Getting Familiar with the Family and Medical Leave Act (FMLA)

Starting a business is exciting, as well as building your team, creating your culture, and getting things off the ground. But in the rush to grow, many startups overlook a major piece of the puzzle: employment law. It’s not the flashiest part of running a business, but trust us, it’s one of the most important. Missteps here can cost you in lawsuits, penalties, and reputation. The good news? Most of these mistakes are avoidable if you know what to look out for. Here are five common employment law mistakes we see startups make—and how you can steer clear of them: 1. Misclassifying Workers as Independent Contractors This one’s huge in California. Just because you give someone a 1099 doesn’t make them a contractor. If they’re working under your direction, doing the core work of your business, and don’t have their own independent operation, the law may see them as an employee—and misclassification can lead to major fines and back pay. Tip: Use California’s ABC Test as your guide, and when in doubt, talk to an employment attorney before bringing someone on. 2. Skipping Offer Letters or Employment Agreements Verbal agreements might feel easier in a fast-moving startup environment, but they can lead to confusion (and legal trouble) down the road. A clear offer letter or employment agreement sets expectations from day one and protects you and your new hire. Tip: At a minimum, outline pay, job duties, at-will status, and any policies you expect employees to follow. 3. Neglecting Wage and Hour Compliance Meal breaks, rest breaks, overtime—California is strict regarding employee rights. And no, startup culture doesn’t get a pass. Not tracking hours properly or expecting employees to work through lunch can land you in hot water fast. Tip: If hiring hourly workers, ensure you understand (and follow) state labor laws on breaks and overtime. Use timekeeping tools to stay compliant. 4. No Employee Handbook or Policies A basic employee handbook is key, even if you have only a few team members. It sets the tone for your company culture and outlines expectations regarding workplace behavior, time off, harassment policies, and more. Tip: Start with a simple handbook and update it as you grow. It shows professionalism—and offers legal protection. 5. Not Getting Legal Advice Early Enough We get it—lawyers can feel like a “big company” expense. However, a quick consultation early on can prevent costly mistakes later. Whether it’s onboarding your first hire, setting up contracts, or handling a termination, having legal guidance can save you severe stress. Tip: Think of it as an investment in your business’s foundation. Preventing one lawsuit easily outweighs the cost of a few hours of legal advice. Startups move fast, and pushing “HR stuff” to the back burner is easy. But handling employment issues right from the start isn’t just smart—it’s good business. It protects your people, your reputation, and your bottom line. Need help making sure your startup is on solid legal ground? The Gould Firm has your back. Whether hiring your first employee or scaling your team, we’ll help you stay compliant and focused on what you do best, growing your business.

Let’s face it—when you’re running a business in California, the line between an independent contractor and an employee can get pretty blurry. But here’s the thing: misclassifying someone isn’t just a paperwork issue—it can cost your business big time. You do not want to deal with penalties, lawsuits, and owed wages. So, how can you tell if someone you’ve classified as an independent contractor should be treated as an employee? Let’s break it down in simple terms. The ABCs of Worker Classification California uses what’s known as the ABC Test to determine whether a worker is truly an independent contractor. Under this test, all three of these conditions must be met: A. The worker is free from control: They decide how, when, and where to do the job. You’re not micromanaging their every move. B. The work is outside your usual business: If you run a bakery and hire someone to fix your plumbing, great—they’re likely a contractor. But if you hire someone to decorate cakes with you every day? That’s your core business—they’re probably an employee. C. The worker has an independent business: They’ve got their own thing going on, maybe even other clients. They aren’t relying solely on you for work. If any one of these isn’t true, then guess what? You’ve got an employee on your hands. The Exceptions Not every job falls neatly into the ABC Test. Some professions—like doctors, lawyers, accountants, and real estate agents—are exempt and judged under an older rule called the Borello Test. This test considers many factors, like how much control you have over the worker, how skilled the job is, and how long they’ve been doing it for you. But just because someone is “exempt” doesn’t automatically make them a contractor. You still have to look at the big picture. Why It Matters If you misclassify an employee as a contractor, you could be on the hook for: Back wages (including overtime) Unpaid payroll taxes Missed meals and rest breaks Workers’ comp penalties Legal fees Fines from the IRS and California Labor Commissioner Even if it’s an honest mistake, the law tends to side with the worker—so it’s not a gamble you want to take. What This Looks Like in Action Let’s say you run a marketing agency. You bring on someone to handle social media for a few months. They work from your office, use your equipment, and you set their hours. Even if you call them a contractor and give them a 1099, the state will likely say: Nope, they’re an employee. On the flip side, if you hire a freelance designer to create a one-time logo from their studio, on their schedule, using their tools—now that’s a legitimate contractor. How to Stay on the Right Side of the Law Here are some tips to protect yourself and your business: Audit your workforce – Look at who you’ve classified as a contractor and see if they pass the ABC Test. Don’t rely on titles – Just because your agreement says “independent contractor” doesn’t make it so. Avoid control – Contractors should manage their time, tools, and methods. Keep good records – Contracts, invoices, business licenses—everything helps. When in doubt, get legal advice – It’s worth the peace of mind. California has made it clear: if you use contractors to do your business’s core work and treat them like employees, you must reclassify them. It might take a little more effort upfront, but trust me—it’s cheaper than a lawsuit. Need help navigating the rules? Reach out to The Gould Firm—our experienced employment law team can help you stay compliant and avoid costly mistakes.

In the State of California, according to the “at-will” employment law, employers and employees have the right to terminate their employment with or without cause or notice. Although this law is flexible, it also considers critical legal considerations that impact both parties. We at the Gould firm think it's essential that everyone understands their legal rights and the laws that affect them. What Does “At-Will” Employment Mean? In simple terms, “at-will” employment means that the employer and the employee are free to fire or quit at any time without providing a cause. Although at-will employment allows for flexibility for employers and employees, it does not preclude discriminatory or unfair terminations. Employees can’t be fired by their employers for violating anti-discrimination laws, breaking an employment contract, or retaliating against them for participating in protected activities like reporting problems at work or coming out with a whistle-blower complaint. Exceptions to At-Will Employment However, there are a few exceptions to the general at-will employment rule: Implied Contracts: Courts may recognize an implied contract restricting at-will termination if an employer provides written or verbal guarantees of ongoing employment. Public Policy Violations: If an employee refuses to participate in unlawful activity, for example, their employer is not allowed to fire them for violating public policy. Fair Dealing and Good Faith: Employers are prohibited from acting dishonestly, such as making up reasons for firing employees to avoid paying benefits. Discrimination and Retaliation Protections: Employers cannot terminate employees based on protected characteristics such as race, gender, age, disability, religion, or sexual orientation. Similarly, employees are protected from retaliation for reporting discrimination, harassment, or unsafe working conditions. Employees Limitations: Employees may be bound by non-compete clauses, confidentiality agreements, or contracts that limit their ability to work for competitors. Some industries (like healthcare and finance) may have additional regulations on terminations. How to Protect Yourself in an At-Will Job For Employees: Document any emails, performance evaluations, or communication implying job stability. Read employee handbooks and corporate rules; some may inadvertently generate contractual responsibilities. Request a written explanation if you are fired; some businesses offer one. Keep a record of what happened, and get legal counsel if you believe someone was fired unfairly. For Employers: Employers should include explicit at-will disclaimers in contracts, handbooks, and offer letters. Unless specifically stated, avoid implying employment stability in written or spoken communications. To prevent wrongful termination lawsuits, document performance concerns and termination reasons. While at-will employment allows flexibility, employees and employers must understand their rights and responsibilities. Consulting with an employment attorney can help determine the best action if you have been wrongfully terminated. Navigating at-will employment laws can be complex, especially when wrongful termination or employment disputes arise. The Gould Firm is here to help you determine if you have a valid claim and what steps to take next. Our team has experience in employment law, and we can provide the support you need through these difficult times.

Disability discrimination in the workplace continues to be an issue despite the protections provided under the Americans with Disabilities Act (ADA) and similar state laws like California's Fair Employment and Housing Act (FEHA) . These laws were designed to ensure that employees with disabilities are treated fairly and have equal opportunities to succeed in their careers. Employers are legally obligated to accommodate employees with disabilities, but unfortunately, non-compliance or violations can still occur. If you are an employee who feels your rights are being violated, it’s important to understand both your employer’s responsibilities and your rights, and what you can do if you believe those obligations are not being met. Employer Responsibilities Under the ADA Under the Americans with Disabilities Act (ADA) , employers with 15 or more employees are required to provide reasonable accommodations for employees with disabilities. These accommodations can include changes to the work environment, the job duties, or the way tasks are performed, all aimed at allowing the employee to perform essential job functions. Key employer responsibilities include: Providing Reasonable Accommodations : Employers are required to make reasonable accommodations for employees with disabilities unless doing so would cause significant difficulty or expense. This can involve adjusting work schedules, modifying equipment, altering the work environment, or providing additional leave for medical treatments. Engaging in the Interactive Process : One of the critical requirements under both the ADA and FEHA is the "interactive process." Employers must work directly with employees to identify the limitations caused by their disability and discuss potential accommodations. This is a collaborative and ongoing process, where both parties should explore viable solutions in good faith. Non-Discrimination : Employers must ensure that employees with disabilities are not discriminated against in hiring, firing, pay, job assignment, or promotion. They cannot treat employees with disabilities less favorably because of their condition, and they cannot punish employees for asserting their rights under the ADA. Confidentiality : Employers must maintain confidentiality regarding an employee's medical condition or disability. Information about a disability should only be shared on a need-to-know basis. What to Do If You Believe Your Employer Isn’t Compliant If you suspect that your employer is not complying with the ADA, you may be facing disability discrimination or a failure to accommodate. Unfortunately, these violations can lead to career setbacks, unnecessary stress, and even harm to your health. Here's what you should do if you believe your employer is not meeting their obligations: Document Everything Keep Records : Begin by documenting all interactions related to your disability and accommodation requests. This includes emails, notes from meetings with HR, or any written communications that outline your accommodation needs. If your employer refuses to make accommodations or treats you unfairly, having this documentation will be invaluable for proving your case. Track Your Disability-Related Needs : Keep track of any specific needs you have related to your disability, including how those needs may affect your ability to perform your job. Also, make note of any medical treatments, such as doctor visits or therapy sessions, that are necessary for managing your condition. Communicate with Your Employer Request Accommodation in Writing: If you haven’t already, formally request reasonable accommodations. This request should be made in writing to your supervisor or HR department, and it should outline the accommodations you need to perform your job effectively. Engage in the Interactive Process : If your employer does not respond or refuses to engage in a discussion about accommodations, request a meeting to initiate the interactive process. This process is meant to be collaborative and allows both parties to discuss potential solutions. Know Your Rights Understand the ADA and FEHA : Familiarize yourself with the rights you have under both the ADA and California's FEHA. These laws are designed to protect employees with disabilities and require employers to accommodate these employees unless doing so would cause undue hardship. Know what constitutes a reasonable accommodation, and be prepared to articulate why an accommodation is necessary for your success at work. Identify Discriminatory Actions : Some signs of disability discrimination may include being passed over for promotions, termination due to your disability, harassment or bullying because of your condition, or being forced to work beyond medical restrictions. If you experience any of these issues, they may be actionable under the law. File a Complaint with the EEOC or DFEH Federal and State Agencies : If your employer refuses to accommodate you or discriminates against you because of your disability, you can file a formal complaint. At the federal level, this is done through the Equal Employment Opportunity Commission (EEOC) , and in California, you may file with the Department of Fair Employment and Housing (DFEH) . Both agencies investigate claims of discrimination and failure to accommodate. File Promptly : Be mindful that there are deadlines for filing discrimination claims. The EEOC requires complaints to be filed within 180 days from the discriminatory act, while California’s DFEH typically has a one-year filing deadline. Failure to file within the required time frame can result in the loss of your legal rights. Consult with an Experienced Disability Discrimination Attorney Get Professional Help: Disability discrimination and accommodation violations can be complex. Consulting with an experienced employment attorney can help you understand the nuances of the law and your options. A skilled lawyer can assist you in navigating the process, filing complaints with the appropriate agencies, and even pursuing a lawsuit if necessary. Protecting Your Rights Disability discrimination is illegal , but it is still prevalent in many workplaces. Employees with disabilities have the right to reasonable accommodation and protection from discrimination. If you believe your employer is not complying with ADA or California’s disability laws, it’s crucial to take action as soon as possible. Document everything, engage in the interactive process, and know your rights. If you believe you have been discriminated against or denied necessary accommodations, don’t wait—contact us today. Our experienced attorneys specialize in employment law and are committed to fighting for your rights. We’ll help you navigate the complex legal process and ensure that you receive the accommodations and justice you deserve. Reach out to us today for a consultation, and take the first step toward securing your rights in the workplace.

Originally, the phrase “whistle-blower” referred to a person who exposed the unlawful activities of a business or corporation that was cheating the government. Over time, however, the definition expanded to include any worker who spots and reports unlawful activities occurring at work or discloses corporate crimes that are being carried out without the victim’s awareness. It’s important to understand the legal landscape and the steps necessary to make a strong case if you’re considering becoming a whistleblower. California Law provides strong safeguards for people who come forward. At Gould Firm, we aim to provide a comprehensive guide to help you develop a strong California whistleblower case. Understand What Constitutes Whistleblowing Whistleblowers are crucial in exposing financial misconduct, safety breaches, fraud, and other unlawful activities in order to maintain accountability and legal compliance. These may consist of activities like fraud, discrimination, harassment, environmental violations, wage and hour violations, and health and safety violations. Whistleblowers in California have the option to inform government agencies or their own internal organization about wrongdoings. You must have a reasonable belief that the wrongdoing took place, and the violation must be unlawful or unethical. Document Everything It’s important to keep records of all the relevant information that will support your claims and build a strong whistleblower case. This includes: Emails or any form of communication Meeting notes Photos and video evidence of violations Reports that were made to your managers or HR Any witnesses willing to corroborate your claims Your records will be crucial in supporting your allegations, so ensure they are detailed, organized and accessible. Ensure You Have a Valid Claim You have to ensure that the actions you are reporting are indeed illegal. California law only protects whistleblowers when they report violations of laws, regulations, or public policies. For example, you may not be protected under whistleblowers laws if you are reporting an issue that is simply a matter of company policy or internal disputes. You’ll want to consult with an attorney who knows whistleblower cases and can review and tell you how to proceed. Know your Whistleblower Protections Under the California Whistleblower Protection Act (Labor Code Section 1102.5), employees are protected from retaliation for reporting violations of laws or regulations. So, employers can’t fire, demote, harass, or otherwise retaliate against employees for making a whistleblower complaint. You’ll want to document any retaliation you believe your employer is taking part in. Whether that be changes in your job deputies, warnings, or adverse actions. File a Complaint with the Proper Authorities Depending on the type of infraction, whistleblower complaints in California may be sent to multiple agencies. Typical agencies include the following: The California Labor Commissioner’s Office (for wage and hour violations) The California Department of Fair Employment and Housing (for discrimination or harassment) The California Environmental Protection Agency (for environmental violations) The U.S. Securities and Exchange Commission (for fraud in financial markets) It’s essential to file with the correct agency so that your cause can be thoroughly investigated. Your lawyer can assist you with the filing procedure and make sure that all the paperwork is filed. Consider the Role of Legal Counsel Cases involving whistleblowers can be complicated, particularly when retaliation or big, resource-rich businesses are involved. It is essential to have an experienced lawyer on your side. They can help you: Handle the legal system Recognize your rights and safeguards Make sure the foundation of your case is strong Deal with your employer's retaliation or other types of retribution Explore options for filing a lawsuit if necessary A lawyer can also make sure you comprehend the possible outcomes of your case, such as your chances of getting compensation for any injuries you sustained because of retaliation. Prepare for Potential Challenges It’s not easy being a whistleblower even though you are protected by California law, as employers may use all tactics to discredit your claims. Likewise, they can make false allegations against you or intimidate you. It's important to be prepared for the emotional and professional challenges that may arise but remember that you are standing up for what is right. Careful planning, solid documentation, and a thorough awareness of your legal rights are necessary to construct a compelling whistleblower case in California. You may make sure that your case is presented successfully by being aware of the protections that are available to you and by collaborating with a competent lawyer. Don't be afraid to speak up and change things if you think you have seen unethical or unlawful behavior. With the correct strategy, you may successfully navigate the whistleblowing process, and California law is on your side. Get in touch with the knowledgeable lawyers at Gould Firm if you require assistance in pursuing a whistleblower lawsuit. Our goal is to assist you in pursuing justice and defending your rights.

When leaving a company employees are typically offered severance packages, a collection of benefits and compensation that help them in their financial transition. Signing these contracts without fully understanding them can have lasting legal and financial consequences. At the Gould Firm, we strive to equip you with the knowledge and tools you need to fully understand your severance package and the key factors to consider before signing. We recognize that it can be difficult to fully grasp the grounds you may have to challenge your termination or the severance package you’ve been offered, but our attorneys are equipped to guide you through the process, ensuring that your rights are protected, and you receive fair treatment. What is a Severance Agreement? A severance agreement is a legal contract between an employer and an employee outlining the terms of the employee’s departure. It will typically cover the rights and responsibilities of each party involved. These agreements often include: Monetary compensation: a lump sum or continued salary payments. Benefits: Extended health insurance or paid time off. Other provisions: Non-disclosure agreements or job placement assistance. It’s important to review these terms carefully, as what may appear generous on the surface is not always as favorable as it seems. Why You Should Review Severance Agreements Carefully If an employee does not read a severance agreement carefully, they could be waiving their legal rights, such as the ability to sue for wrongful termination or discrimination, as employers may try to limit their liability by including clauses that release them from future claims. Likewise, these may include non-competing or non-disclosure agreements, which can limit your future job prospects or restrict what you can say about your employment. Key Elements to Consider Before Signing Here are some questions and elements you should consider asking yourself before signing. Severance Pay: Is the compensation fair given how long you have worked there and the reason for your departure? Health and Benefits Continuation: How long will your benefits, like health insurance last and will they continue for a set period? Unemployment Eligibility: Will accepting this severance package affect your eligibility for unemployment benefits? Legal Rights Waiver: Are you giving up the right to pursue claims, such as wrongful termination or discrimination lawsuits? Non-Compete agreements: Does the agreement unfairly restrict your ability to work in your field? Ensure that the agreement does not restrict in this way. What to Do if You Don’t Agree with Terms Negotiate: You have a right to negotiate the agreements and are often able to do so. You may be able to secure better terms, such as higher severance pay, extended health benefits, or more favorable non-compete clauses. Consult an Attorney: You’ll want an attorney to review the agreement before signing. As they will be able to help identify any unfavorable terms and advise you on the best course of action. Take Your Time: Please take your time and do not rush over reading the agreement. It’s important to consider everything stated. Legal Implications of Signing a Severance Agreement It’s crucial you fully understand all the consequences before finalizing the agreement with your employer. Once you sign the severance agreement, it becomes legally binding. Therefore, you may have waived your right to pursue claims for any issues like unpaid wages. How the Gould Firm can Help Severance agreements can provide a sense of financial relief, but as an employee you need to be aware of any strings that come attached to them. That’s why it’s essential to always review these agreements carefully, seek legal advice, and ensure you understand your rights before signing. The Gould Firm’s employment law attorneys can offer you a range of ideas or services to assist you in obtaining a better package. We will review and help you negotiate your severance agreements to guarantee your rights are protected. In certain situations, a consultation with an attorney can provide you with the necessary guidance on your rights, enabling you to make informed decisions about how to address your employer. In other instances, we may engage in employment mediation, arbitration, or negotiation to secure a severance package that accurately reflects your true value as an employee. No matter what steps we at the Gould Firm take, our commitment remains the same: to advocate for your rights and make certain you receive fair compensation.

Many employers exploit their workers by violating their employment rights concerning their wages and overtime. That’s why it is crucial to understand overtime laws and how federal and state regulations protect workers' rights. Unfortunately, many employees are unaware of their eligibility or what to do if they don’t receive their overtime pay. That’s why it’s important to ask yourself questions like: Does your employer routinely ask you to work off the clock to avoid paying overtime? Are the hours you work being properly accounted for? Are you being paid less than minimum wage? And does your employer classify you as a manager to deny you overtime? If you answered yes to any of these questions, your employer may be cheating you out of your wages and violating the law. At The Gould Firm, our San Diego wage and hour lawyer will pursue your employer to recover monetary damages, like lost wages, penalties, interest and attorney’s fees you may be entitled to. Our firm believes that all employees deserve to be treated fairly and paid for all the hours they have worked. What Are Overtime Laws? Overtime is considered any extra time working beyond a standard workweek and getting extra compensation for that time. According to the Fair Labor Standards Act (FLSA), overtime pay kicks in when an employee works more than the standard 40-hour workweek. When an employee does work overtime their pay is typically 1.5 times their regular hourly rate, which is referred to as “time and a half.” Employees should note that some states, like California, also mandate overtime for working more than 8 hours in a day. Who Qualifies for Overtime? Understanding whether you are a non-exempt or exempt employee is crucial to knowing if you qualify for overtime, as not all employees are eligible. Non-exempt employees are typically hourly workers who qualify for overtime pay under FLSA, as they are protected by federal and state wage laws. While exempt employees are not entailed to overtime pay under FLSA guidelines, as they are salary workers, professionals and executives. It’s important to check both federal and state laws as some laws expand their overtime eligibility to employees. What to Do If Your Employer Refuses to Pay Overtime Here are the steps you can take if you believe you are not receiving the overtime pay, you’re entitled to: Review Company Policies: Check your employee handbook or signed contract for company-specific overtime rules. Track your hours: Keep a detailed record of your work hours, including breaks, to document any of your overtime. Report Internally: Raise the issue with your human resource department or employer, doing so may resolve the issue internally. File a Wage Complaint: If your employer refuses to pay your overtime, you’ll have to file a wage complaint with the Department of Labor (DOL) or your state’s labor agency. Seek Legal Help: Consider consulting with an employment law attorney to help recover any larger or unpaid wages. Penalties for Employers Who Violate Overtime Laws Employers who refuse to pay overtime wages may face legals consequences, including fines, penalties, and being required to pay back wages for up to two to three years, depending on the severity of the violation. Employees also have the right to recover back pay and may be able to claim compensation for the period during which their employer violated overtime laws. Protect your Rights If you believe your employer is violating your rights, reach out to The Gould Firm’s experienced employment law attorneys to help you recover your unpaid overtime wages. Our team will guide you through the legal process and ensure your rights are protected. Do not hesitate to exercise your rights with management, as overtime laws are in place to protect you, and legal action may be necessary. If you are being denied fair compensation for overtime, take action by keeping records, knowing your rights and consulting an attorney. Contact the Gould Firm for a consultation, as we understand how overwhelming it can be to stand up against an employer, and we’re here to support you every step of the way.

Have you faced negative actions at work because of filing a complaint or engaging in other protected activities? If so, you may have grounds to file a claim against your employer for compensation. As an employee you have a right to speak up against any harassment, discrimination, safety violations, or fraud you may experience or witness. To ensure a safe, fair, and lawful work environment it’s important to report any misconduct you may see. Unfortunately, employees may face retaliation as a result, which is any form of workplace punishment for reporting a wrongdoing. Retaliation is a common act that an employer can take against an employee and can be very challenging to prove in California, as employers rarely ever admit their actions. That's why you need an experienced employment attorney to take on your case. At The Gould Firm, we have the right employee attorney to protect your rights and fight for you in your retaliation claims. The Gould Firm has represented many victims of retaliation and has a track record of success. Let’s break down what is considered retaliation, how to recognize it and the steps you can take to protect yourself after reporting misconduct. What is Retaliation? When an employee engages in legally protected activity, such as reporting misconduct, discrimination, or other unlawful practices, an employer can retaliate by taking negative actions towards the employee. Let’s examine some of the common forms of retaliation, as they can range from being demoted or fired to more insidious forms like increased scrutiny. Common forms of Retaliation include: Termination: Being fired shortly after reporting the misconduct. Demotions: Demoting the employee’s job title, responsibilities, or pay. Exclusion: Excluding an employee out of important meetings, projects, or communications. Negative Performance Reviews: Having no justification for giving an employee a poor performance review. Hostile Work Environment: Creating a work atmosphere that is unbearable for the employee to continue working in, by bullying or criticism. What Protections are in Place Against Retaliation? There are multiple laws in place that protect employees from retaliation and prohibit employers from engaging in these types of activities. These include: Fair Employment and Housing Act (“FEHA”): Which prohibits an employer from retaliating against any employee who engages in protected activity. Government Code Section 12940, subdivision (h): This law protects employees who resist or object to discrimination or harassment. It is considered unlawful for any employer to discharge, expel, or discriminate against any employee because they oppose any practices forbidden under the law. The Fair Labor Standards Act (FLSA ): Protects employees who file complaints regarding wage and hour violations. The Occupational Safety and Health Act (OSHA): Protects workers who report safety violations. Whistleblower Protection Laws: Shield employees who report corporate fraud or other legal violations. Title VII of the Civil Rights Act of 1964: Prohibits retaliation against employees who report workplace discrimination. Under these laws, employers can’t legally punish you for exercising your rights, and if they do, you may have grounds to file a retaliation claim. How to Recognize Retaliation Retaliation can be difficult to identify if you don’t know what signs to look for, as negative actions taken by your employer may not always be direct or immediate. If you start to notice changes in your work environment or treatment shortly after you've filed, that could be a red flag. Some warnings signs could include: A sudden shift in performance evaluations with no justifications. Increased criticism of your work that wasn't an issue before. Being passed over for promotions, raises, or projects. An abrupt change in job duties. Steps to Take If You Suspect Retaliation Document Everything: Make sure to keep detailed records of all your interactions with your employer. For example, any records of work performance, emails, meeting notes, and any interactions related to the misconduct. Review Company Policies: Check your company's employee handbook for anti-retaliation policies so you can know the process for handling complaints. File an Internal Complaint: Next you will want to file a formal complaint to the company's human resources department. Provide as much documentation as possible to support your claim. Seek Legal Advice: Consult an employment law attorney who can help guide you through this complex process and file the formal complaints to the Equal Employment Opportunity Commission (EEOC). File a Complaint with EEOC: If internal processes don’t help resolve the issue, you’ll then want to file a retaliation complaint with the EEOC. You’ll have to provide them with all your documentation that displays the negative actions taken by your employer. Proving Retaliation When trying to prove retaliation you need to provide evidence that you took part in a protected activity like reporting misconduct, filing a complaint or exercising your legal right s. Then you need to show that as a result your employer took negative actions against you like demotion, termination, or creating a hostile work environment. Lastly, there needs to be evidence that an action occurred because of your report. Time will play a big role in proving that retaliation happened, as you want to prove it occurred right after your complaint. If you suspect that you’re being retaliated against, don’t hesitate to take action. Employees who stand up for their rights should never face punishment for doing so. The best way you can protect yourself and hold your employer accountable is by documenting retaliation, understanding your rights, and seeking legal advice. The Gould Firm is here to assist you with our qualified employment law attorneys. We can help you navigate all the complexities of the legal system and ensure your rights are protected.

Daycare facilities are meant to be safe havens for children, providing care and supervision while parents are at work. However, accidents and injuries can occur, sometimes due to negligence or unsafe conditions. At the Gould Firm, we specialize in personal injury law, including cases involving daycare facility injuries. Our goal is to ensure that children receive the protection they deserve and that responsible parties are held accountable. In this blog post, we’ll discuss what daycare facility injuries entail, the legal actions that can be taken, and how the Gould Firm can assist you. What Are Daycare Facility Injuries? Daycare facility injuries refer to any harm that a child sustains while under the care of a daycare provider. These injuries can range from minor cuts and bruises to more serious incidents, such as broken bones, head injuries, or even fatalities. Common causes of daycare facility injuries include: · Lack of Supervision: Insufficient staff-to-child ratios or inattentive caregivers. · Unsafe Facilities: Poorly maintained equipment, hazardous playgrounds, or unsafe sleeping areas. · Negligence: Failure to follow safety protocols, inadequate staff training, or failure to administer medication properly. · Abuse or Neglect: Physical, emotional, or sexual abuse by staff or other children. Legal Actions for Daycare Facility Injuries When a child is injured at a daycare facility, parents may have the right to pursue legal action to seek compensation for medical expenses, pain and suffering, and other related costs. The legal process typically involves the following steps: 1. Documenting the Injury Gathering evidence is crucial. This includes medical records, photographs of the injury and the site where it occurred, and any eyewitness statements. Keeping detailed notes on the events leading up to and following the injury can also be helpful. 2. Reporting the Incident Informing the daycare facility about the injury is essential. They should document the incident in their records and provide you with a copy of their report. In some cases, it may also be necessary to report the incident to state licensing authorities or child protective services. 3. Consulting an Attorney Consulting with a personal injury attorney who specializes in daycare facility injuries is crucial. An attorney can help determine whether you have a valid claim, identify liable parties, and navigate the complexities of the legal system. 4. Filing a Claim If negligence or wrongdoing is suspected, your attorney will help you file a personal injury claim against the daycare facility or responsible parties. This claim may seek compensation for medical bills, rehabilitation costs, pain and suffering, and other damages. How the Gould Firm Can Help At the Gould Firm, we have extensive experience handling personal injury cases, including those involving daycare facility injuries. Here’s how we can assist you: · Expert Legal Advice: We provide knowledgeable guidance on your legal rights and options, helping you understand the best course of action for your specific situation. · Thorough Investigation: Our team conducts a comprehensive investigation to gather evidence, interview witnesses, and build a strong case on your behalf. · Skilled Negotiation: We negotiate with insurance companies and other parties to secure fair compensation for your child’s injuries and related expenses. · Court Representation: If a fair settlement cannot be reached, we are prepared to represent you in court, advocating vigorously for your child's rights and interests. Daycare facility injuries can have a lasting impact on a child’s life and their family's well-being. Understanding your legal rights and the steps you can take is essential in seeking justice and ensuring such incidents do not happen again. The Gould Firm is dedicated to advocating for the safety and rights of children and their families. If your child has been injured at a daycare facility, contact us today for a consultation. We are here to help you navigate this challenging time and secure the compensation your child deserves.