Posted by Eric Kingsley | Jul 12, 2022 |
Using an employment lawyer can be costly. Even when employees face discrimination, harassment, retaliation or other mistreatment at work and have a solid case, hiring a lawyer and incurring expenses relating to litigation can be cost-prohibitive. In addition to the money issue, there is also the ...
Posted by Eric Kingsley | Jul 11, 2022 |
Wrongful termination is said to have occurred when an individual has been fired for reasons that are illegal such as those pertaining to discrimination or harassment. In other words, an employee who has been terminated illegally, in violation of state or federal laws, can file a wrongful terminat...
Posted by Eric Kingsley | Jul 09, 2022 |
Harassment in the workplace is illegal under California as well as federal laws. It is a form of discrimination that exhibits a pattern of unwelcome behaviors toward employees, creating a hostile work environment. Often, workplace harassment is behavior that targets employees based on their rac...
Posted by Eric Kingsley | Jan 03, 2022 |
Discrimination in the workplace is more common that we might think it is. An employment discrimination lawsuit is adjudicated in civil courts. This means that the plaintiff, in such cases, the employee, has the burden of proof. In other words, he or she must show evidence that there was discrimin...
Posted by Eric Kingsley | Aug 08, 2021 |
Unfortunately, We Cannot Assist With Unemployment Claims. Those Who Have Been Wrongfully Terminated Are Encouraged To Contact Us.
The coronavirus pandemic is shaking the entire nation to the core as no other event has in recent history.
Employees are facing significant and frightening challenges ...
Posted by Eric Kingsley | Aug 07, 2021 |
FMLA stipulates that covered employers must allow an eligible employee to take up to 12 weeks of unpaid, job protected leave for specific family or medical reasons. Here are several questions and answers that will help you to gain a better understanding of The Family and Medical Leave Act.
What A...
Posted by Eric Kingsley | Jul 01, 2021 |
Federal and state laws prohibit harassment in the workplace on the basis of protected characteristics such as race, color, religion, sex (including gender identity and pregnancy), national origin, age, sexual orientation, color, or genetic information. Under Title VII of the Civil Rights Act of 1...
Posted by Eric Kingsley | Apr 01, 2021 |
Wal-Mart will pay $40,000 and provide additional training to its managers to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). According to a Tulsa World news report, the lawsuit involved an employee who was born with a congenital amputa...
Posted by Eric Kingsley | Mar 29, 2021 |
Self-Audit For FLSA Violations
On March 6, 2018, the U.S. Department of Labor (DOL) announced that it would soon be implementing its Payroll Audit Independent Determination (PAID) program. The PAID program will permit employers to self-report potential Fair Labor Standards Act (FLSA) violations w...
Posted by Eric Kingsley | Mar 29, 2021 |
California employers face an ongoing challenge in keeping up with federal and California wage and hour laws that regularly change. Large employers may face stiff penalties for seemingly small violations or claims for unpaid wages increasing exponentially since wage and hour claims often accrue on...
Posted by Eric Kingsley | Mar 29, 2021 |
California employers are obligated to pay the wages of an hourly employee for all time that the employee is under the control of the employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so. In Industrial Welfare Commission Orders 4 and 5...
Posted by Eric Kingsley | Mar 21, 2021 |
As the use of part-time employees and independent contractors continues to grow in California, it is critical for employers to understand the differences in types of employment status. One tool at an employer's disposal is the IRS 20-factor test, used to determine whether sufficient "control" is ...
Posted by Eric Kingsley | Mar 19, 2021 |
If you can successfully prove that your employer wrongfully terminated you, you may be able to recover damages for your financial loss, future financial losses, punitive damages, and suffering. There are several key questions that must be answered to determine if you have a legitimate claim again...
Posted by Eric Kingsley | Mar 19, 2021 |
When an employee is terminated from his or her job in California, he or she does have certain rights.
For example, an employee who has just been fired or laid off has the right to receive a final paycheck and has the option of continuing health insurance coverage in addition to being eligible for...
Posted by Eric Kingsley | Mar 18, 2021 |
If you have been wrongfully terminated from your job, or if you are being harassed, discriminated or face a hostile work environment, you may be overwhelmed thinking about how to fight for your rights and hold your employer or former employer accountable.
When you are looking for a Los Angeles em...
Posted by Eric Kingsley | Mar 18, 2021 |
Whether you are a survivor of sexual assault or sexual harassment in the workplace, coming forward with your story can be one of the most difficult things one can do in life. A reluctance or hesitation to come forward with allegations is a common reaction from someone who has endured sexual haras...
Posted by Eric Kingsley | Mar 05, 2021 |
When a manager or supervisor in your workplace engages in sexually harassing behavior, it could have a devastating impact on not just the victim, but also the entire workplace. An employer who does not foster a healthy work environment and allows such behaviors to continue in the workplace may fa...
Posted by Eric Kingsley | Feb 26, 2021 |
In California, employers who violate wage and hour laws can be slapped with severe penalties.
In any type of action against your employer for unpaid wages, you will be seeking monetary compensation for the wages you should have been paid or the wages you were rightfully owed by your employer for ...
Posted by Eric Kingsley | Feb 25, 2021 |
If you have been harassed or discriminated against at work, face a hostile work environment, or have been wrongfully terminated from your job, you may be wondering how to fight for your rights and hold your employer accountable. When you are looking to retain the services of an experienced and kn...
Posted by Eric Kingsley | Feb 25, 2021 |
The California Family Rights Act (CFRA) (Gov. Code, § 12945.2) provides unpaid job protection rights for up to twelve work weeks of qualified family leave. A California labor and employment attorney at Kingsley & Kingsley can help you with the law. The CFRA provides job protection benefits for qu...
Posted by Eric Kingsley | Feb 15, 2021 |
Sexual harassment occurs in places where it is tolerated. An environment where such behaviors are allowed to continue unchecked is ripe for abuse, harassment and discrimination. Oftentimes, the individual who is harassed may not even be certain that he or she is being harassed in the workplace be...
Posted by Eric Kingsley | Feb 03, 2021 |
The first question many may ask as they contemplate filing a wrongful termination lawsuit is what the average wrongful termination settlement might be.
The answer, as always, is that the amount of the settlement, or the value of a wrongful termination case, depends on a number of factors as well ...
Posted by Eric Kingsley | Feb 01, 2021 |
An employment lawsuit in California typically stems from a dispute that arises between an employer and an employee. This could be over harassment or discrimination in the workplace, a dispute over wages, retaliatory action or wrongful termination. The types of monetary damages you receive in an e...
Posted by Eric Kingsley | Feb 01, 2021 |
Employment lawsuits, particularly those that involve discrimination, could take a long time to get resolved. If you have been in any type of legal dispute, you know that any process involving the law and courts could move at a frustratingly slow pace.
Typically, a discrimination lawsuit in a Cali...
Posted by Eric Kingsley | Jan 18, 2021 |
The statute of limitations is a specific time period allotted for filing certain types of lawsuits. Each type of legal action has a specific filing deadline. If a lawsuit is not filed within this deadline, your lawsuit may not be accepted or heard.
After the statute of limitations has run on the ...