ensure you remain calm during the entire negotiation process after termination. With your lawyer, think over the offer your employer offers and see if it truly benefits you; never just automatically access an offer you haven’t brainstormed with a legal expert. It will also be a plus if you convince your employer to keep you on medical coverage, as you receive your severance pay, at least until your next job.

By negotiating your wrongful termination claims, you can get a good severance package out of it. This works better compared to planning malicious moves against the employer and the company.  If you haven’t been temporarily terminated, an employee rights lawyer can help negotiate re-employment for you.

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California Paid Sick Leave Act Explained

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If you’ve been reading the news lately and are a California resident, likelihood is you’ve come across the California paid sick leave scheme at some point or the other. New legal guidelines published in recent years mean that you may now be eligible for applying successfully for a paid sick leave in California where you may have been rejected previously. We will take a closer look at the revised eligibility criteria.

Governor Jerry Brown signed this in late 2014. The law now requires all private and public-sector employers to grant their workers a minimum of 3 sick paid days every year in California. From the 1st of July, 2015, employees can apply for a minimum of 24 hours (3 working days) in a year. Employers can use two different methods to decide when you be allowed to take these paid leaves, either the lump sum system or the accrual system. With the latter, each 30 worked hour shift equates to 1 hour in paid leave. So, a full-time worker gets a bit over 8 days of paid sick leave per annum. The cap on this is 24 hours (3 days).

All extra sick leaves you have earned under your contract go into the ‘sick leave bank.’ Your employer can only legally stop further accumulation when 6 working days, or 48 hours, exist in the bank. This new ruling also means that with an accrual method, you are able to carry unused sick leaves over from this year to next year. However, your employer is still able to prevent you using over 3 days every year.

If your employer is offering you unlimited sick leave and vacation, this new law is going to be a bit of a nightmare in terms of record-keeping. Such policy has become more widespread in recent times in businesses. Sick leaves may be used for preventive care for yourself or a member of the family, in cases of domestic violence, stalking, sexual assault. If it is a partial day, you cannot be demanded by your employer to take over 2 hours in leave.

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