Law Offices of Alan Adelman Law Offices of Alan Adelman 2026-09-23T20:55:23Z https://www.alanadelmanlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1503910/2020/02/cropped-AlanAldeman_FAVICON_512x512_FEB20-32x32.jpg On Behalf of Law Offices of Alan Adelman <![CDATA[3 ways California employees can protect a potential wrongful termination claim]]> https://www.alanadelmanlaw.com/?p=48381 2026-09-18T20:57:14Z 2026-09-23T20:55:23Z Practical steps after a wrongful termination in California Taking clear, timely actions after termination can help an employee maintain control over their story and protect important legal rights. Even though a termination is a hard time, the employee may have to do the following steps to make a strong future claim:
  • Keeping records of workplace problems: Employees should save important records. These may include emails, texts, performance reviews, disciplinary notices and complaints to a supervisor or HR. They should also create a timeline of key events. This can include when they reported workplace problems or engaged in other protected activity.
  • Documenting the reason for termination: Employees should keep any termination letter or written explanation from the employer. They should also write down what happened before the termination while it's still fresh. If the employer's explanation changes or if discipline happens soon after a complaint, this can matter when reviewing a wrongful termination claim. Limiting discussion of the case: Employees should avoid discussing the dispute with coworkers, potential witnesses or on social media. They should not delete, alter or destroy messages, documents or other employment-related information. These steps may help preserve evidence for an attorney’s review.
By following these steps, an employee can create a clear, organized record that strengthens their position if they decide to pursue legal action.

Understanding which law applies and when to act

In California, wrongful termination claims may involve discrimination or retaliation under the Fair Employment and Housing Act (FEHA). They may also involve public policy violations or whistleblower protections under the California Labor Code. The applicable law depends on the specific facts. An employment attorney familiar with California law can review the available evidence and explain whether it may support a claim.]]> On Behalf of Law Offices of Alan Adelman <![CDATA[How to recover unpaid commissions in California]]> https://www.alanadelmanlaw.com/?p=48380 2026-09-18T20:57:06Z 2026-09-23T20:55:23Z What to review when a commission is unpaid California law requires employers to provide written agreements to employees who receive all or part of their compensation through commissions. Workers seeking unpaid commissions should consider:
  • Understanding the commission agreement: The agreement explains how and when you earn commissions. It may set conditions such as completing a sale, receiving customer payment or meeting another requirement. These terms can help determine whether the employer failed to pay a commission you earned.
  • Gathering supporting records: Collect supporting documentation like sales receipts, pay slips, commission calculations, employment contracts and emails regarding commission payments. These records serve a dual purpose , establishing the amount the employer owes and supporting a wage claim if the dispute continues.
Employees in California can file a claim when an employer fails to pay wages or overtime. They can also file claims for unpaid minimum wages and other benefits. The legal team will examine the case and most likely arrange a settlement conference. In case the issue is not resolved, then the case will go for hearing.

How to pursue an unpaid commission claim

Workers should check the applicable filing deadline because the time available to pursue unpaid wages can depend on the legal basis for the claim. Consulting an employment attorney may bring clarity and peace of mind knowing that unpaid commissions won't go unclaimed.]]> On Behalf of Law Offices of Alan Adelman <![CDATA[When an employer fails to accommodate a disability in California]]> https://www.alanadelmanlaw.com/?p=48379 2026-09-01T10:50:20Z 2026-09-04T10:49:20Z Understanding the accommodation duty California's Fair Employment and Housing Act sets clear rules for employers with five or more workers. Under this Act, covered businesses must provide reasonable help to qualified workers with disabilities. This duty exists unless the change causes undue hardship. A company must talk with the individual. It must review all options. It must consider effective workplace changes. State law does not require the exact solution requested every time. It does require a real, good-faith effort to find something that works.

Recognizing common accommodation failures

A failure to accommodate takes several forms. Some frequent examples include:
  • Ignoring a request for workplace changes
  • Denying medical leave that may qualify as reasonable help for a disabling condition
  • Refusing a modified schedule without proper review
  • Rejecting equipment or tools that would support job performance
  • Ending the interactive process before viable options are fully explored
These actions may show that the business failed to meet its legal duties under California law.

When an employer's failure may support a legal claim

A claim often depends on several key facts:
  • The individual must have a protected disability or medical condition
  • The business must have known about the disability or need for help
  • The person must be able to perform essential job duties with reasonable changes
Both parties must participate in the interactive process in good faith. Workers should share their limits and needs. They should also provide requested medical records. Employers must truly consider all reasonable options. When either side fails to act in good faith, it weakens the legal position.

What to consider after an accommodation is denied

When a company fails to accommodate a disability in California, the results may extend beyond workplace frustration. Lost wages, emotional distress, discipline and job loss may result. California law generally requires filing a complaint with the California Civil Rights Department within three years of the alleged FEHA violation. Workers must obtain a right-to-sue notice before pursuing a civil lawsuit. Acting quickly after denial helps preserve these legal options. Reviewing the timeline of requests, company responses and any resulting workplace actions can help determine whether the business met its legal duties and what remedies may be available.]]> On Behalf of Law Offices of Alan Adelman <![CDATA[Does a performance improvement plan always lead to termination?]]> https://www.alanadelmanlaw.com/?p=48374 2026-08-18T11:25:56Z 2026-08-21T11:25:07Z Your manager calls you in and asks you to sign a performance improvement plan. It can feel as though the company has already decided to fire you. That fear is understandable, but such a plan does not always end in job loss. Understanding what it is and how employers use it helps you respond with greater confidence.

The real purpose of a performance improvement plan

A performance improvement plan, often called a PIP, documents where your work has fallen short. It usually sets specific goals, establishes measurable performance standards and requires improvement within a deadline, often 30, 60 or 90 days. In practice, some managers use them in good faith while others use them to create documentation that supports a termination.

At-will employment and your job security

Most California workers hold their jobs at will. Under the state's at-will employment rule, either side can end the relationship at almost any time, for any lawful reason or no reason. A PIP does not give your employer the power to fire you, since that power already exists. Instead, your legal protection depends on whether the employer's reason for termination complies with California law.

Signs a plan may mask an unlawful motive

Timing can be telling. If a PIP appears soon after you request a disability accommodation, report harassment, take protected leave or raise concerns about unpaid wages, it may be serving as a pretext for an unlawful employment decision. Firing someone for those reasons can amount to an unlawful firing. Under California law, an employer generally may not retaliate against workers who assert their rights or take adverse action because of a protected trait such as race, disability, age or pregnancy. These protections usually apply to employers with five or more workers.

Steps that protect you during a plan

A plan calls for a measured response, not panic. Read it closely and note the exact goals, metrics and every deadline. Keep your own copy along with performance emails. If a goal seems unrealistic or a timeline too short, say so in writing and ask for support. Track your progress in a short dated log that documents completed work, conversations and feedback. Also record the timing if the plan followed a complaint you raised.

Your best move after receiving a plan

A performance improvement plan is a reason to pay attention, not proof that the decision is final. Whether it becomes a genuine second chance or a step toward the door depends on the employer's motive and how you respond. Once the process ends, evaluate the surrounding circumstances carefully and preserve the records you collected throughout the plan. If the plan lines up with a right you exercised, an employment attorney can clarify your options.]]> On Behalf of Law Offices of Alan Adelman <![CDATA[Can your employer face penalties for denying meal breaks?]]> https://www.alanadelmanlaw.com/?p=48373 2026-08-04T08:56:13Z 2026-08-07T08:53:48Z Meal break violations can result in extra pay An employer that denies a legally required, duty-free meal period may owe a meal-period premium. This remedy usually equals one additional hour of wages at the employee’s regular rate for each affected workday. In California, an employer generally must allow a 30-minute meal period when an employee works more than five hours. That break must begin no later than the end of the fifth hour. The parties may agree to waive it when the entire shift lasts no more than six hours. Employees who work more than 10 hours usually qualify for another lunch period by the end of the 10th hour. The parties may waive this later break when the shift does not exceed 12 hours and the worker took the first one. These rules determine when premium wages can apply. Even if an employer denies both lunches during one shift, California law generally limits the meal-period remedy to one extra hour of pay for that workday.

What makes a meal break compliant?

A compliant lunch period usually requires the employer to release the worker from all job responsibilities for at least 30 uninterrupted minutes. The company should not require the employee to stay on call or continue performing assignments during breaks. Employers also must give workers a reasonable chance to take their lunches. However, they do not usually need to police each break or force an employee to stop working after making the opportunity available.

Understanding your legal options

Meal break disputes often depend on work schedules, time records and employer policies. That information can help show whether your employer provided the required meal periods and likely owes premium pay under the law. Since every situation involves different facts, legal guidance may help evaluate whether workplace practices comply with applicable requirements and what remedies may be available under the law.]]> On Behalf of Law Offices of Alan Adelman <![CDATA[Can your employer fire you for refusing to withhold testimony?]]> https://www.alanadelmanlaw.com/?p=48365 2026-07-21T13:24:51Z 2026-07-24T13:23:29Z Telling the truth takes courage. It is also both a legal right and a moral obligation. If your employer fired you for refusing to withhold truthful testimony, here is what you need to know.

It is more than just wrongful termination

First, terminating you in retaliation for refusing to suppress truthful testimony violates California law that protects employees. Under the Tameny doctrine, no employer can legally fire you for exercising a legal right or fulfilling a legal obligation. Second, directing someone to commit perjury, asking you to withhold testimony, is a criminal offense and may constitute a felony under California law.  

What evidence may support your case?

Evidence plays a key role in determining the fate of your case. The court may consider:
  • The time gap between your termination and your refusal
  • The employment history 
  • The statement of the witnesses who were present when directives were given
  • The emails, texts or other communications related to the case
The stronger and more documented your evidence is, the better positioned you are to prove that you were terminated in retaliation. 

What damages can you recover?

You may be able to recover more than just your paycheck. A successful case may entitle you to:
  • Emotional distress damages
  • Punitive damages
  • Attorney fees
  • Reinstatement
Depending on the facts of your case, you may recover some or all of these.

Why does time matter a lot?

Acting quickly is critical. California law sets strict filing deadlines and missing one can permanently bar you from pursuing your case, no matter how strong your facts are. An employment attorney experienced in wrongful termination can help you gather and preserve evidence, meet all critical deadlines and protect your rights.]]> by Law Offices of Alan Adelman <![CDATA[How strong documentation supports a work discrimination claim]]> https://www.alanadelmanlaw.com/?p=48366 2026-07-07T08:57:02Z 2026-07-10T08:56:02Z Evidence to document a workplace discrimination claim Strong evidence can help bring workplace discrimination to light. Emails, text messages, performance reviews, pay records, workplace documents and witness statements may reveal unfair treatment that might otherwise go unnoticed. The records that matter most often depend on the type of discrimination involved, such as age, race, gender, disability or pregnancy. An employment lawyer can review the evidence, identify gaps and help create a stronger case.

How do you preserve and organize workplace discrimination evidence?

Clear records can help show a pattern of discrimination, support important facts and strengthen a claim. Key steps to organize documents include:
  • Creating a timeline: Record each incident in order with key details, including dates, locations, people involved and workplace impact.
  • Keeping a discrimination log: Document incidents soon after they occur to improve accuracy and preserve details.
  • Organizing documents: Sort emails, pay records, performance reviews, policies and other evidence by date and category.
  • Saving digital communications: Keep copies of emails, texts, messages and screenshots that may support the claim.
  • Keeping backups: Store copies in a secure personal location to help prevent data loss.
  • Storing evidence outside the workplace: Keep records off company systems to maintain access if employment ends.
A strong case starts with the right attorney. An employment lawyer can help protect key evidence and prevent costly mistakes.

The importance of documenting complaints and employer responses

A discrimination claim does not end after a complaint is filed. Records of complaints, employer responses, investigation updates and any retaliation can help show how the employer handled the issue. These records may also support claims filed with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).

Why documentation matters

A discrimination claim is only as strong as the evidence behind it. Clear records can expose unfair treatment and strengthen a legal claim. With the right documentation and legal guidance, employees can protect their rights and build a stronger path toward accountability.]]> On Behalf of Law Offices of Alan Adelman <![CDATA[Can you refuse to use AI for religious reasons in the workplace?]]> https://www.alanadelmanlaw.com/?p=48364 2026-06-23T10:14:46Z 2026-06-26T10:14:18Z An increasing number of employees are facing an ethical dilemma about using artificial intelligence (AI) in the workplace, as it may clash with their religious beliefs. This friction has led some workers to seek religious exemption from using AI. But do you have legal grounds to do that in California?

What does California law say?

Sometimes, your religious beliefs may cause conflict with work requirements. In such cases, the Equal Employment Opportunity Commission expects the company to accommodate you unless it causes significant hardship. For instance, if you observe the Sabbath day, you can request that your company adjust the work schedule accordingly. Similarly, if you sincerely believe that using AI is against your religious faith, you may be able to request a religious exemption from using AI.  However, your employer can deny your request if they manage to prove that accommodating you creates an “undue hardship”. It is also important to note that California courts take the case of religious freedom in the workplace seriously and expect your objection to AI to stem from an honest and sincerely held religious belief.  

There is a caveat

California is an at-will employment state. You or your employer may terminate the employment relationship at any time without giving any reason or notice, unless stated otherwise in your contract or agreement. If your refusal to use AI prevents you from performing your core duties, the company may have legal grounds to terminate you.  Conversely, you may have a strong case if you can produce the same quality and quantity of output without using AI assistant tools. Case in point, a software engineer from North Carolina successfully sought a religious exemption from using AI in her work recently.  

How can an employment lawyer guide you here?

Since it is your livelihood that is at stake, you have to be prudent about refusing a workplace AI mandate. The safest strategy is to consult an experienced employment law attorney before making any decision. If you learn about the legal nuances, you will be able to make an informed decision. ]]> On Behalf of Law Offices of Alan Adelman <![CDATA[Can medical restrictions lead to wrongful termination?]]> https://www.alanadelmanlaw.com/?p=48362 2026-06-10T09:21:19Z 2026-06-15T09:20:26Z What should happen after you give restrictions? Under the state’s Fair Employment and Housing Act (FEHA), employers with five or more employees must reasonably accommodate a physical or mental disability unless it creates an undue hardship. This means significant difficulty or expense based on factors such as the employer’s size, resources and operations. They must also engage in a timely, good-faith "interactive process" to find ways you can perform your essential job functions. Possible accommodations include:
  • Schedule changes or modified duties
  • Special equipment or medical leave
  • Reassignment to a vacant position
An employer does not need to provide the preferred accommodation. Still, they should not ignore an accommodation request or fire an employee for seeking help tied to a protected condition.

When a firing may cross the line

California is an at-will employment state, but that rule has limits. A firing may be wrongful if your medical condition, disability, accommodation request or protected leave motivated the decision. Timing often plays a critical role. Concerns can arise when a firing happens soon after providing a doctor’s note, a request for modified duties or the start of the interactive process. Sudden criticism or shifting explanations can also raise questions.

What records can help after termination?

If the restrictions seem connected to the firing, start organizing records. Save doctor’s notes, emails, texts, reviews and written responses to the request. Write down when you gave notice and how your employer responded. You can also consider filing with California’s Civil Rights Department (CRD). Employment complaints with the CRD must be filed within three years of the alleged unlawful practice, but any subsequent civil lawsuit must be filed within one year of receiving a "Right-to-Sue" notice.

Protecting your rights starts with clear records

A medical restriction does not automatically protect you from termination. But if timing, comments or refusal to discuss accommodations suggest your condition played a role, your records may matter. Acting early can help you understand whether the firing was lawful or may have violated your rights.]]> On Behalf of Law Offices of Alan Adelman <![CDATA[What are common wage and hour violations?]]> https://www.alanadelmanlaw.com/?p=48359 2026-05-27T13:40:47Z 2026-06-01T13:40:09Z reclaim your earnings.

Report these unfair employment practices

California law requires employers to follow strict guidelines regarding how they pay their staff and record work hours. When companies deviate from these rules, they often leave workers with significant financial losses. You may need to file a claim if you notice any of the following illegal practices in your workplace:
  • Unpaid overtime: If you work more than eight hours in a workday or 40 hours in a workweek, your employer has to pay you for overtime work.
  • Independent contractor misclassification: Labeling a regular employee as a contractor is a common tactic used to avoid paying benefits, overtime and taxes.
  • Minimum wage failures: Your employer must pay at least the mandatory minimum wage, which is $16.90 per hour in California.
  • Missed meal or rest breaks: You are entitled to an uninterrupted, unpaid 30-minute meal break for shifts over five hours, and a paid 10-minute rest break for every four hours worked. If your boss forces you to work through them, they owe you extra premium pay.
These violations represent common tactics that companies use to pad their bottom lines at the expense of their employees. Identifying these errors early may help you build a stronger case to recover money you earned.

Protect your rights as an employee

Remember, you do not have to accept wage theft as just a cost of doing business. Taking a stand against unfair employment practices protects your finances and ensures that your employer is held responsible for any violations.]]>