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Discrimination – What Damages Can an Employee Recover?
An employee who is subjected to unlawful discrimination is entitled to recover damages for their employer’s illegal conduct under California law. Damages can include economic damages, emotional distress damages, and in certain circumstances, punitive damages.
Does an Employee Have a Discrimination Claim? – Factors to Assess
- Was the employee treated differently than other employees because of the employee’s race, gender, religion, sex, age, disability, nationality, or military service?
Employment Law 101: What are the statute of limitations for possible employment law claims?
A statute of limitations is the deadline for filing a lawsuit on a particular claim. In order to bring a lawsuit against an employer for a certain claim, the lawsuit must be filed within the applicable statute of limitations for the claims asserted.
FMLA Leave: Birth of an Employee’s Child or Adoption of a Child
An employee is able to take a FMLA leave of absence because of the birth of their child or the adoption of a child.
FMLA Leave: How Much FMLA Leave is an Employee Entitled To?
How Long is a FMLA Leave?
The FMLA provides a right to a leave of absence for a maximum of 12 weeks in a 12-month period (“leave year”).
FMLA Leave: What Is An Employee’s Own Serious Health Condition?
An employee is able to take a FMLA leave of absence because of their own serious health condition.
FMLA: Notice to Employer
An employee who wants to take a FMLA leave must notify their employer of their need for a leave and the reason that they qualify for a leave.
How Does an Employee Prove Discrimination?
It is against the law in California for an employee to be discriminated against because of his or her: race; religious beliefs; color; national origin; ancestry; physical or mental disability; medical condition; genetic information; marital status; sex; gender; gender identity; gender expression; sexual orientation; military and veteran status; age; or pregnancy, childbirth, breastfeeding or related medical conditions. These characteristics are known as “protected characteristics.”
I’ve Been Fired – What To Do
First, pursuant to Labor Code Section 201, when an employee is terminated, the employer must pay the employee all of their earned and unpaid wages immediately. If the employer does not pay the employee all of their earned and unpaid wages immediately, the employee can recover, as a penalty, their daily wages for each day that they do not receive all of their earned and unpaid wages for up to thirty days.
Non-Compete Agreements – What to Know
Generally Unenforceable
As a general rule, a non-compete agreement in an employment contract or a severance agreement is void as against public policy.