Crosner Legal News Hub: Employee Rights & Class Action Updates
Legal Guide to Spam Phone Calls in 2019
Definition of spam phone calls Spam phone calls are irrelevant, and inappropriate phone calls made mostly for fraudulent or criminal reasons. Crank calls, unsolicited telemarketing phone calls, as well as abusive or obscene phone calls directed mostly to women, qualify as spam calls. Other phone calls that fit into this definition include impersonation calls and tech-support scam calls. Quick spam phone call statistics in the US Americans got 26 billion spam calls in 2018,...
Is it illegal to record someone? (2019 legal guide to call recording laws)
Crosner Legal represents clients facing a wide range of legal disputes, including consumer protection lawsuits on behalf of individuals who have been illegally recorded by a company. This article goes into depth about your rights are as an individual when you are recorded without knowledge or consent by others, the current legislation of recording conversations, and penalties applicable for obtaining recorded conversations. For further information or clarification, give the team at Crosner...
Legal Guide to Spam Text Messages
What is a spam text message? Spam text messages can be defined as junk messages sent to a mobile phone as text messages through SMS (Short Message Service) without prior express permission or invitation from the receiver. Is spam text illegal? Since 2004, it has been illegal to send spam text messages or spam SMS under the TCPA (Telephone Consumer Protection Act). United States citizens who get unsolicited text messages have the right to take legal action against the senders. You...
Legal Guide to Discrimination in the Workplace in 2019
Under California law, employees discriminated against are protected by the Fair Employment and Housing Act (FEHA). Federal law also protects the rights of job applicants and employees, but on a more limited basis than California through the following statutes: The Civil Rights Act of 1964The Americans with Disabilities ActThe Genetic Information Nondiscrimination Act of 2008The Age Discrimination ActThe Equal Pay Act of 1963 Discrimination in the workplace occurs when adverse material actions...
Legal Guide to Pregnancy Discrimination in the Workplace in 2019
What is pregnancy discrimination? Treating women employees or job applicants unfavorably because they are pregnant or have a medical condition/s related to childbirth or pregnancy amounts to pregnancy discrimination in the workplace. Examples of pregnancy discrimination in the workplace Pregnancy discrimination in workplace cases come in many forms. The main ones include: Discrimination in hiring, firing, promotions, etc.Lack of accommodationHarassmentDenial of right to...
Legal Guide to Disability Discrimination in the Workplace in 2019
What is disability? To understand disability discrimination, it’s important to define the term disability. First and foremost, the law doesn’t protect everyone with a health/medical condition. To be considered disabled, you must have all of the following: A mental/physical condition which limits major life activities like walking, hearing, seeing, talking, and learning significantly. A history of disability i.e., cancer in remission A mental or physical impairment that isn’t...
Legal Guide to Religious Discrimination in the Workplace in 2019
What is religious discrimination? The EEOC – the federal agency responsible for administering and enforcing laws against discrimination in US workplaces defines religious discrimination as; treating an employee or applicant unfavorably because of their religious beliefs or practices. Individuals who belong to traditional organized religions like Christianity, Islam, Hinduism, Buddhism, and Judaism are protected by the law (Title VII, of the CRA of 1964) from discrimination. The...
Legal Guide to Racial Discrimination in the Workplace in 2019
Treating a job seeker or employee unfavorably based on their race or personal characteristics/attributes associated with race (like skin color, hair texture, or facial features) amounts to racial discrimination in the workplace. Color discrimination is a form of racial discrimination solely based on a person’s skin color. Although racial discrimination or racism is usually associated with perpetrators of another race, discrimination can also be inflicted by persons of the same color or...
Legal Guide to Gender Discrimination in the Workplace in 2019
What is gender discrimination? Gender discrimination in the workplace refers to negative or unfair treatment in the workplace because of a person’s gender. While men and women are all victims of gender discrimination in US workplaces today, women tend to suffer more than men (42% vs. 22%). Types of gender discrimination in workplaces Gender discrimination in the workplace can take many forms. The main forms include: StereotypingHarassmentDiscrimination in recruitment, remuneration, and...
Legal Guide to Age Discrimination In The Workplace in 2019
What is age discrimination? According to the United States EEOC (Equal Employment Opportunity Commission), age discrimination is treating applicants or employees less favorably because of their age. Age discrimination in the workplace is forbidden in the ADEA (Age Discrimination in Employment Act). According to the ADEA, age discrimination is applicable to older persons only (persons aged 40 and above). Although there are states in the U.S. with laws protecting younger workers from being...
How to Win an Unemployment Appeal
Many Californians have the same question of "how to win an unemployment appeal?" so we decided to write a guide on how to do just that. If you disagree with the decision of the ALJ, you will have 20 calendar days from the date of the decision to file an appeal with the CUIAB in Sacramento. The date of the decision is generally specified on the first page of the decision. Click here for a 100% FREE EDD Benefits guide: EDD Benefits guide The appeal must be in written format and does not need to...
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...
Call us today for a free consultation
1-866-CROSNER