FAQ 2017-08-21T16:01:57-07:00

Frequently Asked Questions

Below are the issues frequently involved in our employment cases.  For each category, you will find a link that outlines the most common inquiries for which we have the expertise to get our Clients the relief they seek.  More often than not, we get good results for our Clients without ever filing a lawsuit or making a public record of the dispute.  We specialize in pre-litigation negotiations to obtain favorable severance packages, back pay, and/or an improved working environment for our Clients.

My employer treats me as an independent contractor (with a 1099 instead of a W-2, no employee benefits, or payroll withholdings), is that legal?

What is “at will” employment?

My offer letter/Employee Handbook has an “Arbitration” clause; what are my rights?

I just received a Performance Improvement Plan (“PIP”); can you help me?

What rights do I have as an employee in California against my employer?

I was just fired and need to know my legal options and rights.

I was just laid off/part of a reduction in force/elimination of my position; can you help me improve my severance offer/Separation Agreement?

How do I get around “at will” employment in connection with my recent termination?

How long do I have to file a lawsuit for wrongful termination?

I complained about working conditions and believe I was fired as a Whistleblower.

Am I properly classified as an “Exempt” employee?

Am I entitled to overtime pay?

Am I entitled to shift or other premium pay?

What rights do I have for a meal period?

What rights do I have for rest periods?

I am being treated differently because of my race, gender, age, disability, sexual orientation, religion, marital status, veteran status, gender identity, pregnancy, or other “protected” class; can you help me?

I was denied a promotion due to my protected class.

I was demoted due to my protected class.

I was denied an employee benefit, including training and mentorship, because of a protected class.

I complained to Human Resources/manager about discrimination and was fired or subjected to an adverse employment action.

Even though I have not suffered any monetary loss, I am subjected to verbal abuse due to my race, gender, age, disability, sexual orientation, religion, marital status, veteran status, gender identity, pregnancy, or other “protected” class; is that legal?

I was asked for a sexual favor by someone I work with and am now being treated worse at work.

Must I complain to Human Resources/manager about sexual or other harassment?

The harassment is affecting my ability to do my job.

I was wrongfully accused of harassing someone and need an attorney to help me through the investigation process.

I am disabled.

I need a change at work to be able to perform the essential functions of my job.

My doctor gave me work restrictions that are not being honored.

I have suffered further injury because my work restrictions have not been honored.

Instead of accommodating my disability, my employer is targeting me for wrongful discipline and termination.

My employer let me go/fired me/included me in a “Reduction in Force” “Layoff” “Elimination of Position.” I need help negotiating a better severance package.

I may be fired and want help negotiating a severance package.

What goes into a reasonable severance package?

Must I agree to a “non-compete” to receive a severance package?

I want to quit my job with a severance package.

I need help negotiating an Employment Agreement.

My employer gave me an offer letter. Is it negotiable?

I have an Independent Contractor/Consultant/Consulting Agreement and need help negotiating better terms.

My employer has breached its Employment Agreement/Contract with me and I want to resolve this dispute.

I want to hire you to draft an Employment Agreement/Contract for me.

I have a Commission agreement and want to negotiate better terms.

Can you help me recover unpaid commissions or bonuses?

What rights do I have in obtaining my commission or bonus after termination?

Do I have a case if my coworker gets a better commission or bonus plan than I do?

What are fair terms to include in a commission or bonus plan?

I am in a Hostile Working Environment and want it to stop; can you help me?

I am being treated unfairly in the terms, conditions, performance reviews at work and need your advice.

I have tried to get help from Human Resources/Manager, but my complaints are being ignored or mishandled.

Can you help me negotiate an exit/severance package where I can resign and still be eligible for unemployment insurance compensation benefits?

Even if you cannot bring a legal action for me, I could benefit from your practical advice in dealing with an unfair work situation.