Employer Misconduct

 

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Employer misconduct is an actionable wrong.  An employer who causes injury to an employee due to a serious and willful misconduct is liable for permanent or temporary disability, medical or vocational rehabilitation benefits.

According to the California Supreme Court, awards for serious and willful misconduct are an additional benefit. It must be paid out of employers’ own funds.

Employer’s misconduct is difficult to prove. This is because malicious, vicious and cruel behaviors are intentionally hidden from the rest of the employees.

Our employment attorneys will uncover these hidden misconducts. We will gather evidence and vital information to prove than your employer is guilty of a serious and willful misconduct.

Should you need to quit your work due to your employer’s misconduct, you should do it the right way.

1. Confront your boss or supervisor. Give initial verbal warning then follow up with a written one. Be sure to document it.
2. Inform other co-employees about the conduct or always be with the company of others as they can serve as vital witnesses.
3. It is best to document every thing no matter how insignificant it is.
4. If you heard of a similar misconduct from co-workers, write it down.  Be very discreet when verifying the truth or falsity of the rumor.
5. Exhaust all remedies. Use company procedures in resolving disputes.  In case of inaction, you may pursue a claim against the concerned individual.

While violation of the company rule often results to misconduct, a violation by itself is not misconduct.  It will only be considered misconduct if:

• The rule violated is reasonable;
• The claimant-employee knows the rule; and
• The violation is wanton and willful.

When you hire our skilled employment lawyers, they see to it that the above conditions are met. They will make sure that the employer will be held liable for acts committed against the already oppressed workers.

When you call us through our toll free hotline or send us a free case analysis, we promise to make all information confidential. We will make everything to win your employment case.

http://www.employmentattorneyservices.com