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In California, Is it legal to be fired for taking a Vacation?

In California, Is it legal to be fired for taking a Vacation?

For many of us, our summer vacation is the most important time of the year. It doesn’t matter where you go, just as long as you can get away from the stress of everyday life. Yet for some Californians, they have never had that time away to take a vacation. The reasons- for some their finances won’t allow it, for others they don’t have paid vacation days.

There is no law that requires employers to give employees a paid vacation.

Yes, and in fact some companies have terminated workers if they take trips at inopportune times. Most employers won’t fire employees who take a vacation — but it can happen, particularly in the California, where the majority of non-union employees are freelancers or at-will, which means that you can be fired for any reason, as long as it is not an illegal reason, such your;  gender or race.

According to our experts at KJT Law Group-, there are some situations where an employer cannot fire an employee for taking leave. For example, under (FMLA) the Family and Medical Leave Act, employees can take up to 12 weeks of leave for their own medical issues or to take care of an immediate family member. Employers must allow employees to use their paid sick and vacation time first before going on unpaid leave.

Plus, if you, as an employee, are under contract — (union workers, CEO’s, specialized employees, etc), you may be protected. Your contracts should state that you are entitled to vacation time. Likewise, if an employer has an accepted vacation policy, it will be considered an employee welfare benefit plan covered under (ERISA), the Employee Retirement Income Security Act. If any of these instances pertain to you, it is most probably illegal to retaliate against you for exercising your rights.

Understand your rights as an employee

If you are not certain about your vacation rights, consult an employment lawyer, especially if your employer has terminated you illegally retaliated against you, or otherwise treated you unfairly.

CONTACT A QUALIFIED Y ATTORNEY, CONTACT KJT LAW GROUP

Working with a professional who understands the complexities associated with employment law will improve the chances of you being protected. Let the professionals at KJT LAW GROUP help. Call us at (818) 507-8525 or email us at info@KJTLawGroup.com for a free consultation.

 

Insights on artful litigation

What is the Statute of Limitations for Car Accidents in California?

Between 2015 and 2016, many statistics for car accidents in California saw increases. The number of fatalities related to accidents went up by 7 percent. Fatalities involving impaired drivers, motorcyclists, and passengers not using seat belts all increased. Even fatalities involving cars vs. bicycles, cars vs. pedestrians, and teen drivers increased.

The 5 Most Dangerous Intersections in California

Any number of situations can lead to an auto accident. Distracted driving, speeding, and equipment failure are just a few of the reasons car crashes occur. Sometimes, the design of an intersection also plays a part in auto accidents.

I Was Injured by a Drunk Driver. What Should I Do?

Drunk driving is still a leading cause of death in vehicle crashes. Per National Highway Traffic Safety Administration statistics, every 48 minutes a person dies as a result of a crash involving a drunk driver. If you’re involved in a crash with a drunk driver, call the police and seek medical care. You might feel fine, but adrenaline can mask the pain and discomfort for a few hours.

Will My Personal Injury Case Go to Trial?

Black’s Law Dictionary estimates that only four to five percent of personal injury cases ever make it to trial. Very few cases ever do make it into a courtroom. Most reach an out-of-court settlement. This is due to two things. First, according to the Bureau of Justice Statistics (BJS), about half of all civil cases lead to a positive outcome for the plaintiff. Second, it’s time-consuming. It can take months or even years to battle a personal injury case in the courts.

What Should I Do After a Bicycle Accident?

When you’re in an accident on your bicycle, call the police. Of course, if you’re badly injured, you’ll have to rely on a witness to do this for you. If you feel fine, you still must call the police. You might find more damage to your bicycle than you first thought. You don’t want the driver to leave without having a way to get hold of that driver down the road.

Motorcycle Accidents – 5 Statistics That Will Leave You Shocked

In 2015, approximately 8.6 million motorcycles were registered in the U.S. That same year, motorcycle riders suffered 88,000 reported injuries, and 5,029 fatalities were reported. When you’re on a motorcycle, there is very little protecting you from serious injury during a crash. Cars have a harder time seeing you. If there’s a crash, the clothing and helmet you wear are the only protection you have between the ground and other solid surfaces. Here are five shocking statistics about motorcycles and motorcycle accidents.

Hit By A Car Crossing The Street? Here’s What To Do Next

Did you know that most pedestrian accidents occur between the hours of 6 and 9 p.m.? About 3 out of 4 accidents where a car hits a pedestrian take place in the dark. This is why it’s so important to wear bright, reflective clothing. If possible, wear flashing lights that can be seen from different angles.

Department Store Injuries & What To Do Following One

Accidents can happen at any time and in any place. If you’re injured in a retailer, be it a small general store or a large box store, you may be entitled to reimbursement to cover any medical expenses. It all comes down to what happened.

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