Loss of Earnings due to Wrongful Termination
In order to bring a lawsuit for wrongful termination, the terminated employee must show that s/he was terminated due to an illegal reason. In California, examples of illegal reasons to be terminated include, being fired due to one’s race, religion, gender, sexual orientation and/or disability. If a fired employee is able to establish that s/he...
Read MoreExempt v. Non-Exempt Employee in California
When you are hired by an employer as a regular employee, depending on your job duties you will be classified as either an exempt employee or non-exempt employee. The primary difference between an exempt employee and a non-exempt employee is that an exempt employee is not paid overtime nor is the employer required to give...
Read MoreI Have a Judgment. Now What?
As anyone can tell you that has been through a lawsuit, it is a long, challenging and arduous experience. Starting from the filing of the complaint, serving the defendant(s) with the complaint, conducting written discovery and depositions to the trial, there are many obstacles in the way of obtaining a judgment against a defendant. Assuming,...
Read MoreThe Rinka Law Firm Has Filed an Unsolicited Fax Lawsuit
The Rinka Law Firm has joined The Law Offices of Thomas W. Falvey and Knapp, Petersen & Clark, LLP in filing a Telephone Consumer Protection Act (“TCPA”) action against I Care Credit d/b/a ICare Financial. Below is the information posted on the website for The Law Offices of Thomas W. Falvey: Vu v. ICAre Financial (U.S. District Court...
Read More2018 California Employment Law Changes
Just like every new year in California, changes in the law are in store for California employers and 2018 is no different. With the ringing in of 2018, Californians can expect changes to their pay checks and employers with have to be more conscientious when interviewing. Here is a list of significant employment law changes...
Read MoreWhat Happens if I Miss My Meal and Rest Periods?
Under California law, an hourly employee who works six or more hours a day is entitled to an unpaid and uninterrupted 30 minute meal period. During this 30 minute meal period, the employee is not required to perform any work related activities. However, if the employee does not take the 30 minute meal period that...
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