January 2006

WIN AT WORK MONTHLY

 

A Community Service of

SESSIONS & KIMBALL LLP, Employee Rights Attorneys

 

 

Win at Work

 

Employee Rights Update

 

FIRING MAY BE BETTER THAN RESIGNING

 

            No one likes to be fired, but think twice before you try to prevent it by quitting.  It’s true that resignation sounds better to a prospective employer.  However, you can always use the neutral term “reorganization” to characterize your departure. 

            By resigning, you may harm your rights for unemployment compensation and wrongful termination claims against your employer. 

            If you think you may be fired, you should evaluate your rights.  Has there been a hostile or discriminatory work environment, unpaid salary, bonus, commission, overtime, or unfulfilled promises? 

            If so, you may have valuable claims, especially if you complain (preferably in writing) before you are fired.  Then, if you get fired, you’ll not only have claims concerning wrongs committed during your employment, but a claim for wrongful termination, which may be the most valuable of all. 

            Though it may seem a strange victory, being fired in this case may be better than resigning. 

 

 

FILING A CLAIM FOR MEAL PERIOD VIOLATIONS

 

            Generally, a one-half hour meal break must be provided when five or more hours are worked.  Unless an exception applies, an additional hour of pay is owed when a meal break is not provided.  Currently, it is unclear how much time an employee has to file such a claim. 

            The State Labor Commissioner has held that meal period claims filed with the Labor Commissioner must be filed within one year of the violation.  In Murphy v. Kenneth Cole Productions, Inc., (2005) 134 Cal.App. 4th 728, California’s First District Court of Appeal applied the one-year deadline to claims filed in civil court.  However, in January 2006, California’s Fourth District Court of Appeal applied a three-year deadline.  National Steel and Shipbuilding Company v. Superior Court (Godinez), (2006) DJ Dar 795.  Because there are now conflicting opinions, this issue will probably be heard by California’s Supreme Court.  Employees should be mindful of these deadlines if they suspect meal period violations.

 

                             Michael S. Ahmad, Attorney

 

 Update on our attorneys:  2005 was a record year in money we recovered for our clients.  We enjoy being crusaders for the rights of employees against powerful employers.  Though nothing can fully compensate them for wrongs they have endured, money certainly helps! 

 

 

 Look for our answers to employees’ questions in the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine.  E-mail us at info@job-law.com to have your address added or removed from our monthly mailing list.  For more employee rights information or for past issues of Win at Work Monthly, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, info@job-law.com.  The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column, which appears in the Los Angeles Times’ “Career Builder Magazine” and elsewhere.  Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion.  Readers in need of legal advice should promptly retain the services of an attorney.  ©2006 by Sessions & Kimball LLP