"At will" employment in the State of California means that an employment relationship may be ended by the employee or the employer at any time, with or without prior notice. Pursuant to California's Labor Code, there is a presumption in California that employees are employed "at will". However, there are exceptions to this presumption. Examples of exceptions to "at will" employment include employees represented by unions with collective bargaining agreements and employees with written employment contracts for a stated length of time or with a "good cause" requirement for termination. Despite the presumption of "at will" employment in California, an employer may not terminate an employee for an illegal reason, such as due to an employee's protected class (disability, age, race, religion, sex, sexual orientation, pregnancy, etc.), or in retaliation against an employee for engaging in a protected action (reporting harassment, complaining about illegal or unsafe practices, etc.).
Important Time Limits for Filing a Workers Compensation Case All California cases have a time limit on when the matter can be brought to court, known as the Statute of Limitations (SOL). California workers’ compensation claims are no...
Elevators are highly regulated to ensure safety. However, if they are not adequately serviced, they can malfunction, and this can often lead to elevator users being trapped. As well as being very distressing, being stuck in an elevator for a significant amount of time can have wide-ranging implications. If you suffered an injury due to being stuck in an elevator in California, it is important that you understand how you can take appropriate action to assert your rights. What injuries commonly result from being stuck in an elevator? First, being trapped in a small space for a significant amount of time can be very scary and upsetting. It can be possible to claim damages for the negligent infliction of emotional distress. In addition to the distress that being stuck in an elevator can cause, physical injuries can result, too. Dehydration and overheating can be common issues that people face, especially if [...]
If you work in an environment with chemical hazards, it is likely that you will have specialized training and equipment to help protect you from any hazardous effects. Toxic substances can be present in many different types of workplaces, from construction sites and mines to mechanics' garages and landfills. If you have inhaled toxic fumes at work or if you are suffering from ill health that you believe may have been caused by toxic fume inhalation, it is important to understand the effects of toxic fumes. You should also make sure that you understand your rights to gain workers' compensation after any type of work injury. What counts as a toxic substance? Many things that we come into contact with every day can be classed as toxic. This includes gasoline, bleach and alcohol. These chemicals can become extremely dangerous when used in high quantities. What are the effects of inhaling [...]
Dealing with chronic pain can impact your overall well-being, as well as your ability to concentrate and manage daily tasks. It can also lead to a deterioration in mental health if it is not properly managed. If you are dealing with severe or ongoing pain, it can also be difficult to continue to engage in full-time employment, especially if the nature of your work caused or contributed to the condition you are suffering from. You should never over-exert yourself at work because this could worsen the pain. If you believe that the chronic pain you are suffering from originated from the workplace or was worsened at work, you may be able to claim workers' compensation for the damages. The following are some ways that you can manage chronic pain in the working environment. Report an injury as soon as possible after it occurs Many people who suffer from pain that [...]
If you’re employed in California, you are almost certainly covered by workers’ compensation insurance paid for by your employer. If you aren’t it’s probably due to your employer breaking state law and not to some exception to the law. Whether you work in a hospital, nursing home, or as a home health care or domestic worker, you have a right to workers compensation insurance in California. Caring for patients is dangerous work The statistics are clear. Healthcare is a dangerous industry and nursing is a particularly dangerous profession. Consider the recent US Department of Labor’s list of private-industry occupations with the most injuries and illness. Registered nurse was the seventh most dangerous profession. Nursing assistant came in at fourth. These two nursing professions together accounted for nearly 6.7 percent of all incidents, more than any other profession except the broad category of “non-construction laborer.” The physical risks of patient handling The source [...]