Legal Questions Answered

Can My Employer Fire Me For Being Pregnant And Having Back Problems?

My employer fired me claiming I was not fulfilling my duties properly because I could no longer move boxes in the warehouse were I had been working. I was pregnant at the time and I had told my boss that my back was given me problems but I was still showing up to work everyday. By Deskin Law Firm The law states that failing to accommodate a pregnant employee's request for transfer to less strenuous or hazardous duties may constitute discrimination, especially if her health care provider advised her to... Read more...

Am I an Independent Contractor or Employee?

I have been working for a company for three years and they have me on the payroll as an independent contractor. It seems like they should be paying me benefits and social security, but they are not. When I got pregnant, they started hinting at laying me off. Is that legal? By Deskin Law Firm Discrimination laws require there to be an employment relationship for them to apply. That is different than an independent contractor relationship. But just because your employer calls your relationship an independent contractor relationship, does not... Read more...

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 There is often a correlation between higher pay and age, so the fact that highly paid employees are treated adversely does not itself prove age discrimination. Employers can make business decisions based on other factors - like terminating employees because of seniority or high pay - even though this may affect more... Read more...

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. What are my rights? By Deskin Law Firm If vacation pay is provided as... Read more...