November 2011

Laying off senior employees that have higher pay

I am 52 years old and I have been laid off from my job. I earn more than most employees in my position. Can I sue my employer for employment discrimination for firing me?

By Deskin Law Firm

Can An Employer Refuse To Hire Me Because Of Where My Family is From?

I applied for a job at a photo lab and was told by the employer that he had had trouble with "my kind" before. My mother is Middle Eastern and my father was from South Africa so I am not sure what kind that is. Can An Employer Refuse To Hire Me Because He Has Had Bad Experiences With "My Kind" Before?

By Deskin Law Firm

Can Remarks About My Age Be an Indicator of Discrimination Against Me?

I have been working in a gym for 2 years as a trainer and before that I worked as a manager of gyms for the last 15 years. They promised me that I would be promoted to be a manager within a year. The new owner of the gym says that I am "too damn old to do the job." I am 42 years old! Is this legal?

By Deskin Law Firm

Can my employer require me to work overtime?

Can my employer require me to work overtime?

By Deskin Law Firm
Yes, an employer may dictate the employee's work schedule and hours. Additionally, under most circumstances the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime.

Can my employer have a use it or lose it policy toward vacation time that has already accrued under CA Labor Code 227.3?

I have worked for the past nine years for a company in California. At the end of 2005, they sent a memo around that stated that from then on, we could only carry forward a week of our vacation. At the end of 2006, I had over two weeks coming. I was actually unable to take vacation because the situation in my department was such that my desk would not be covered if I did so.