Areas of Practice
Whether someone works in construction, retail, restaurant, or in an office, injuries can occur from a specific event or as a result of continuous exposure to physical and/or mental demands of the job. In California, employers are required to provide workers' compensation insurance coverage. An attorney who understands the complexity of work related injuries and workers' compensation law can help injured workers navigate through the workers' compensation system, and protect their rights.
EMPLOYMENT BACKGROUND CHECK REPORT ERRORS
In a digital information age when information about job applicants and employees are swiftly compiled from numerous databases, regulations to ensure the accuracy of these employment background check reports is quintessential. Under the Fair Credit Reporting Act, background check companies are required to use reasonable procedures to assure maximum possible accuracy when procuring employment background check reports. In addition, employers are required to obtain authorization and give notice in a stand alone document consisting of only of the disclosure, before procuring a background check report for employment purposes. Furthermore, when using information in the background check report to take negative action against employees or job applicants, employers must timely provide pre-adverse action notices and adverse action notices.
EMPLOYMENT DISCRIMINATION & WHISTLEBLOWER RETALIATION
In California, although employment is generally considered to be "at will", there are many exceptions to this rule. The way employers and employees interact can be subject to both Federal and California discrimination laws. Generally, California discrimination laws under the Fair Employment Housing Act provides greater protection for employees and job applicants against discrimination. However, each case must be evaluated on a case by case basis.
Retaliation against employees who report reasonable suspicions about violations of law or regulations, and retaliation against employees who refuse to participate in violations of law or regulations, are prohibited. California has several whistleblower protection laws including but not limited to Labor Code Section 1102.5 which not only protects employees who report violations of law or regulations to government or law enforcement agencies, but also employees who report violations internally to a person with authority over the employee, to another employee with the authority to investigate, discover, or correct the reported violation, or externally to any public body conducting an investigation, hearing, or inquiry.