Last updated 1 month ago
When you accept an employment position, you are required to provide your employer with several pieces of personal information, including your Social Security number, home address, and even your bank account information if you are opting for direct deposit. But just because you must provide these details does not mean you waive your right to privacy just by taking a job. Instead, your right to privacy is protected by federal and state constitutions and is even supported by “common” law. Continue reading to learn more about invasion of privacy in the workforce.
How Invasion of Privacy is Determined
In order to determine whether or not an employee’s right to privacy has been breached, the state and federal courts will look at two general areas: whether the employee has a reasonable expectation of privacy, and whether the employer’s conduct was unreasonable or intrusive.
Examples of Privacy Invasion
Employers can invade their workers’ privacy in a number of ways. Common examples tend to include video surveillance of the employees, employer eavesdropping, and monitoring of an employee’s computer use. However, most laws now maintain that employees do not have a reasonable expectation of privacy when it comes to company computers or Internet use, as most employers require their employees to sign a computer-use policy that prohibits personal use and certain Internet activities. Another example of employer privacy invasion is when an employer fails to promote a worker or disciplines them for activities that occur outside of the business premises.
Steps You Can Take
One of the first things to do if you believe that your privacy has been invaded by your employer is to hire an experienced employment lawyer. A qualified employment law firm or discrimination lawyer can help you file a claim against your employer for harm that is general or emotional in nature, but will not typically include the loss of income.
Make sure you are getting the legal representation you need by contacting the Advocacy Center For Employment Law in San Jose at (408) 600-1972. You can also schedule an appointment with our sexual harassment lawyers by visiting us online.
Last updated 1 month ago
The Fair Labor Standards Act maintains that covered non-exempt workers are entitled to a minimum wage of not less than $7.25 per hour—with overtime pay no less than one and one-half times the regular pay rate after completing 40 hours of work in a single week. Despite these federal standards, many employers misclassify workers in a way that prevents them from receiving the compensation they deserve. To learn what you can do if you suspect that your wage and hour rights are being violated, read through the topics discussed in this article.
Examples of Wage and Hour Violations It is important to educate yourself on common wage and hour violations in order to determine if your rights are being upheld. In most cases, a worker may be misclassified as a salaried or exempt employee, meaning that they are unable to obtain overtime pay and may not be given appropriate breaks for rest and meals. For example, if a manager is doing tasks that would normally be performed by an hourly-staff, the salaried employee may actually be owed overtime pay.
How Companies Are Held Liable Companies who are found guilty of misclassifying employees may be held liable for overtime pay and penalties, as well as the absence of breaks computed at up to 30 days of the employee’s daily pay rate.
Why a Lawyer Can Help Working with an employment law firm is the best way to determine if your wage and hour rights are being violated. Employment lawyers will review the details of your case and identify evidence of misclassification so that you can obtain payment for hours worked or provided breaks. In some cases, these lawyers will even represent your claims on a contingency-fee basis.
Are you not being paid for overtime hours? Let the San Jose wrongful termination and employment lawyers with the Advocacy Center For Employment Law educate you on your legal options by calling (408) 600-1972.
Last updated 1 month ago
When passed in 1938, the Fair Labor Standards Act was a landmark employment law, designed to protect the labor rights of US citizens. However, it was 30 more years before additional measures safeguarded workers regardless of race, gender, age, or religion. Though 75 years have passed since the Fair Labor Standards Act was approved, American workers must still fight for their rights. If you have been treated unlawfully in the workplace, you must speak up. This infographic offers information on your labor rights and how you can defend them. If you know of fellow workers in the San Jose area who need the help of an employment lawyer, please share this infographic with them.
Last updated 1 month ago
Last year, a former The Price Is Right model successfully won a wrongful termination lawsuit after her employer let her go for becoming pregnant. As a result of her lawsuit, she was awarded damages in the amount of $8.5 million. Now the show is making an effort to support their models when they decide to bring a new addition into their families.
In this video, former The Price Is Right model Brandi Cochran shares her wrongful termination experience. As she explains, as soon as she told her producers that she was pregnant, their reactions made her working environment uncomfortable, unwelcoming, and difficult to face. Following her maternity leave, the producers decided to terminate her employment contract even though she was able to work again.
The Advocacy Center for Employment Law is equipped with the skills and experience to handle your wrongful termination lawsuit. To schedule a consultation at our San Jose law firm, call (408) 600-1972.
Disclaimer:The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 2 months ago
The term sexual harassment encompasses a wide range of inappropriate behavior in which an employer engages in unwelcome sexual advances or requests sexual favors of an employee. In most sexual harassment cases, an employer either implicitly or explicitly conveys to an employee that his or her career status is tied to how receptive he or she is to these sexual advances. Even though sexual harassment is extremely common, there are still many inaccurate myths surrounding this serious offense.
Myth: Sexual harassment is rare. According to research conducted by the Counseling and Testing Center at the University of Oregon, approximately 40% to 60% of female workers are victims of sexual harassment. Unfortunately, the seriousness of this offense is often downplayed, making it more difficult for victims to feel comfortable protecting themselves against such behavior.
Myth: Sexual harassment is provoked. There is a common misperception that women who are sexually harassed at work bring it upon themselves by dressing, behaving, or looking a certain way. In reality, victims of sexual harassment don’t fit one standard profile of appearance. They vary in age, dress, personality, and physical appearance. The only common factor in these sexual harassment cases is that 99% of victims are in fact female.
Myth: Sexual harassment is limited to women. Even though the majority of sexual harassment cases involve women, the Equal Opportunity Employment Commission reports a growing number of claims involving men in the last 15 years. This growth could be related to an increasing number of female bosses in the workplace. However, it may also be attributed to men beginning to feel more comfortable about reporting unwelcome sexual advances than they were in previous years.
If you feel that you have been the victim of sexual harassment at work, contact the Advocacy Center for Employment Law at (408) 600-1972. Our dedicated employment lawyers can help you understand your rights and help you live without these unwanted sexual advances. You can find out more about the services offered at our San Jose office by taking a look at our website.
Disclaimer: The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.