Benjamin Hill

Benjamin Hill

  • Employment Law
  • California
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Summary

The need for quality legal advice is particularly important in the context of employment law disputes where a successful plaintiff is entitled to recover his/her reasonable attorney’s fees. At the moment you become aware of an actual or potential employment law dispute, it is crucial that you receive advice as to whether or nor the claim is valid. If the claim is valid, then it makes business sense to pay it quickly rather than prolong the dispute and expose your company to the risk of paying significant attorney’s fees to the plaintiff. If the claim is dubious, then you need someone who can manage the case once it proceeds to litigation. Over the past several years, I have defended clients successfully in numerous employment law cases. While my past successes do not guarantee future results, many of the issues that I have successfully litigated in the past have given me the experience necessary to advise you in your dispute.

Practice Area
  • Employment Law
Jurisdictions Admitted to Practice
California
Education
Southwestern Law School
J.D.
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SCALE program, the first ABA-accredited two year law school program
Honors: Wildman Scholar (highest merit scholarship offered by Southwestern)
Activities: SCALE Class President
Websites & Blogs
Website
Website
Legal Answers
20 Questions Answered

Q. I was in disability status and my employer ignored my return to work now I am in laid off status What can I do?
A: To enforce your rights, you have probably figured out that you will need to consult with an attorney one-on-one. There are several law firms in your area that do this work regularly. For more information on disability discrimination, please watch this 3-minute video -- http://www.youtube.com/watch?v=CsmLKwFqqSM
Q. What can i do? previous employer went bankrupt leaving CA, back to TN, owing me 40 hrs O.T. 30 hrs D.T.
A: Unfortunately, corporate bankruptcy is a common occurrence. When you write "previous employer went bankrupt leaving CA," do you mean that the corporation actually filed a petition for bankruptcy protection. If they did file a bankruptcy petition you would be considered an unsecured priority creditor but would not likely collect on your claims. Many employers claim that they have/will file for bankruptcy as a way discouraging employee lawsuits but never don't actually do it. I suggest filing a wage claim with the Labor Commissioner or seeking a contingency attorney to file a civil complaint on your behalf. For more information on employment law topics, please visit -- http://employerdefenseattorney.com/blog/
Q. Where can I get concise, accurate information on whether an insurance agent is exempt from overtime?
A: California has several overtime exemptions. If your job consists of selling insurance policies, you are most likely to qualify for the "inside salesperson" exemption. To qualify, a salesperson must earn a base salary of at least one and one-half times the minimum wage and earn more than 50% of his/her total compensation as commissions. For more information about salesperson exemptions, please visit -- http://www.youtube.com/watch?v=bZu1thNfnOg
Q. If employer says on performance eval "you make sarcastic comments", could this be considered defamation of character?
A: Libel (the written form of defamation) must expose the plaintiff to "to hatred, contempt, ridicule, or obloquy, or [...] cause him to be shunned or avoided, or which has a tendency to injure him in his occupation." It would be very difficult to convince a jury that your employer's quote meets this standard. For more information on employment law topics, please visit -- http://employerdefenseattorney.com/blog/
Q. Former employer will not mail me my last pay stub after quitting
A: Labor section 226 requires employers to give its employees a pay stub each time that wages are paid (including the final time wages are paid). Furthermore, these pay stub must contain nine different categories for information. For for information on pay stubs, please visit -- http://employerdefenseattorney.com/itemized-wage-statements/
Q. Can an employer give an employee notice of termination or discharge via email?
A: It depends on two factors that I do not know from your question. Do you have a written employment contract that contains any language relating to termination? Does your employer have any established policy or practice regarding termination? If the answer to both of these questions is no, then your employer's notice probably not unlawful. For more information legal issues related to termination, please visit -- http://employerdefenseattorney.com/mixed-motive-defense-to-discriminatio...
Q. My employer is constantly late in paying our wages. Often times by a whole month can she be charged a penalty?
A: The most basic and absolutely solid principle of California wage and hour law is that wages must be paid on time. If wages are late, the employer owes back wages, interest and a penalty equal to one day's wages for each day wages remain unpaid for a maximum of 30 days. For more information about when wages must be paid, please visit -- http://employerdefenseattorney.com/pay-days/
Q. Do the landlords have the right to raise my rent if I ask for a pay raise?
A: Probably yes. The employer has no duty to raise your pay. While you and your employer may negotiate the terms of any proposed pay raise, you employer is fee to attach conditions (no matter how outrageous) to any proposed pay raise. For more information on employment law topics, please visit -- http://employerdefenseattorney.com/blog/
Q. I was working for happy farms organics in Willits California. I was not traditionally fired or let go I was violently
A: An employer must pay all wages that it owes an employee at the time of termination. If the employers fails to pay these wages at must pay the employee a penalty of a full day's wages up to a maximum of 30 days. You should file a wage claim with the Labor Commissioner or seek a contingency attorney to file a civil complaint on your behalf. For more information on employment law topics, please visit -- http://employerdefenseattorney.com/blog/
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21550 Oxnard Street
Suite 300
Woodland Hills, CA 91367
USA
Toll-Free: (888) 612-8827