FAQs

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Employment & Divorce FAQs

Common Questions From Our Clients

FAQs about Employment Law in California

What is a Whistleblower Claim?

When an employee suspects that there is misconduct or fraud occurring within their place of employment, and they report this activity, they are known as a whistleblower. When this occurs, employers often seek to retaliate against the employee by having them fired or transferred.

I Complained About Discrimination, and My Employer Retaliated. What Can I Do?

Your employer cannot legally retaliate against you for complaining about work-related discrimination, so if you feel like your employer is doing so, first speak with a supervisor or a human resources representative. Otherwise, you can address the concern with the state's fair employment agency, the Equal Employment Opportunity Commission (EEOC), or one of our attorneys can also advise you on the best course of action.

What Happens If the Employer Withholds My Last Paycheck?

You must receive payment in full for the time you worked. In some situations, the employer must also pay out for any accrued vacation days. If you believe your employer has wrongfully withheld your last paycheck, you should contact your state's labor department or the federal labor department. One of our attorneys may be able to assist you with this as well.

How Do I Know If I Have a Wrongful Termination Claim in California?

Most at-will employees can be terminated without reason. Wrongful termination is different from unfair termination. Wrongful indicates the employer did something unlawfully, so if you’re unsure, contact us today to discuss your case and learn more about your employment rights.

Can my Employer in California Fire Me for Any Reason?

If you are an at-will employee, your employer can fire you for any reason except where it is unlawful. For example, they are not allowed to fire you due to your race, sex, religion, or disability. If you signed a written employment contract, the employer may only be able to terminate your position based on the terms and conditions of the contract.

Am I an At-Will Employee in California?

An at-will employee is free to leave their employment at any time for any reason, or for no reason whatsoever. If you signed a written employment contract, you are likely not an at-will employee.

Do Employees in California Have Rights in the Workplace?

All employees have basic rights like the right to work in an environment where they are not discriminated against or harassed due to their race, religion, national origin, age, disability, color, sex, or genetic information.

FAQs About Divorce in California

How do I start my divorce in California?

To start a divorce in California, you have to file a petition to dissolve the marriage with the court clerk. Once the petition is filed, the other spouse has a certain number of days to answer the petition unless the divorce is a mutual one, making an answer unnecessary. The most efficient way to start a divorce is to contact one of our divorce attorneys to handle starting the process for you!

How are assets and debt divided in California?

Assets and debt are divided according to either community property and equitable distribution. In the first approach, property and debts are divided equally, but in the second approach, the assets and debt are split by what’s fair to both parties.

How is California alimony determined?

Alimony is determined on a case-by-case basis, and most states consider the present earning ability and future earning opportunities of the spouses.

What if my spouse does not want a divorce?

You can still file for divorce even if your spouse does not want the divorce, and this will likely become a no-fault divorce. No-fault simply means the marriage is irretrievably broken or there are irreconcilable differences.

How much will my divorce in California cost?

The cost of your divorce depends on multiple factors, but mainly whether the divorce is contested or not. Longer proceedings will affect the cost of legal representation or services.

Contact our team today to schedule a consultation about your divorce case.