Curtis E. Allen, Esq.
303 Twin Dolphin Drive, Suite 600, Redwood City, CA 94065
Ph & Txt 650 868 6620; Fax 650 362 1864

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Your Earnings

Enforcing Clients' Other Rights

In addition to more traditional civil rights claims, I help my clients pursue their rights in and out of the employment context.

Wage / Bonus / Stock Option Claims

All non-union employees (as opposed to independent contractors and under certain conditions union employees) have certain rights that are protected under the California Labor Code and the Federal Fair Labor Standards Act. For example, such an employee has a right to be paid: (a) the amount s/he has been promised (unless given appropriate advance notice of a change); (b) his or her wage in full and on time; (c) earned overtime; and (d) full and timely final pay upon the end of the employment relationship. 

Earned bonuses and commissions are often considered "wages" and are also due on time.  Under certain circumstances if your employment ends through no fault of your own there is a good argument that you are entitled to a pro-rated share of an earned bonus or commission that has not fully vested at the time of your separation.  Not-yet-vested stock options are a bit trickier, but the stock option paperwork is always worth close scrutiny.      

Additionally, California and Federal labor codes protect employees from retaliation for good faith attempts to complain about wage & hour violations or good faith attempts to enforce wage & hour laws.

Related Unfair and Misleading Business Practice Claims

A handful of laws protect employees and consumers from certain unfair and/or misleading business practices.  In California it is also illegal to terminate someone in violation of what the legislature has determined to be a fundamental public policy. Additionally, it is illegal to terminate someone in retaliation for their opposition or refusal to engage in fraud on a) the government; b) shareholders/potential shareholders; or c) customers. Some of these prohibitions are contained in the Federal and State False Claims Acts, the Sarbanes Oxley Act, the Internal Revenue (Tax) Code and the California Business & Professions Code.  

In some instances there are whistle-blower finders fees for those who complain directly to the government.  But you should consult an attorney before making such a complaint on your own!