Crosner Legal News Hub: Employee Rights & Class Action Updates
Legal Guide to the EDD Continued Claim Certification
Continuing Eligibility Requirements Once you have been granted eligibility to receive benefits by the EDD, you must then meet certain criteria in order to continue your eligibility. The criteria includes: (1) being mentally and physically able to perform work in your vocation; (2) remaining underemployed or unemployed; (3) be actively looking for new work; (4) complying with the reporting requirements of the EDD by submitting bi weekly Continued Claim Forms; (5) being immediately available for...
How to prove wrongful termination
Proving wrongful termination against your employer is a complex process that requires a comprehensive analysis of the individual facts and circumstances relating to the termination. Whether your claim is being litigated within an administrative venue, such as the DFEH, EEOC or Labor Board, or in a civil court or private arbitration, this article will be useful in obtaining a better understanding of the burdens of proof and types of proof and evidence necessary to proving your wrongful...
How much compensation can you get for wrongful termination?
Employers may be the subject of discrimination charges based on alleged violations of several civil rights laws, including the Fair Employment and Housing Act, Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. Almost all California employers with 15 or more employees are covered by these laws. Various remedies may be imposed against employers who have engaged in unlawful discrimination. The most common approach to determining an...
Calculating California Unemployment Benefits
Calculating California Unemployment Benefits - Weekly Amonuts Click here for a 100% FREE EDD Benefits guide: EDD Benefits guide Calculating California Unemployment Benefits doesn't have to be difficult. Your weekly benefit amount (WBA) is approximately 60 to 70 percent (depending on income) of wages earned 5 to 18 months prior to your claim start date up to the maximum weekly benefit amount. You may receive up to 52 weeks of Disability Insurance (DI) benefits. The daily benefit amount is...
Our Pricing
At Crosner Legal we’re dedicated to transparency. So we put our fee structure right here on our website for all potential clients to see. That way, you know what you’re getting into and you know you’re getting the same deal as the rest of our clients. Most of our clients have had their rights violated by their employer. That usually hurts them financially, so it’s understandable that many cannot afford a lawyer. That’s why we take our cases on a contingent fee basis. This means that, if we...
Experienced Background Check Lawyers
Crosner Legal has significant experience representing employees, tenants, and other consumers who rights have been violated by unlawful credit and background checks. It is very common that upon submitting an job application, employees are required to undergo a background check. For tenants, it is common that landlords require tenant screenings which check for credit and other character information such as whether you have filed a bankruptcy or ever been evicted in the past. Credit checks and...
What are the information and documents required or retrieved by background searches?
Information present in background checks can vary in regards to accuracy. There are many cheap consumer services today that yield inaccurate results. Accuracy is, therefore determined by the resource used to come up with the information. As mentioned above, background check errors can also occur because of inaccurate legal reports filed in courts or because of normal court delays. To improve accuracy, you can run your own background check to see if the information you gather is accurate....
What is a level 2 background check?
The FDLE (Florida Department of Law Enforcement) defines a level 2 background check as a fingerprint-based background check that applies to employees holding positions of trust or responsibility. A level 2 check is more in-depth and includes fingerprint-based searches spanning national FBI, the FDLE and county criminal records via local courts and law enforcement agencies. [1] Requirements for a level 2 background check State level 2 checks require a name request and a fingerprint...
How will I know if I passed my background check?
Under FCRA rules, employers are legally obligated to follow some steps before disqualifying a person from a job opportunity because of information acquired from background checks. First and foremost, employers must let unsuccessful applicants know they haven't passed their background check by issuing a formal letter (pre-adverse action letter). They also need to surrender a copy of the background check report and a copy of an applicant's rights. If the employer is based in California, they...
How do background checks work?
Employers want to hire the least-risky candidates i.e., candidates with favorable criminal, civil, and credit histories. Employers go as far as checking the social media accounts of prospective employees just to see if they can find evidence that suggests they aren't good employees. Some may conduct background checks internally or hire companies to conduct the checks on their behalf. Most of these companies take background checks, further uncovering information unlawfully. Background...
What does an employer look for in a background check?
Knowing what employers look for precisely in pre-employment background checks is important for preparing for job application. Most employers look for: Criminal history Inconsistencies in job applications and resumes Credit history Driving records Civil history Criminal history Employers are particularly interested in your criminal record before they offer you a job. In fact, criminal background checks are the cornerstone of most employment-related background...
How far back do background checks go?
The FCRA dictates how far background checks go. Employers, among other institutions that carry out background checks for purposes of pre-employment screening must follow strict rules. Some of the FCRA limits placed on background reports include: Tax liens, accounts in collection, civil suits and judgments can't be reported if they are 7 or more years old Bankruptcies that are 10 years or more can't be reported Expunged felonies/criminal cases can't be reported/revealed unless by...
What shows up on a background check?
The information found in a background check is dependent on the type of background check in question. Each background check uncovers different types of personal background information. Since information uncovered in background checks is very sensitive, it is subject to privacy protection regulations. Background check information falls under the FCRA (Fair Credit Reporting Act) with requirements on how such information is handled by employers specified by the EEOC. [1] Retention and sharing of...
What is a background check?
A background check is a process of searching and compiling the employment history, commercial records, criminal records, and/or financial records of a person or organization. The legitimacy, frequency, and purpose of background checks vary between, industries, countries, and individuals. The method used to conduct a background check can also vary. For instance, a background check can involve personal references to comprehensive database searches. Also, there are several types of...
How Long Does a Background Check Take?
There is no single or distinct answer to the above question given there are different types of background checks. Furthermore, the same kind of background check can take different times to complete because of various factors ranging from the type of information being sought after to technicalities, such as wrong names and legal requirements. In general, checks on an individual's criminal record can take a few hours to several days. The time varies depending on the legal procedures as well as...
What types of claims can an employee allege in a DFEH Complaint?
Types of Protections: Employers that are subject to the Fair Employment and Housing Act are prohibited from discriminating against any person with respect to hiring, firing, compensation, and virtually all terms, conditions, and privileges of employment. Thus, in the absence of a valid defense, such employers will be liable if they discriminate on the basis of any of the following: race; color; national origin;ancestry; sex (including breastfeeding or medical conditions...
Which Employers Are Covered by the Fair Employment and Housing Act?
A Majority of Employers Are Covered The Fair Employment and Housing Act creates a comprehensive coverage to protect against employment discrimination by protecting and safeguarding the right and opportunity of all persons to seek, obtain, and hold employment free from discrimination. It requires employers to treat all individuals equally by evaluating each person on the basis of individual skills, knowledge, and abilities and not on the basis of characteristics generally attributed to a group...
Types of Remedies For Employee After Filing DFEH Complaint
Remedies in Actions by the California Department of Fair Housing and Employment Remedies can include a requirement that the employer conduct training for all employees, supervisors, and management on the Fair Employment and Housing Act’s requirements, the rights and remedies of those who allege violations, and the employer’s internal grievance procedures. In addition, a court may assess against a defendant a civil penalty of up to $25,000 to be awarded to a person denied any right. (Section...
Statute of Limitations to file a DFEH Complaint
Timing of California Department of Fair Employment and Housing Act Complaint(s) A complaint generally must be filed within one year from the date upon which the alleged unlawful practice occurred. Nevertheless, the one-year period may be extended for an additional 90 days if the person alleging to be harmed first obtains knowledge of the unlawful practice more than one year from the date of their occurrence. The statute of limitations generally begins to run at the time the action in question...
How To Prepare For A Labor Board Hearing
Notice of Hearing If your case is not dismissed or settled, within approximately six weeks prior to your hearing, the Labor Commissioner will send a “Notice of Hearing” to you and to your employer. The Notice will provide the time and place of your hearing and the name of the hearing officer (i.e. similar to an administrative judge). You may attempt to reschedule the date and time of your hearing by contacting the hearing officer, but they are under no obligation to do so. Preparing For...
How To Fill Out The Labor Board Initial Report
The Initial Report or Claim is the document which initiates the case with the Labor Commissioner’s Office. You may download the Initial Report or Claim here: https://www.dir.ca.gov/dlse/forms/wage/english.pdf, or pick up a copy from your local Labor Commissioner’s Office. You want to try to provide as much information as possible that is being requested, and to the best of your ability. As an example, if you do know the exact date of your termination or the exact date range of when you...
The Labor Board Pre-Trial Hearing: Everything You Need To Know
Pre-Trial Hearing & Notice of Claim and Conference Typically the Deputy Labor Commissioner handling your claim will set up an informal meeting between the parties following the filing of the Initial Report or Claim. You generally may find the Deputy Labor Commissioner’s contact information on the Notice of Claim and Conference form that is sent to you and your employer prior to the informal hearing. The Notice that you will receive by mail will also include the date you filed your Initial...
Legal Guide to California Labor Board Laws in 2019
The California Labor Board accepts employee claim on a myriad of issues, but generally speaking these claims fall into three categories: Unpaid WagesRetaliationEqual Pay Act Violations Labor Board claims most commonly involve wage and hour issues. As stated, the Labor Board will also handle claims relating to certain types of wrongful termination, specifically retaliation claims, as well as claims based on Equal Pay Act violations. Most Common Labor Board Claims The most common claims...
Beware of Illegal Credit Checks – Consumers Can Receive $10,000 In Penalties
Crosner Legal is a public interest law firm that focuses on helping employees, tenants, injured victims, and people who have been frauded to seek justice and get paid back. The first issue I’d like to discuss is credit and background checks. It is very common that upon submitting an job application, employees are required to undergo a background check. For tenants, it is common that landlords require tenant screenings which check for credit and other character information such as whether...
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