Written on August 19, 2010 by admin
Filed Under: Labor Law
At the on set, an employment issue may be easy to handle and resolve. As the process goes on, you will come to a realization that you cannot do it by yourself especially when the issue involves termination.
If you have been wrongfully terminated, it will be an unwise idea to deal with your employer alone and agree on something without any legal aid.
Remember that your employer has on its side expert termination attorneys who will make everything possible to defeat your claim or give you less. At this stage, you need a termination laws attorney.
Laws on wrongful termination vary on every state. The appreciation of the facts and circumstances of each case also differ. Like the laws of California on wrongful termination is different from that of New York or Alaska.
Wrongful Termination under California Law
Wrongful termination means at its broadest, as any illegal termination under state or federal law. In its narrowest use, it means that which violates California’s “public policy”. It also means that which courts have ruled as based on illegal grounds.
The California courts have expanded the above definition to include termination that is caused by:
In California, wrongful termination is often difficult to prove. Unless and until an employee is hired pursuant to a union contract or an individual employment contract, the employer-employee relationship is considered to be “at will.”
However, the “at will” relationship can be modified either verbally or through custom or practice.
These modifications can be made through assurances for continued employment made by employer. It can also be modified if the company did not follow its policy on progressive discipline contained in the employment handbook. Their existence means that the employment relationship has been modified so that an employer could be required to establish “good cause” prior to terminating an employee.
As the individual facts and circumstances are considered in a termination claims, it is important that the employee keep copies of any appointing letters, employee handbooks or manuals and performance review so that the assessing attorney can better evaluate the facts surrounding your case.
Two Branches of Wrongful Termination Law
1. Wrongful termination in violation of public policy
This aspect of law provides the terminated individual with a cause of action against the employer based on strong public policy. Examples of this include:
· Anti-discrimination laws
· Whistle-blower protection laws
· Miscellaneous laws
The first two categories are self-explanatory. On the other hand, miscellaneous laws include, but not limited to, the following:
· California Family Rights Act which provides time off for serious health condition of the employee or a family member
· Pregnancy Discrimination Act which provides for time off for childbirth, and
· Other Labor Code sections that provide for time off for jury duty, for breast-feeding infants, for parents to visit their children’s schools.
Wrongful termination for “breach of implied contract”
The “at will” employee, in using this ground, must prove several factors such as employer’s consistent practice of progressive discipline and termination only “for cause”; length of employment; history of steady promotions and raises and employer’s violation of its own internal rules and procedures.
In terminating employees, employers in California must observe the substantial as well as procedural aspects of the law. Otherwise, it will result to wrongful termination.
Our California attorneys are reliable in providing expert advice and representation for those employees who experience wrongful termination. For more information, do log on to our website and seek the assistance of our legal staff.
Written on August 16, 2010 by admin
Filed Under: Labor Law
As the 2008 Presidential Election goes into high gear, people from cities such as Del Mar, Rancho Santa Fe and La Jolla in San Diego to cities such as Laguna Beach, Anaheim, Irvine and Yorba Linda in Orange County, from Santa Maria to Santa Barbara to Ventura and Oxnard, to Rancho Cucamonga, Fontana, Ontario, Riverside, San Bernardino, and Fullerton to Indian Wells, Palm Springs, Palm Desert and La Quinta both individuals and candidates are having questions about campaign election finance laws and are looking for a California campaign election finance lawyer who can advise them.
In the world of political campaign finance law, in the past few elections, the most important issue has been soft money. Today, soft money is still important, but it ranks with the money being raised and spent by national party committees and with the greater use of the internet, 2008 has brought individual contributions to a higher level of importance that ranks in importance with soft money and national party money.
While soft money or unregulated money can be spent for any advertising that stops short of expressly advocating the election or defeat of an individual, it is that broad definition that allows it to still be used in advertising that goes so far as to allow the advertising to mention a candidate, and virtually call him or her out for their position on an issue. Such advertising is in many cases blatant negative advertising.
Corporate and labor PACs raise money from restricted individuals. Labor PACs raise money from their union employees, corporation PACs from managerial employees and stockholders and their family members.
In the last 60 days before a federal election, PACs hands are untied and they can not only advocate political issues but also mention federal election candidates in their in their advertising.
Under the Federal Election Campaign Act, an organization becomes a political committee by receiving contributions or making expenditures in excess of $1,000 to influence a federal election.
A 527 Group (which falls into the category of soft money) avoids regulation by the Federal Election Commission because they allegedly use and raise money only for the advocation of issues. Because the line between issue advocacy and candidate advocacy is so thin, the use of these groups is a source of heated debate about soft money. These Groups are not bound by the same restrictions on PACs.
An example of a 527 Group in the 2004 federal election campaign was the Swift Boat Veterans for Truth which ran advertisements on television that blatantly attacked John Kerry. The Group was later fined by the Federal Election Commission for specifically advocating the defeat of John Kerry. But by then, the damage had already been done.
Different rules apply to state and local elections. An individual intending to campaign for any elected office needs to know election finance rules and should consult with a political campaign finance attorney as soon as possible in forming their campaign.
The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and Irvine and up to Ventura, Santa Barbara and San Luis Obispo. We also serve the Inland Empire cities of Ontario, Rancho Cucamonga, Temecula, Riverside and San Bernardino and all the cities in the Coachella Valley.
Visit our website at http://www.sebastiangibsonlaw.com if you have a
political campaign, election, campaign finance or other political election issue, we have the knowledge and resources to represent you as your California Election Lawyer and California Campaign Finance Attorney or your attorney in the areas surrounding cities such as any of the cities in the Coachella Valley including Palm Springs, Palm Desert, Cathedral City, Indian Wells, Yucca Valley, Joshua Tree, Rancho Mirage, Desert Hot Springs, Twentynine Palms, Thermal, Indio, Coachella, La Quinta, or cities in San Diego, and Orange County, such as La Jolla, Del Mar, Carlsbad, San Clemente, Newport Beach, Laguna Beach, Huntington Beach, Anaheim, Santa Ana, Buena Park, Rancho Cucamonga, Ontario, Riverside, Temecula or Fullerton.
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