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Can My Employer Fire Me for Being Pregnant?

By Malatesta Law on October 15, 2024

A pregnant woman with her hand to her head in stress.

No, your employer can not fire you for being pregnant. Thankfully, California has robust legal protections for pregnant employees, including laws against terminating or discriminating against an employee because of their pregnancy condition, childbirth, or related medical conditions.

Posted in: Discrimination

What is Quid Pro Quo Harassment?

By Malatesta Law on September 29, 2024

A woman being cornered against a wall by a man.

Quid pro quo harassment is a serious issue that creates environments where power dynamics are manipulated to exploit employees. This type of harassment occurs when someone in a position of authority, such as a supervisor or manager, uses their position to make unwanted sexual advances for employment rewards or to avoid punishment.

Posted in: Harassment

The Legalities of Severance Pay: What Are Your Rights?

By Malatesta Law on June 30, 2024

A stack of money next to a paper reading

Encino Attorney Gives Legal Help on Severance Pay

Employees may often receive severance pay when they are let go by an employer. Although companies are not automatically required to provide severance pay by state and federal law in California, employers may decide to offer an employee severance pay pursuant to a severance agreement.

Posted in: Severance Agreement

Can Social Media Activity Lead to Workplace Retaliation?

By Malatesta Law on June 15, 2024

A phone being held in a persons hands with social media emoticons.

Encino Attorney Protects Employees Against Illegal Labor Practices

In the digital age, social media has become a major part of our lives. Due to the pervasive nature of social media, the distinction between personal and professional activities is often blurred.

Posted in: Retaliation

California Laws Against Harassment at Work

By Malatesta Law on December 15, 2018

California Constitution Article 1, Section 8

The California Constitution protects against harassment at work, by both public and private employers, on the basis of sex, race, creed, color, and national and ethnic origin.

Posted in: Harassment

Harassment – What Damages May an Employee Be Able to Recover?

By Malatesta Law on December 1, 2018

An employee who is subjected to unlawful harassment is entitled to recover damages under California law. Damages can include economic damages, emotional distress damages, and in certain circumstances, punitive damages.

Posted in: Harassment

Independent Contractor or Employee?

By Malatesta Law on November 30, 2018

Are You Really an Independent Contractor?

Employer’s regularly violate California law by categorizing individuals who work for them as independent contractors when in actuality, the individuals are employees. Such misclassification is a violation of the law and a misclassified individual can recover significant damages from his or her employer.

Posted in: Wage & Hour

On-Duty Meal Periods – Are They Legal?

By Malatesta Law on November 15, 2018

Generally, an employer cannot employ a non-exempt employee for a period of more than five hours without providing that employee an off-duty meal period of at least thirty minutes.

Posted in: Wage & Hour

Vacation Pay — What To Know

By Malatesta Law on November 1, 2018

Under California law, employees have no legal right to vacation pay. As such, employers do not have to provide their employees with any vacation pay.

While employers do not have to provide their employees with vacation pay, it is standard practice for employers to do so. Employers often grant employees vacation pay by way of the employer’s policies and practices, an employee’s employment contract, or a collective bargaining agreement.

Posted in: Wage & Hour

Sexual Harassment – Hostile Work Environment Harassment

By Malatesta Law on November 1, 2018

The California Supreme Court has defined “harassment” as “conduct outside the scope of necessary job performance, conduct presumably engaged in for personal gratification, because of meanness or bigotry, or for other personal motives.”

Posted in: Harassment

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