Whitehead Employment Law

Have you been treated wrongfully at work? We know that's hard, especially with COVID-19 changing the way we do business. But you have rights. And the first thing you can do is make your employer aware of the issue so they have an opportunity to fix it. If that doesn't work, Jacob Whitehead, managing attorney, has a couple more suggestions.

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What does it look like to have your rights violated by your employer? Interrupting designated breaks with texts and phone calls Failing to pay full salaries and overtime Discriminating on the basis of national origin, race, color, religion, disability, and gender... Learn more on our blog!

If you believe you're owed wages or business expenses, please give us a call at (888)-492-0633. #attorneyadvertisement #caemploymentattorney #caattorney #employmentlaw #caemploymentlaw

Wondering if you qualify for COVID-19 supplemental paid sick leave? Find out on our blog: https://www.whiteheademploymentlaw.com/covid-19-sick-pay-c/

Thank you for your service.

Have you ever reported to work and then been sent home? Or been asked to call in two hours before a shift and told not to come in? If so, you're entitled to a half-day of pay. Learn more by watching this video.

What makes a hostile work environment? Founder and managing attorney Jacob Whitehead explains the top two signs of a hostile work environment in California. #caemploymentlawyer #caemploymentlaw #californiaemploymentlawyer #caemploymentattorney #calawyer #caattorney #hostileworkenvironment #employmentattorney

How do you define success? #MondayMotivation

California voters approved Proposition 22--a ballot measure that allows gig-economy drivers (such as Uber, Lyft, DoorDash, Instacart, etc.) to remain as independent contractors.

Does Sam have a claim? Sam accompanies his boss, Amanda, to a conference. During the course of the trip, they exchange flirtatious banter. On the last night, they have dinner together, and Amanda invites Sam to her room. Sam agrees, and they begin having an affair. They continue the affair for many months. During this time, Amanda helps Sam get a raise. Amanda later ends the affair with Sam, but they continue working together as usual. ... Answer: In this case, Amanda’s advances weren’t unwelcome. So Sam probably doesn’t have a sexual harassment claim. Keep in mind that sometimes it’s tricky to determine whether conduct is unwelcome. This is because the question is about someone’s subjective experience. As an example, merely giving in to the advances of a harasser doesn’t mean the conduct is welcome. #caemploymentlawyer #caemploymentlaw #californiaemploymentlawyer #caemploymentattorney #calawyer #caattorney #hostileworkenvironment #employmentattorney #sexualharrassment

No, California employees can exhaust paid leave through emergency FMLA BEFORE taking any accrued, PTO, vacation, or regular sick pay provided by their employer. #coronavirus #covid19 #emergencyfmla #sickleave #californiaemployees #employmentlaw #whiteheademploymentlaw #caemploymentlaw #employmentlaw #caemploymentlawyer #caemploymentattorney

If you're a California employee and have been interrupted during a work or lunch break, watch this video to understand what the law says you're entitled to. It may surprise you. #attorneyadvertisement #caemploymentattorney #caemploymentlawyer #caemploymentlaw #calawyer #californiaemploymentlawyer #wages #compensation

Imagine you are a Lyft driver. In the wee hours of the morning, while it's still dark outside, your app pings you. Ten minutes later, you pick up your passenger, who seems friendly enough, and begin driving him to his destination. Then, suddenly and without warning, you are being sexually assaulted from the back seat. You try to defend yourself to stop the perpetrator. Before the situation escalates, you pull over, stop the car, and in your bravest tone demand the passenge...r leave the vehicle. The passenger is undaunted by your protests and refuses to do so. Your mind is awhirl with terrifying images of what may happen next. The streets are utterly deserted. Your fingers blindly grope for that can of pepper spray you keep under the driver's seat "just in case." With a rush of relief, your fingers find the small canister. You grab it and spray the passenger who instantly flees the vehicle. Shaking, you lock the car doors and pull away, fearful the passenger might try to re-enter the car. When you've driven a safe distance, you immediately call Lyft to report the incident. Shockingly, without any investigation whatsoever, you are immediately terminated for "having a weapon" while driving. Unfortunately, this is not a hypothetical. It's a real-life incident that happened to one of our clients recently. After the incident she, immediately drove herself to the police station to file a report. Shockingly, Lyft refused to release any details about the passenger for her police report. They refused to release the name of the perpetrator or even the address she had picked him up at, effectively tying the hands of law enforcement to do anything. This has happened to many, many Lyft drivers. Lyft has refused to disclose their incident reports, apparently placing more value on customer ratings than it does the safety and welfare of its drivers--ironically without whom there would be no Lyft. If you were a victim of an assault while working as a driver for Lyft and were terminated as a result and would like to discuss your potential legal claims, please click the link below and submit the form. https://whiteheademploymentlaw.com/uberlyft #attorneyadvertisement #caemploymentattorney #lostwages #caemploymentlawyer #caemploymentlaw #uber #lyft #lyftdriver #uberdriver #gigworker

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Have you driven for Lyft during the past two years in the State of California? While driving for Lyft, were you ever assaulted or attacked by a passenger? Did you report the incident to Lyft? After reporting an incident involving an assault were you terminated? ... If you answered yes to any of these questions, we at Whitehead Employment Law would like to hear from you. Please submit your contact information by clicking on the link below. All consultations are kept strictly confidential. https://whiteheademploymentlaw.com/uberlyft

Proposition 22 is on the ballot on November 3. Here's what you need to know. Gig companies are behind Proposition 22, the App-Based Drivers as Contractors and Labor Policies Initiative. If it passes, ride-hail and delivery drivers would continue to be treated as independent contractors with some benefit concessions granted by the proposition. If it doesn’t pass, these workers would likely be considered employees who are entitled to a minimum wage, overtime pay, workers...’ compensation, unemployment insurance and paid sick leave. #gigeconomy #gigworkers #caemployment #caemploymentlaw #employmentattorney #employmentattorney #attorneyadvertisement #lyftdriver #uberdriver

Has an employer violated your rights? Here's the one thing you need to know to protect yourself! #caemploymentattorney #caemploymentlaw #discrimination #calawyer #californialaw

Does John have a claim? John is a personal trainer at a high-end gym. He takes on a well-known celebrity as a new client. At the end of their first session, the client asks John to accompany him in the shower. John politely declines. Over the next few weeks, the client continues to make advances. He gropes John during sessions and calls him at all hours. When John objects, the client says he’s considering moving to another gym if he doesn’t give him a chance.... John tells his boss that the client’s behavior is making him uncomfortable. His boss tells him not to worry he says the client has a reputation for being handsy and will probably lose interest after a while. The client continues to pursue John. Fed up, John asks his boss to find another trainer for the client. His boss refuses. He says that John needs to be a team player and do whatever he can to keep the client happy. Answer: In this case, the client’s behavior and the company’s tolerance of it likely support a claim of sexual harassment.

California is an at-will employment state. This means that employers can terminate employees for any reason, even if it seems unfair unless the reason is unlawful. Learn what is considered unlawful by reading the blog below.