At Garcia & Gurney, A Law Corporation, we recognize that labor law can be complex. We strive to provide our clients with up-to-date, comprehensive information at all times. For your convenience, we have answered these frequently asked questions:
Can I be sued for terminating an older employee? The short answer is yes. The Equal Employment Opportunity Commission forbids you from discriminating against any employee who is 40 years old or older based on his or her age regarding any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training and fringe benefits.
But let’s dive into this question a bit more. Do you have Fremont area employees who are age 40 or older? Do they fail to perform their duties? Do they arrive to work late, leave early and not perform up to par?
While your reason for terminating the employee may have nothing to do with his or her age, the employee may claim otherwise. Thus, before terminating an older employee, you may want to contact a skilled labor law attorney who can help you gather evidence to show that age is irrelevant to your decision.
What is a whistleblower? A whistleblower is an employee who reports unlawful activity in the workplace (e.g., a person who contacts the appropriate authorities after observing unsafe work conditions, discrimination or illegal behavior). Under both federal and state laws, whistleblowers are protected from employer retaliation.
When should I hire a labor law attorney? All employers eventually encounter issues that require the advice and guidance of a savvy labor law attorney. As such, it is advisable that you have counsel you can trust and contact at any time, regardless of whether you are facing a legal dilemma or not. That said, the moment you suspect that a labor issue may be arising at your Pleasanton business, seek legal help. It is often possible to reduce the liability and cost of certain labor law issues if they are handled early on.
Employers in the Golden State face tough decisions. Garcia & Gurney, A Law Corporation is here to look out for your best interests and provide you with sound advice on how to handle whatever legal dilemma is disrupting your business. Call us at 925-468-0400 or contact us online to discuss your case with a knowledgeable lawyer.
"Melinda Garcia came very highly recommended by two colleagues who raved about her expertise and assertiveness. She and her team are extremely responsive and help us navigate the legal challenges of our consulting business. We're thrilled to have Melinda on our side!"
"Melinda Garcia was wonderful to work with. She is an outstanding listener and has a great memory for details and personal information.... which makes one feel very comfortable and welcome. I would highly recommend her to anyone not only because of her outstanding abilities but because of the compassion she eludes in dealing with an individual's issues/concerns."
"Highly recommend! "
"Melinda Garcia provided me excellent advice in resolving an employment agreement related to an acquisition of the company I worked for. She is very knowledgeable, asked me what I wanted to achieve with her services, provided excellent service to achieve those goals, and was very cognizant of fees. I recommend her for employment related services."
"Melinda Garcia provided excellent guidance with an employment/compensation case. Her knowledge of employment law, and strong negotiation skills, brought the case to a successful conclusion."
"Melinda Garcia has done an excellent job assisting us as we established our small business. From incorporation to contract negotiations, Melinda Garcia and her staff were outstanding"