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Frequently Asked Questions

Protecting Your Property in a High Asset Divorce

Can I be terminated while out on a disability leave of absence?

If you area terminated because of your disability or because you took a medical leave of absence then that is a wrongful termination.

Can I have a case for wrongful termination even though I quit my job?

If you quit your employment because you were subjected to intolerable working conditions that would cause a reasonable person to believe to their employer was trying to force them to quit or trying to intentionally cause them harm, then you may be able to maintain an action for wrongful termination, even though you quit and were never told you were being terminated. This is called a ‘constructive termination.’

Can I be forced to work through my lunch break?

If you are not provided a lunch break as required by California law, you may seek penalties against your employer for failure to allow you to take a lunch break.

Can I be terminated without a warning or a chance to correct any deficiency?

California is an “at-will” state which means that in the absence of any express agreement to the contrary, an employee can be terminated from their job without a warning. However, many employers have policies which require that an employee be given a warning and an opportunity to correct any deficiency. If you are terminated without such a warning, then the employer can be held liable for breach of contract.

Can I be forced to work overtime without being paid a premium for those hours?

In most industries, if you are not exempt from the overtime laws, and if you are forced to work in excess of eight hours in a day, or in excess of forty hours in a week, you are entitled to be paid at the premium rate of time and a half for all hours worked in excess of eight in a day or forty in a week. In addition, if you work in excess of twelve hours in a day, you may be entitled to receive double pay for all hours worked in excess of twelve in a day.