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legal news & tips for employees published by Law Office of Eugene Lee

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What Break Periods Am I Entitled To?

What Break Periods Am I Entitled To?

Under California law (which is much more generous to employees than federal law), if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you ...

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Can My Employer Break My Employment Contract? Can I?

Can My Employer Break My Employment Contract? Can I?

Whenever it comes to contracts, the answer is always the same: it depends on what the contract says. A contract is a contract is a contract. Neither you nor your employer can breach a contract without facing the consequences. That is, unless the contract says it's ok. This is why ...

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Top 5 Tips: So You Want to Sue Your Boss?

Top 5 Tips: So You Want to Sue Your Boss?

So you want to sue your employer for racial discrimination, sexual harassment, whistleblower retaliation, failure to pay you your last paycheck, what have you. Now what? Here are five tips all clients should keep in mind before they pick up the phone to call a lawyer. Tip 1: Write it, don’t ...

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Can My Boss Fire Me at Any Time for Any Reason? What is “at will”?

Can My Boss Fire Me at Any Time for Any Reason? What is “at will”?

"At-Will". California is an "at-will" employment state. What does this mean? In most cases, it means that your boss can fire you at any time for almost any reason or no reason at all. She can fire you because she doesn't like you thinks you're too tall or short thinks you talk too ...

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Background Checks — What Are My Rights?

Background Checks -- What Are My Rights?

If you're applying for a job, or want to keep one, you're going to have to accept that background checks are becoming a part of work life. An estimated 50% of resumes submitted by job applicants contain false or inaccurate information. Bad employees who slip through the hiring process can ...

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The Importance of the Judge to Your Lawsuit

The Judgment of King Solomon

Remember the tale of King Solomon and the dispute over the baby? The tale is recounted in the Bible in 1 Kings 3:16-28. According to the tale, two prostitutes who lived together each had an infant son. One prostitute accidentally smothered her son while sleeping, and then switched her dead son for the other prostitute’s live son. (more…)

When Creditors Come Knocking: Asset Protection Tips for Employees

The following article was contributed by our friends at the trusts and estates law firm, The Law Offices of Ernest J. Kim

In the current economic climate, many employers are no longer able to generate the same (more…)

Leave Rights in California: Part 2

Getting hurt or sick is no fun, but what’s worse is worrying that you’ll lose your job if you take time off to recover. That’s why employee medical leaves are protected under both the federal Family and Medical Leave Act (FMLA) and the analogous California Family Rights Act (CFRA). (more…)

Leave Rights in California: Part 1

Getting hurt or sick is no fun, but what’s worse is worrying that you’ll lose your job if you take time off to recover. That’s why employee medical leaves are protected under both the federal Family and Medical Leave Act (FMLA) and the analogous California Family Rights Act (CFRA). (more…)

Filing a Discrimination Complaint in California

In California, employees who wish to file a discrimination lawsuit cannot do so until they first file “charges” with the federal Equal Employment Opportunity Commission (EEOC) and/or the California Department of Fair Employment & Housing (DFEH) and obtain “right to sue” letters. This process is called “administrative exhaustion”. (more…)

Sexual Harassment in California

It’s hard to believe that sexual harassment still occurs in the modern workplace, but it does. Luckily, Federal and California state laws offer powerful protections against workplace sexual (more…)

Discrimination Laws in California

Both Federal and California laws prohibit discrimination in the workplace based on an employee’s “protected characteristics”. Under California’s broad, pro-employee laws (perhaps the best in the US), “protected characteristics” mean: “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, (more…)

How to Read an Employment Contract: Part 2

Not all employers use employment contracts and not all employees get one. When employment contracts do come into play, they can come in all shapes and sizes. Sometimes they are not written down but have to be pieced (more…)

How to Read an Employment Contract: Part 1

Not all employers use employment contracts and not all employees get one. When employment contracts do come into play, they can come in all shapes and sizes. Sometimes they are not written down but have to be pieced together from multiple conversations and emails. Other times, they can be hundreds (more…)

How Much Time Do Lawsuits Take?

“You’ll be hearing from my lawyer!” Famous last words. But what does bringing a lawsuit really mean? Make no mistake about it, a lawsuit can be a big commitment, not just in terms of money, but also in time. Your time. (more…)

Free Pamphlets on Labor and Employment Laws

The California Department of Fair Employment and Housing (DFEH) publishes numerous free pamphlets on California labor and employment laws. These pamphlets provide a brief but helpful and easy-to-understand explanation of employee rights under (more…)