Entries by Steve Fink

Welcome To Our San Jose Employment Law Blog

Welcome to the San Jose employment law blog of The Law Offices of Steven M. Fink. The purpose of this blog is provide information relating to employment law issues in California. The blog will cover various employment law topics including employment discrimination, civil rights violations, and wrongful termination, just to name a few. Please check […]

Employment Lawyer San Jose: Understanding Wrongful Termination In California

In California, a wrongful termination can be difficult to prove. This is because, without a written employment contract to the contrary, the employer-employee relationship in California is presumed to be “at will.” In essence, an “at will” relationship means that either the employer or the employee can choose to end the relationship at any time and for […]

New Office Opening

Charles M. Mesirow, Steven M. Fink, John Kevin Crowley & Brad C. Brereton are pleased to announce the association of their law firm:  Mesirow Fink Crowley & Brereton. The new office is located at: 160 W. Santa Clara Street, Suite 1180 San Jose, California 95113-1733 Phone:  408-286-1200 The firm specializes in criminal defense and focuses […]

California Wage Withholding

A company can lawfully withhold money from a worker’s pay only: (1) whenever required or empowered to do so by state or federal legislation, or (2) when a deduction is expressly authorized in writing by the employee to handle insurance premiums, benefit plan contributions or other deductions not deemed as a rebate on the individual’s […]

California Employment Retaliation

Pursuant to California state law, It is illegal for an employer to retaliate against any employee who provides information to a law enforcement agency where the employee has reasonable cause to believe that the information discloses a violation or noncompliance with a state or federal statute, rule, or regulation. An employer cannot discharge, demote, suspend […]

I Just Got Fired In California For No Reason: What Are My Employee Rights?

I venture to guess that most people would say, of course, employee manuals provide for all sorts of hearings and progressive discipline and the employer is bound to such “promises”, aren’t they? The short answer is “no.” Generally speaking, “fairness” has nothing to do with one’s employment. Why? California is an “at-will” state, which is […]

Congratulations, You Did Your Job. You’re Fired

Federal and state governmental employees used to be able to obtain redress if they blew the whistle on wrong-doing under a federal civil rights statute, 42 U.S.C. §1983, which provided for a broad range of damages, attorney fees and costs. 42 U.S.C. §1983, part of the Civil Rights Act of 1871, prohibits the deprivation of […]

H1-B Visa Fraud And Abuse

Despite recent upturns in the economy, the U.S. has not significantly increased the number of H1-B visas. Foreign job seekers may find themselves victims of H1-B visa fraud and abuse. Headhunters and corporations commit H1-B visa fraud when they attempt to fill positions that do not exist. This type of fraud can result in a […]

California’s At-Will Presumption

Under California law, employment is “at-will.” An individual can be fired at any time, for no reason or for any reason. The only exception to this rule is that the reason must not be illegal. Many types of terminations are illegal. Two examples are terminations that are based on an employee’s race or act of […]

How California Labor Laws Apply To Interns

In California, the state’s wage and hour laws apply only to paid interns who are paid an hourly wage. The state’s wage and hour laws do not apply to paid interns who received a fixed stipend. The state’s employment laws regarding civil rights and non-discrimination apply to paid and unpaid interns as they would to […]