March 2007 | |
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WIN AT WORK MONTHLY | |
A Community Service ofSESSIONS & KIMBALL LLP, Employee Rights Attorneys | |
Win at Work |
Employee Rights Update |
LYING TO GET HIRED
Lying on your employment application to get hired is very unwise, even though the temptation may be there. You may face stiff competition. You may want to rationalize past employment problems. You may want to embellish certain qualifications. The employment questions may even be discriminatory and illegal. Regardless, courts almost always conclude that misrepresentations on an employment application are valid grounds for termination. Some applications even state that any misstatement is grounds for discharge. Also, even if you are fired for an illegal reason, if the employer later discovers you lied in your application, any financial recovery may be substantially limited. There are alternatives. A truthful response may still land you the job. Leave a blank if asked a discriminatory question. If you were fired, perhaps you could legitimately attribute it to a “reorganization,” which could be interpreted very broadly. Be truthful and creative in presenting yourself in the best way possible. |
GETTING MORE CASH FOR YOUR GAS
Pursuant to Labor Code section 2802, employers are required to reimburse employees for all that they necessarily expend or lose in direct consequence to the performance of duties or obedience to the employer’s directions. Recently, on January 1, 2007, the IRS raised its standard business mileage reimbursement rate to 48.5 cents per mile as the optional deductible cost of operating an automobile, pickup, van or panel truck for business purposes. This is a noticeable increase from the 44.5 cents per mile rate in effect for 2006. Although the IRS rate is not mandatory on employers, it does indicate an authoritative view on the cost of operating a vehicle. Therefore, be sure to write down the date, the number of miles driven, and the business purpose for each business errand or trip. This will ensure that you receive the most cash for your gas. Paul B. Miner, Attorney |
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Update on our attorneys: Heidi Hutchinson is the Chair of the Labor and Employment Law Section of the Orange County Bar Association this year in involving over 300 attorneys. Steve Kimball won a judgment against a national corporation for overtime. Richard Hutchinson presented the employee's perspective on employment law at an attorney seminar. | |
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Look for our answers to employees’ questions in the “Life and Work Q & A” column of the | |