Employment Class Action
Independent Contractor vs. Employee: Misclassification Can Create Mess for Employer and Employee
Independent contractor…employee…”getting 1099′ed”…self-employment tax…these terms and their implications, in a legal and a tax sense, are complicated. At the outset of a company/independent contractor or employer/employee relationship, a clear relationship needs to be defined. Unfortunately, many times the relationship is not made clear because neither party understands the difference between an “independent contractor” or an [...]
What is Your Employment Law Case Worth in San Diego, California?
Griswold Law obtains a handful of new clients through this blog site, particularly individuals with employee-based claims. Naturally, I am interested as to how these clients are stumbling across my site. Through Google Analytics, I am able to review what keywords are used that lead people here. Among many different variations of internet searches, there [...]
California Employment Law: Non-Compete Clauses
A non-compete clause is a contractual term under which one party (typically an employee) agrees not to conduct business in direct or indirect competition with another party (typically an employer). The benefit to the employer is that the employee is restricted from leaving the company and going to work for a competitor of the employer [...]
California Employment Law: Severance Agreements…Sign or Don’t Sign?
The emotional state of an employee who has recently been laid off or fired is typically unstable to say the least. One of many concerns of the recently fired or laid off employee is, “where will I find a substitute source of income?” Employers are aware of this. I will not opine as to the [...]
California Employment Discrimination: Legal or Illegal?
The question posed in the title of this blog entry is one I deal with on at least a weekly basis, if not a daily basis. I speak with many prospective clients who feel they are victims of discrimination in the workplace. Each conversation involves a discussion of what constitutes “legal” discrimination and “illegal” discrimination. [...]
California Employment Law: Wrongful Termination in Violation of Public Policy, Retaliation, Whistleblower Protection
Generally, employees in California can be fired at any time for any reason based on the “at-will” employment doctrine. However, over the years in California many exceptions have been carved out of this general rule. The most common exceptions are found within the California Fair Employment and Housing Act (“FEHA”), which protects employees from discriminatory [...]
California Employment Law: Full and Prompt Payment of Wages to Employees
California has a long history of protecting the rights of employees and employees’ access to fair wages. The California Supreme Court famously stated, “it is manifest that wages due belong to the employee, and not to the employer…” The Court went on to highlight the “policy favoring full and prompt payment of wages…wages are not [...]
California Employment Law: California Supreme Court Makes it Easier for Employees to Bring PAGA Lawsuits
In the recent California Supreme Court case, Arias v. Superior Court S155965, __ Cal. 4th __ (2009), the Court determined that an employee suing an employer for labor law violations on behalf of himself and others seeking civil penalties under the Private Attorneys General Act (“PAGA”) is not obligated to meet the requirements for class [...]
California Employment Law: Commissions Owed to Employees After Termination
As discussed in Griswold Law’s previous article entitled, “California Employment Law: Unpaid Commissions for Sales Employees,” unpaid commissions are typically treated as unpaid wages under California law. However, commission structures can be complex and contingent on certain occurrences taking place before those commissions accrue and become due to the employee. The situation becomes even more [...]
California Employment Law: Unpaid Commissions for Sales Employees
California employees compensated through commission structures are struggling more and more in the current economy. They face two major problems: 1) sales are generally sluggish due to struggling economy, and 2) employers are challenged under the economic conditions and are failing to properly pay commissions. Typically, employees and employers schedule the commission structure within the [...]