Work Archives - Hernandez Law | Attorney Tatiana Hernandez for Workers’ Rights

September 13, 2024

What are your legal rights after you quit your job?

Quitting a job is a big decision, and it’s crucial to understand that your rights don’t end when you decide to end your employment with your current employer. Whether you left your position voluntarily or after being harassed, there are legal protections to help you better navigate this transition.

Right to Final Pay

In most states, your employer must provide your final paycheck within a specific time frame after you resign. For example, in California, your employer must give you your final paycheck immediately if you resign early and provide advance notice.

Unused Vacation Pay or Paid Time Off

Unused vacation, or PTO in California, is considered earned wages, which must be included in your final paycheck. You can check with your state’s Department of Labor for specific regulations.

Continuing Your COBRA Health Insurance

If your employer has 20 or more employees, you can continue your health insurance through the Consolidated Omnibus Budget Reconciliation Act (COBRA). This law allows you to keep your health coverage for up to 18 months after you quit your job, although you will have to pay the entire premium.

Unemployment Benefits

Generally, voluntarily quitting your job disqualifies you from receiving unemployment benefits, but some exceptions exist. If you can show that you left your job for “good cause,” such as workplace harassment, unsafe working conditions, or other reasons, you may still be eligible to receive these benefits.

Quitting your job does not mean you will lose all of your employment rights or the benefits you are entitled to as an employee.

Our attorney, Tatiana Hernandez, is here to help you navigate this complex process in which you may feel lost or helpless. With her experience, she will ensure that you receive the benefits and payments due to you based on why you decided to quit.

Please do not hesitate to contact us for the legal help you deserve.

August 26, 2024

Know when it is necessary to contact an employment lawyer

Recognizing and dealing with the complexities of the workplace can be challenging, and sometimes the issues you face may require legal assistance. Understanding when it is necessary to contact an employment attorney is essential to ensure that your workplace rights are protected and that your employer treats you fairly. Today’s blog explains how to identify situations where you should consider contacting an employment attorney.

Employment Discrimination

How to Recognize a Case of Discrimination at Work?

Discrimination in the workplace usually occurs when an employee is mistreated because of protected characteristics such as race, gender, age, disability, religion, or national origin. This type of discrimination can manifest in wrongful termination, pay gaps, denial of promotions, harassment, or workplace bullying. In these cases, the Equal Employment Opportunity Commission (EEOC) is responsible for enforcing laws prohibiting discrimination at work.

Wrongful Termination

Wrongful termination cases occur when an employer decides to terminate a worker illegally, violating labor laws or contractual agreements. This could include being fired for reasons related to discrimination, retaliation for whistleblowing, or refusing to participate in illegal activities.

If you suspect your termination was unfair or illegal, it is crucial that you contact an employment attorney immediately. They can help you to understand your rights better, evaluate the circumstances of your termination, and seek compensation or reinstatement if necessary.

Workplace Harassment Cases

Suffering workplace harassment is a severe problem that can create a hostile work environment and profoundly affect the victim. This includes unwanted touch, inappropriate comments, or actions interfering with an employee’s job performance. In these cases, the National Institute for Occupational Safety and Health (NIOSH) offers resources for recognizing and addressing workplace harassment.

Negotiating Clauses in Your Employment Contract or Severance Agreement

Before signing any contract, it is advisable to carefully review the terms of your contract with an employment attorney. This ensures the contract is fair, protects your rights, and is aligned with your best interests.

Whether you are negotiating your initial terms of employment or a severance package, legal advice can help you secure favorable terms and avoid potential problems between you and your employer down the road.

Knowing when to contact an employment law attorney can protect your rights and obtain a fair outcome.

Whether you are facing discrimination, wrongful termination, or harassment or need assistance with unfair clauses in a contract, legal guidance is invaluable.

By acting quickly and consulting with a qualified employment attorney like Attorney Tatiana Hernandez, you can be sure that your rights will be respected and that she will fight for the justice and compensation you deserve.

June 1, 2024June 1, 2024

Common Injuries Suffered While Working at the Office

Although office jobs are generally considered some of the safest, they are not without risks that can cause significant injuries. Understanding these injuries can help prevent accidents and know when to seek legal assistance.

Repetitive Strain Injuries

Repetitive strain injuries are common in the office because typing or using the mouse can cause injuries like carpal tunnel syndrome, affecting muscles, tendons, and nerves. Ergonomic adjustments, regular breaks, and exercise can help prevent this type of injury and those caused by prolonged sitting with poor posture. Inadequate furniture can also contribute to back and neck problems, so it’s essential to ensure that your workstation is ergonomically optimized.

Visual fatigue

Visual fatigue is another frequent injury for those who spend long periods sitting in front of a computer. Symptoms include headaches, blurred vision, and dry eyes. Proper lighting, regular breaks, and screen adjustments can help alleviate these symptoms.

Slips and Falls

These accidents are common when offices have hazards like crowded hallways filled with people or documents, unattended wet floors, or poorly maintained uneven surfaces. These can lead to sprains and fractures when an employee trips over obstacles. Therefore, it’s recommended always to watch where you walk to avoid a fall that could prevent you from working for a while.

High Levels of Stress

High levels of stress can cause physical symptoms such as headaches, high blood pressure, and heart conditions. Chronic stress can also exacerbate other injuries and reduce overall well-being. Implement stress management techniques like regular exercise and mindfulness practices.

If you suffer an injury at work, knowing your rights and seeking appropriate legal advice is crucial. Our labor attorneys at Hernandez Law are here to help you navigate the legal complexities. Contact us today for a consultation and ensure your rights are protected.