Category Archives: Employment Law
As an employee at your workplace, you have certain privacy and personal rights, but your employer also has certain rights when it comes to ensuring the safety of the workplace. Many employees and job applicants will be required to take a drug test at some point in their careers. Your employer will want to deter employees from drug use because it may cause a decrease in productivity and absences from the job itself. However, it’s important for you to know when an employer is legally allowed to ask you for a drug test. When Can My Employer Give Me a Drug Test? Many private employers will ask new hires to take and pass a drug test as a specific employment condition. As a prospective employee, you do have the right to decline a drug test, but this refusal will usually result in you having to give up the job offer….
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As an employee in California, there are many ways that your employer could take advantage of you. Physical discrimination and harassment happen often, and they may be easier to spot and take action on. However, there are other forms of discrimination that are easier for employers to get away with. Wage theft is a common crime that California employers commit, and one of the most frequent examples of this is employee misclassification. What is Employee Misclassification? Employers can try to misclassify or miscategorize an employee in order to gain some kinds of illegal employer benefits. Once an employee is misclassified, they are usually denied access to important benefits and legal protections that they are entitled to under employment law. These lost benefits could include: Minimum wage Overtime payments Family and medical leave Unemployment insurance Safe work environments What Are the Main Types of Employee Misclassification? As a worker, you could…
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If you are a business owner, you have probably run into a few business disagreements along your path. In a business, there are many contracts that need to be signed and determined, which means that there will also be various business disagreements and possible breaches of contracts. A breach of contract doesn’t have to result in a business lawsuit, but it can help to know what your defenses would be if a lawsuit were to occur. What Are My Defenses After a Breach of Contract? One common way that a breach of contract could occur is if one of the parties decides to not sign the business agreement. A contract can be void if one of these parties is also coercing, threatening, creating false statements, or illegally persuading another party. There are a few defenses that could help in this situation: Signing under duress: To claim this defense, one of…
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