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    A Brief Look at Severance Negotiations

    Last updated 12 months ago

    By law, employees who are being let go from their jobs are subject to a certain amount of notice. If the company is downsizing and wants to shed excess employees, those workers may be able to negotiate a severance package and receive a favorable payment along with their exit.

    If your company presents you with a severance agreement right off the bat, it may be more financially prudent not to accept their first offer. This is because the initial package is often construed to be in the employer’s best interest. Read the contract slowly to ensure to ensure that you are not signing away important rights such as the ability to ask for a reference. If you have any questions, consult a local attorney to see if a higher severance package may be available.

    The Advocacy Center for Employment Law is a San Jose-based firm whose lawyers have been practicing northern California personnel law for over 30 years. We carry an Avvo rating of 9.0 and often work on a contingency fee basis. Contact us today at (888) 703-2911 to see how our team of wrongful termination lawyers can help you make the most of your severance package.

    Sexual Harassment in the Workplace

    Last updated 1 year ago

    Feeling uncomfortable in the workplace can affect your performance and moral. Fortunately, there are numerous laws that protect employees from sexual harassment in the workplace. This video provides the full legal definition of sexual harassment and explains the difference between a hostile work environment and quid pro quo harassment situations.

    Sexual harassment includes inappropriate jokes, touching, comments, and remarks of a physical, verbal, or visual nature that all have a sexual theme. Quid pro quo harassment involves a situation wherein a sexual act is leveraged to force a victim to engage in sexual acts he or she would not otherwise consent to. Meanwhile, a hostile work environment is a pervasive setting filled with inappropriate comments and intimidating behavior.

    If you need to speak to an employment law attorney in Northern California, look no further than the Advocacy Center for Employment Law. We have more than 30 years of experience with California and federal cases. Our team of wrongful termination and sexual harassment lawyers can help with a myriad of workplace harassment and privacy issues, so call our San Jose office today at (888) 703-2911.

    What You Need to Know About Employee Rights Under the Fair Labor Standards Act

    Last updated 1 year ago

    U.S. employment laws protect workers by setting minimum conditions for hours and pay. Any companies that violate congressionally-set rules can be held responsible in a court of law. Wronged employees may be entitled to financial damages and back pay for any benefits they missed. This is a look at the basics of the Fair Labor Standards Act (FLSA):

    Minimum Wage

    One of the most important parts of the FLSA is that is created a standard minimum wage paid for all hourly work throughout the country. While each state has the right to increase the minimum wage as they see fit, no employer in the United States can pay an employee less than the federally mandated amount. As of 2009, the wage amount is $7.25 per hour, unless the job allows the worker to earn more than $30 a month in tips.

    Overtime

    The FLSA explicitly states that all employees who work more than 40 hours per week are entitled to overtime at time-and-a-half pay. Certain types of labor classes are exempt from this requirement, but it generally applies to most hourly workers. If you suspect that your employer is intentionally short-changing you on your salary, consult a local employment attorney to file a claim under FLSA.

    Child Labor

    When Congress passed the FLSA in 1938, one of its chief aims was to prevent the problem of cheap and exploitative child labor throughout the United States. This law made it illegal to hire children under the age of 16 to work in all non-farming jobs.

    If you live in California and suspect that your employer is shortchanging your wages or committing other illegal acts, consult the skilled team at the Advocacy Center for Employment Law. We are a San Jose-based firm with decades of experience helping workers of all wage levels receive proper compensation. Call our office today at (408) 600-1972 to schedule an evaluation of your claim.

    Steps to Take If You Are the Victim of Sexual Harassment At Work

    Last updated 1 year ago

    Inappropriate gestures, touching, jokes, and assault all fall under the umbrella of harassment. In the office, these actions are often sexual in nature. Here are just some of the steps you may want to take if you suspect that you are the victim of a sexual harassment in the workplace:

    Create a Paper Trail

    If a co-worker makes you uncomfortable through gestures, lewd remarks, or inappropriate emails, write down the specifics of the event while it is still fresh in your mind. Note the date, time, location, and any other details that you may remember. These details will become helpful should you choose to file a complaint. If possible, attempt to stop future behavior by asking your harasser to stop. If he or she refuses, note that information as well.

    Notify Human Resources

    If your company has a human resources department or equal employment office, notify the appropriate staff about the harassment as soon as possible. These individuals may be able to take administrative actions to adjust your chain of command so that you no longer have to face your harasser on a daily basis. You can use the factual information you jotted down after the incident to make a calm case and ask for reassignment or repercussions for the harasser.

    Consult a Local Attorney

    If the human resources department chooses not to pursue your claim, you have other legal options. Both state and federal laws prohibit sexual harassment in the workplace. If you believe that you work in a hostile or unsafe environment, you may be able to sue your employer for financial damagers. Consult a local attorney to see if your situation rises to the level of an illegal offense.

    The Advocacy Center for Employment Law understands the pain and trauma associated with sexual harassment. No man or woman should have to tolerate this behavior at work. Thankfully, California and federal laws apply to millions of victims. If you live in the San Jose area and need legal advice about your specific circumstances, contact us online or call (408) 600-1972 to schedule your consultation.

    Employee Rights 101

    Last updated 1 year ago

    While many employees may feel otherwise, all workers have a certain number of rights that cannot be taken away from them by overbearing bosses or greedy businesses. Companies that infringe on these rights can be sued for financial damages until they change their ways.

    One of the most important worker rights is freedom from discrimination on the basis of race, religion, disability, sex, national origin, and veteran’s status. Employees should also not face harassment or inappropriate remarks from employers due to any of these categories. If workers feel that they are in a hostile work environment, they have the right to hold their employer accountable in a court of law.

    Rigorous state and federal law statutes protect California employees in the event of harassment of abuse. The Advocacy Center for Employment Law has been helping San Jose and Bay Area workers stand up for their rights for over twenty years. Dial (888) 703-2911 today to schedule a consultation with an experienced employment lawyer in San Jose.

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