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    Surviving Disciplinary Actions in the Workplace

    Last updated 11 months ago

    Minor workplace infractions happen everyday across the United States, and many times the disciplinary actions taken in response to them are anything but reasonable. Unfortunately for many American workers, a small professional misstep can result in unfair disciplinary actions or termination. Even if you address the behaviors that led to your workplace discipline, you may receive undue punishment regardless of your corrective measures. That’s why employment law experts advise workers who have been subjected to overly aggressive disciplinary actions to take seek legal aid.

    Document the Disciplinary Process Key to protecting your job and professional reputation is documenting all pertinent information regarding your workplace discipline. From the initial behavior that prompted your reprimand or demotion to all communications between you and your employers, it’s important to record every disciplinary event in detail.

    Request Your Human Resources File Your employer’s human resources department will also keep a record of your behavior and the ensuing disciplinary actions. You have the right to see what is being said about your workplace performance—especially if your job security is hanging in the balance. To obtain all essential documents, ask for your personnel file. If the human resources department refuses to release it to you, immediately consult a wrongful termination lawyer.

    Contact a Wrongful Termination Lawyer Even if the human resources department hands over your employee documents, you should consider speaking with an employment law expert. A lawyer can be a helpful mediator between you and your employer and ensure that you are being fairly treated at work, regardless of previous infractions. A wrongful termination lawyer can also see to it that your efforts to correct prior grievances are properly recorded for your benefit.

    Are you being unfairly disciplined at work? Call the Advocacy Center For Employment Law at (408) 600-1972. Our team of employment law specialists will fight for your employee rights and proper treatment at work. We encourage San Jose area residents to contact us for a free legal consultation.

    To Learn More About Employer Invasions Of Privacy And Wage And Hour Disputes, Be Sure To Visit These Websites

    Last updated 1 year ago

    A number of employers abuse or misunderstand the laws that regulate employee treatment and compensation. Read over these links from around the Web for more information on invasion of employee privacy and ways in which an employee’s wage and hour rights may be violated.

    • Is lifestyle monitoring by an employer considered an invasion of privacy? Explore this article from CBS News to get the facts.
    • Many people worry about how their Facebook and Twitter accounts may impact their employment. Check out this article from to learn how employers are invading social media privacy.   
    • The Fair Labor Standards Act is designed to protect your employee rights, including wage and hour rights. Learn more about the Fair Labor Standards Act by reading over this link from the United States Department of Labor.  
    • What exactly does wrongful termination entail? Find out with this article from

    Give the Advocacy Center For Employment Law a call at (408) 600-1972 for more information about our San Jose employment law practice areas.

    Suing an Employer for Wrongful Termination

    Last updated 1 year ago

    There are specific laws that employers must adhere to when it comes to terminating or firing one of their workers—but that does not mean that these laws are followed by every company. This video provides an overview of the process of suing an employer for wrongful termination.

    The first steps to take if you think you have been wrongfully terminated are to research your state and federal laws and review your company’s handbook. You will then want to obtain any records from your company which may support your case before filing a complaint with the U.S. Department of Labor. You can learn more about the benefits of working with an employment law firm by watching the full clip.

    Don’t let your employer’s misconduct keep you out of a job. Contact the Advocacy Center For Employment Law through our website, or call our San Jose office at (408) 600-1972 to get started today.

    Invasion of Privacy: When Personal Life Affects Employee Treatment

    Last updated 1 year 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.

    Are Your Wage and Hour Rights Being Violated? If So, Call Our Employment Lawyers Today

    Last updated 1 year 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.

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