1530 The Alameda, Suite 115, San Jose, CA 95126

Blog
Email UsEmail Us

FREE CONSULTATION

408-246-5500

Search

FREE CONSULTATION

408-246-5500

Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
Group Photo
Se habla español|Chúng tôi nói tiêng Việt

CA employment lawyerIn the tech business, being employed by industry giants often means getting the opportunity to perform meaningful work, at a decent rate of pay, and with plenty of workplace perks. However, it does not necessarily mean job security or protection from the types of layoffs that happen in other types of business industries. Silicon Valley companies have announced employee cutbacks over the past year that have left hundreds of people in our area searching for new positions. As Bay area employment law attorneys, we want you to be aware of your rights and the steps you need to take if you lose your job.

In San Jose, eBay Job Cuts Impact Local Residents

eBay recently announced a reorganization of the company, resulting in layoffs for more than 100 workers from the Bay area. The majority of those impacted are from the company’s newest location on North First Street and from the San Jose headquarters.

The layoffs are part of a larger consolidation, which eBay executives claims is geared towards allowing it to maintain maximum focus on the company’s global market. Those impacted include eBay directors, managers, data scientists, and software engineers, as well as several members of legal counsel.

...

CA employment lawyerManagers and fellow employees at a Rotten Robbie’s in Santa Clara were recently shocked when an assistant supervisor went on a rampage and set his Cupertino workplace on fire. He also went to another gas station owned by the company in Santa Clara and shooting, before being fatally shot himself by police. In the aftermath, some who knew him claimed he was upset over personal and work issues, but few would have expected him to act out in this manner. It raises concerns about the very real threat of workplace violence and how coworkers and managers alike need to handle the situation.

Disgruntled Workers Goes On Rampage

A 55-year-old San Jose resident was identified as the man who went on the rampage at Rotten Robbie’s, terrorizing fellow workers and causing significant amounts of property damage. Miraculously, no one was hurt when he first set fire to the gas station located on Stevens Creek Boulevard in Cupertino at roughly 5:00 a.m. that morning, nor were there any injuries when he opened fire at a second location on Lafayette Street in Santa Clara just an hour later.

While the man was armed with a 12-gauge shotgun, 9 mm semiautomatic pistol, and plenty of immunization, he was stopped by officers soon after the shooting had broken out. Four officers were involved in the shooting and reports indicate he shot at them before they returned fire. Investigators state that the man had no prior criminal record in Santa Clara County. While his employers claim he seemed content with his job, police say he must have been holding some significant resentment against the company to have lashed out at two different locations.

...

CA employment lawyerLong-term disability benefits may have been offered as one of the perks in your employment contract. In addition to other types of insurance, these benefits protect you in the event the unexpected occurs. If an injury or illness does prevent you from working, long-term disability payments can provide a lifeline to ensure you and your family are provided for. However, it is not uncommon for insurers to deny or dispute benefits. The following highlights some of the most common reasons you are likely to have trouble collecting on your claim.

Denial of Long-Term Disability Benefits

According to the Centers for Disease Control and Prevention (CDC), more than 60 million people currently live with some type of disability. This amounts to roughly one out of every four Americans. Disabilities can impact your physical health along with your cognitive abilities and may have occurred as a result of a chronic condition or due to sudden and unexpected illnesses or injuries.

If you have been diagnosed with a disability that impairs your ability to work, employer-sponsored benefits may be available. Unfortunately, obtaining these benefits can provide challenging. Insurance companies are in business to make money and one of the ways they do this is by reducing payouts. While your rights to benefits are protected under the Employee Retirement Income Security Act of 1974 (ERISA) and other state or federal laws, there are common reasons in which a claim may be denied. These include:

...

CA employment lawyerThe job field is competitive for workers in the San Jose area, with numerous qualified candidates eager to fill positions. If you are a disabled person, it may feel like you are at a distinct disadvantage in terms of obtaining and maintaining gainful employment. While unfair labor practices are still rampant, there are numerous employment laws in place to protect you against disability discrimination. The following highlights important information you need to be aware of to defend yourself and your rights.

Protection Against Disability Discrimination on the Job

According to the Pew Research Center, close to 40 million Americans suffer some type of disability. While some of these are unable to work, physical, sensory, or cognitive impairments that prevent them from working or performing even simple daily tasks, more than half play a vital role in performing a variety of different types of jobs.

Unfortunately, those with disabilities face numerous obstacles in the workplace. For one, Pew reports that they are likely to earn less than other workers. Even getting hired by a potential employer may be a challenge, but the Employment Development Department (EDD) provides services in San Jose and throughout California to help you obtain job skills and employment. It is also important to be aware that throughout the process, there are both state and federal laws in place to protect you.

...

CA employment lawyerAt one time, generous pension plans and retirement packages were a given with some jobs. Unfortunately, as times have changed, benefit packages have become increasingly sparse and need to be carefully negotiated as part of your employment contract. Government workers have traditionally enjoyed better benefits than some private sector workers, but a new policy initiated by the governor could cause some major setbacks. While private employer-sponsored benefits are protected by ERIS laws, the so-called ‘California Rule’ adds additional protections to government workers against having pension benefits eliminated without providing compensation. The court is currently reviewing the rule and the outcome has the potential to wreak havoc with these worker’s futures and may cost them significant amounts of money.

The California Rule and Government Pension Benefits

The California Rule is a policy in regards to pension benefits, which has its origins in the 1950s. The National Public Pension Coalition states that the idea was simple and something that made perfect sense: when a public worker is hired to a job and enters into an employment contract, the pension benefits they are offered cannot be diminished without offering some sort of compensation to take the place. It is a rule that several other states follow as well, but it has recently come under fire in the California Supreme Court.

Five years ago, Governor Jerry Brown enacted sweeping pension reforms designed to scale back some of the more generous perks public workers were alleged to be receiving. Spurred by the Great Recession, the scale back was designed to cut government spending while saving taxpayer money. Opponents of the changes, comprised largely of union leaders and public service employees, claim that the reforms allowed employers to significantly cut pre-agreed on benefits, without offering anything in return. A lawsuit was filed in the Supreme Court against the governor, seeking to have the reforms overturned.

...

CALL TODAY FOR A FREE CONSULTATION

SPEAK DIRECTLY WITH OUR EXPERIENCED SAN JOSE ATTORNEYS

TOLL FREE

408-246-5500

OR

800-576-4210
Back to Top