California consumers have a legal right to immediately cancel contracts under a variety of contractual law theories. Contracts can be terminated for fraud, fraudulent executon (Jones v. Adams Financial Services (1999) 71 Cal.App.4th 831, 839), mistake, undue influence, breach, illegality,nonconformity, and unconscionability. (Civ. Code §§ 1670.5(a), 1689(b), 1793.2(d), 1793.22(b)). However, in a number Read more…
Many companies rely upon unpaid interns as a way to minimize costs and provide opportunities to eager workers who are willing to work for free in hopes of ultimately securing a paid position. However, such an approach is risky, and more than likely, illegal in the state of California. The Read more…
A good start in any discussion about pursuing a hostile work environment discrimination claim is letting everyone know that, generally and absent special circumstances, your boss, co-workers, employer-owner, vendors, and customers can treat you rudely, demeaning, offensively, and can, generally, treat you like dirt. You have no claim to make Read more…
Registered Veterinary Technicians (RVTs) are a paraprofessional class of employee that assist veterinarians in the health care of animals and the analysis of animal disease. To be a RVT, one must have completed a Veterinary Medical Board (VMB)-approved education and training program and passed a State of California licensing examination. RVTs Read more…
It’s a predicament that every employer and business owner has found themselves in; ensuring that they are compliant with the Industrial Welfare Commission’s (“IWC”) orders on Rest and Meal periods while simultaneously maintaining a desired level of client service and operational efficiency. The general rule in California is that non-exempt Read more…
At-will employment is the default doctrine of California employment law. It defines the most common employment relationship where either party may mutually terminate the relationship without the fear of liability. Under this legal doctrine, any hiring by an employer is presumed to be at will, meaning that the employer is Read more…
There are many benefits to using independent contractors, including in a veterinary practice, but the risks and penalties are increasingly the subject of litigation, enforcement actions by government agencies, and the subject of other workplace claims. Part I of this two part article will discuss the dangers and risks of Read more…
Our law firm receives dozens of inquiries a week from current and former employees who suffered some form of discrimination at the hands of their employer, supervisor, co-worker, or vendor. As unbelievable and depressing as that sounds, it is the truth – many people still face discrimination, harassment, intimidation, and Read more…
With a dire employment market, many former employees are getting paranoid about the information being provided by former employers and supervisors when the employee is trying to get hired elsewhere. If the employer provides untruthful information during the reference check process, it could result in a multitude of potential claims Read more…
On October 9, 2011, Governor Jerry Brown signed SB 459 which adds section 226.8 to the Labor Code and provides courts, the Labor Commission and Workforce Development Agency (“state”) the authority to issue severe penalties to employers that engage in “willful misclassification” of an individual as an independent contractor. These Read more…