Independent contractors are not treated the same as employees. While independent contractors have more freedom in their work, they also lack some of the protections enjoyed by traditional employees, such as workers' compensation and unemployment benefits. They are also responsible for paying their own taxes directly to the Internal Revenue Service from the first dollar, since their taxes are not withheld by the business that is paying them. If you have a question as to whether you should work as an independent contractor or as an employee, contact an experienced employment law attorney today to discuss your situation.
Employment Law Information for Employees
Even though employment is considered to be "at-will" in California, you have certain rights.
You cannot be fired, disciplined or denied a promotion due to discrimination or for reporting wrongdoing such as sexual harassment by your employer or another employee. If you have suffered an adverse personnel action for these or other reasons, you may be entitled to compensation for past and future earnings, emotional distress and attorney's fees.
The Hahn Law Firm works to obtain compensation and justice in cases involving employment law violations. Call 866-791-5443 toll free for a free consultation.
Some general information about employment law appears below. You probably have questions about your case. In a free consultation, attorney Alan K. Hahn can review your case, answer your questions and discuss your legal options.
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For a free initial consultation with the Hahn Law Firm in San Diego, California, call 866-791-5443 toll free or contact the firm online.
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Cases involving discrimination, harassment and retaliation must first be reviewed by the Equal Employment Opportunity Commission and/or the California Department of Fair Employment and Housing. Alan K. Hahn can prepare your complaint and seek to obtain compensation and justice for you.
Some employers unfairly deny overtime pay to their employees, make them work through breaks or demand that they be "on call" during specified break times. These are violations of California employment laws, and you may be entitled to compensation. The Hahn Law Firm has extensive experience in wage and hour claims. If your case has merit, the firm will work to obtain compensation for you.
Privacy Issues at Work
Technology is a boon to business, but it also raises complicated issues of privacy in the workplace. The vast majority of businesses use computers, and technology has enabled employers to monitor nearly every aspect of workplace communications involving employees' computer and telephone usage. Indeed, many companies take advantage of technology to monitor their employees' use of the Internet and e-mail. When an employee has a reasonable expectation of privacy, however, such as with a physical space like a locked office, the employee may receive privacy protection. Drug testing by an employer, on the other hand, when the testing is reasonable and not a highly offensive intrusion, is usually acceptable. To help you determine what is and is not private in the workplace, contact Alan K. Hahn in San Diego, California, to discuss the validity of your company's privacy policies and procedures.
Employer's Right to Monitor Computer Usage
Employees who use company computers do not have a reasonable expectation of privacy regarding what they do on those computers. E-mails in the company e-mail system are stored by employers, and employers have the right to search, monitor and view employee e-mail as long as there is a valid business purpose for doing so. Employees may be disciplined or fired if their e-mails violate company policy or the law. E-mails are frequently being used as evidence during unlawful discharge trials to show employee misconduct or wrongdoing.
Employers have the right to track the Web sites visited by their employees on company computers, to block employees from visiting specific Internet sites and to limit the amount of time an employee may spend on a specific Web site.
Employer's Right to Monitor Phone Calls and Voice Mail Messages
The federal Electronic Communications Privacy Act (ECPA) places some limitations on an employer's right to monitor its employees' telephone usage at work. Under the Act, an employer usually may not monitor an employee's personal phone calls, even those made from telephones on work premises. An employer may only monitor a personal call if the employee knows the particular call is being monitored and consents to it. An employer may not intercept an employee's voice mail, but it may be allowed to access voice mail messages that are in "electronic storage" on the company system.
Employer's Right to Conduct Post-Hiring Drug Testing
An employer may be able to require its employees to submit to drug screening; many state laws, however, limit the circumstances in which an employer may test for drugs and the methods it may use to perform such tests. An employer may generally test its employees for drug use if it limits the testing to:
- Workers whose jobs expose them or others to a great deal of risk
- Workers who have completed a drug rehabilitation program or are currently enrolled in such a program
- Workers who have been involved in a work-related accident in which drug use was suspected
- Workers whom management reasonably believes have been using drugs, based on physical evidence or behavior
Conclusion
Employees have general and specific rights to privacy in the workplace, but these rights are balanced against employers' rights to monitor business operations. If privacy is at issue in your workplace, contact an experienced employment law attorney at Alan K. Hahn in San Diego, California, to ensure that your rights are protected.
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