Licata & Yeremenko, A Professional Law Corporation FindLaw IM Template 2026-10-02T17:19:39Z https://www.lylegal.net/feed/atom/ WordPress /wp-content/uploads/sites/1404733/2025/05/cropped-logowhitesilver-32x32.png On Behalf of Licata & Yeremenko, A Professional Law Corporation <![CDATA[When can a performance improvement plan be retaliation?]]> https://www.lylegal.net/?p=49328 2026-09-23T08:17:32Z 2026-09-28T08:16:51Z The timing and design of a PIP can raise questions A PIP isn’t always retaliatory, but you should ask questions whenever one comes on the heels of exercising a protected right if your prior work has always been satisfactory. For example, a PIP that is suddenly presented to you right after you made a complaint of workplace discrimination or sexual harassment – or provided testimony for someone else who did – is definitely suspect. The other thing that can make a PIP questionable is the way it is written. A legitimate PIP should clearly tell you what you need to improve and the metrics that will be used to judge your improvement. Red flags in a PIP include:
  • Vague complaints that are difficult to disprove
  • Goals that can’t reasonably be completed by the deadline
  • Standards that aren’t applied to your coworkers
  • Requirements that depend on resources or cooperation you don’t have
  • Expectations that keep changing after you meet them
If your employer is suddenly treating you very differently and has put you on a PIP after you spoke up about a problem in the workplace, it may be time to seek legal guidance. A wrongful termination may be right around the corner. Contact our firm to schedule a consultation..]]> On Behalf of Licata & Yeremenko, A Professional Law Corporation <![CDATA[When can an employer be liable for a hostile work environment?]]> https://www.lylegal.net/?p=49323 2026-09-10T11:46:58Z 2026-09-15T11:45:55Z A hostile work environment happens when unwelcome behavior at work becomes so harsh or happens frequently, making it hard for someone to do their job. In California, this behavior usually involves a protected trait, like race, sex, age, disability or religion. But when does the law actually hold the employer responsible? Below is more information on what you need to know.

When a supervisor is involved

When a supervisor's conduct creates a hostile environment, California law can still hold the company responsible, even if no one at the top ever found out. This is because California treats supervisors as an extension of the company itself. Under state law, an employer is strictly liable for supervisor harassment, and proof that the employee failed to use internal reporting channels only serves to reduce recoverable damages — it does not shield the employer from liability. 

When a coworker or non-employee is involved

The rules shift a bit when the harasser is a coworker, client or vendor instead of a supervisor. Here, the company only faces liability when it had actual or reasonable knowledge of the harassment and did nothing to stop it. This means an employee usually needs to report the behavior first, through HR or another official channel, unless the harassment was so obvious that management should have noticed on its own. Once an employee makes a report, California expects employers to investigate promptly and take real corrective action. Ignoring complaints, delaying action or punishing someone for reporting can all increase liability.

The bottom line for employees and employers

Employers face a higher bar of responsibility when supervisors cause a hostile work environment and a duty to act quickly once they learn about harassment from anyone else. The key factor is almost always how the company responds.  These situations are rarely simple, and it's normal to feel unsure about what to do next. If you're dealing with something like this, it can help just to talk it through with someone who knows employment law, even if you're not ready to take any formal steps yet. ]]> On Behalf of Licata & Yeremenko, A Professional Law Corporation <![CDATA[What is a hostile work environment in California?]]> https://www.lylegal.net/?p=49321 2026-09-01T10:41:45Z 2026-09-04T10:38:54Z California law protects employees from being treated unfavorably because of their identity. Harassing a worker based on a protected characteristic is unlawful because it creates a hostile work environment. An employer can take action if this happens. But what is a hostile work environment?

It’s a legal concept with strict legal standards

A hostile work environment is more than a stressful workplace. An employer being rude or a supervisor being mean does not constitute a hostile work environment. These are examples of bad management or a toxic workplace. For a work environment to be considered hostile, offensive, oppressive or intimidating, an employee must have experienced harassment based on a protected characteristic. And the conduct should be severe or pervasive enough to affect their ability to perform the job as usual or undermine their personal sense of well-being.  Note that California uses “ severe or pervasive” as a legal standard. Thus, a single incident of harassment can be sufficient to bring a case if the conduct creates an intimidating, hostile or offensive working environment. For example, a physical assault, sexual harassment or a highly offensive slur. The pervasive (repeated pattern) legal standard is used when conduct is lower-level or moderate, such as jokes or teasing. For instance, an employee may need to have frequently experienced negative comments to have a case. Additionally, the state can still consider an offensive remark to have created a hostile work environment even if it was made by a co-worker or a non-decision-maker, meaning it was not tied to an employment decision. An employer cannot dismiss such a remark as a “stray remark.” The comment can also be used as circumstantial evidence of discrimination. Determining if an experience in the workplace meets the legal standard of a hostile work environment is a crucial step. Contact us today to understand your situation and protect your rights.  ]]> On Behalf of Licata & Yeremenko, A Professional Law Corporation <![CDATA[What to do after a car accident]]> https://www.lylegal.net/?p=49303 2026-08-18T11:23:52Z 2026-08-21T11:23:17Z Car accidents can be sudden and unexpected. If you are in a car accident, you may not know what to do right away. It is important to take steps to protect your legal rights and right to compensation after a car accident. Here is what you can do:

Call the police

It is important to involve the police after a car accident. The police should arrive at the scene of the accident to talk to you and any other involved parties. The police may ask you a few questions about the accident, such as your name, address and insurance information. A police report can be a crucial piece of evidence when filing a car accident claim.

Take pictures and video

While you wait for the police, you can take pictures or video. You may want to document the severity of the accident, including damages to vehicles and your own injuries. You may also need to take a picture of where and when the accident took place. The accident may be captured on a street camera or surveillance system as well. This evidence can help prove fault during a car accident claim.

Seek medical care

You should consider seeking medical care even if you do not believe you were injured. Some people suffer from hidden injuries after car accidents. Seeking medical care can help ensure you are not suffering from life-threatening injuries. A medical report is also an important piece of evidence that can be used to prove the severity of the accident.

File an insurance claim

After your accident, you should reach out to your insurance company and file a claim. Insurance companies often require drivers to file a claim within a certain timeframe. An insurance claim can help you recover compensation for your injuries and losses.  If you do not recover fully from your car accident, you may be entitled to damages for your injuries and financial losses. You can reach out for professional legal guidance to learn how you can recover compensation after a car accident.]]> On Behalf of Licata & Yeremenko, A Professional Law Corporation <![CDATA[Under which state’s jurisdiction does remote work fall?]]> https://www.lylegal.net/?p=49299 2026-08-04T08:45:51Z 2026-08-07T08:44:48Z Does an employer’s location matter when an employee works in another state? When an employee works remotely from a different state, the employer’s location does not automatically determine which employment laws apply. Instead, the laws of the state where the employee physically performs their work can govern the employment relationship. In many cases, the employee’s home state laws will apply to issues such as:
  • Minimum wage and overtime
  • Meal and rest breaks
  • Pay periods and wage statements
  • Paid sick leave
  • Reimbursement of necessary work expenses
However, California law may still be relevant in certain situations, particularly if the employer is headquartered in California or if aspects of the employment relationship are tied to the state. For example, company policies, payroll practices or contractual terms may reference California law.

Can an employment contract mandate another jurisdiction?

A remote-work agreement may include a choice-of-law or dispute-resolution provision specifying that state law governs the employment relationship. However, these provisions do not always override the mandatory employment protections of the state where the employee works. Courts may decline to enforce a contract provision that attempts to bypass the employee’s home state labor laws, especially when those laws are designed to protect workers. As a result, employees working outside California may still be entitled to the protections of their own state’s wage and hour, leave and workplace safety laws. Additionally, a worker’s classification is important. Employees generally receive broader legal protections than independent contractors, regardless of where the employer is located. If you have questions about your rights or need help resolving a workplace issue, reach out to us for a free initial consultation to discuss your situation and protect your interests. Given all that is at stake in many remote work scenarios, navigating the complexities of this reality is rarely adviseable as a DIY effort.]]> On Behalf of Licata & Yeremenko, A Professional Law Corporation <![CDATA[How prompt medical care protects your recovery after a car crash]]> https://www.lylegal.net/?p=49287 2026-07-10T12:31:48Z 2026-07-15T12:31:10Z Hidden injuries need early detection Some serious injuries do not cause symptoms right away. After a crash, adrenaline and shock can mask your pain and make you think you are unharmed. Certain injuries, such as internal bleeding, brain injuries, whiplash and muscle damage, may not appear for hours or even days. When you see a doctor right away, medical professionals can identify these hidden injuries before they worsen. Early detection often leads to better treatment outcomes and faster recovery times. Tests such as X-rays, CT scans and MRIs can find injuries you may not notice yet. If you wait too long to get checked, your injuries may worsen. Early treatment can often prevent additional health problems.

Creating a documented medical record

Early medical care creates a record that connects your injuries to the crash. This record can help if you intend to file an insurance claim or seek compensation for your losses. Medical records created immediately after the crash provide clear evidence of when your injuries happened and how serious they were. Insurance companies often question claims when someone waits a long time to see a doctor. If you delay seeking treatment, insurers might argue that your injuries were not serious or that they resulted from something other than the car crash. Seeing a doctor quickly can reduce these concerns and support your claim.

Following through with treatment plans

After your first medical visit, it is important to follow your doctor's treatment plan. Attend your appointments, complete physical therapy and take your medications as your doctor instructs. These steps show that you are committed to your recovery. Gaps in your medical treatment can raise doubts about the severity of your injuries. If you skip appointments or stop treatment too soon, insurance adjusters may argue that you recovered or were never seriously injured. Consistent medical care shows that you are doing everything in your power to recover. It also creates a clear record of your condition over time.

Early medical care can secure your right to recovery

The first step in protecting your health and legal rights is getting medical care right away. Do not wait for symptoms to appear. Schedule a medical evaluation as soon as possible after the accident. Acting quickly can help you recover and protect your right to seek compensation for your injuries. If you or someone you know suffered an injury after a car crash, always remember that you have legal options. Have questions? Contact Licata & Yeremenko, APLC to schedule your initial consultation. Call 818-783-5757 or click here to get started.]]> On Behalf of Licata & Yeremenko, A Professional Law Corporation <![CDATA[Long shifts can make California workers eligible for overtime pay]]> https://www.lylegal.net/?p=49290 2026-07-07T07:33:24Z 2026-07-10T07:32:38Z Eight hours is a standard shift California law recognizes not just the 40-hour work week but also the eight-hour workday in most cases. While there are exceptions for certain industries, many hourly and non-exempt salaried employees are eligible for overtime pay if they are on the clock for more than eight straight hours. Workers should receive 150% of their usual hourly pay for time past the eighth hour in one shift. They may be eligible for double pay if their employers keep them on the clock for more than 12 hours for a single shift. If employers don’t follow the law, workers may need to file wage claims. Requesting compensation for overtime worked without proper pay can sometimes require legal action. Employees denied overtime wages can benefit from legal guidance in navigating the legal system and obtaining the pay they deserve.]]> On Behalf of Licata & Yeremenko, A Professional Law Corporation <![CDATA[Signs of a TBI after a semi-truck accident]]> https://www.lylegal.net/?p=49284 2026-06-23T10:12:38Z 2026-06-26T10:12:04Z Common symptoms you may experience That being said, there are many common TBI symptoms that you want to look for, including:
  • Headaches or migraines, especially if they get worse with time
  • Loss of consciousness, even if just for a few seconds
  • Increased sensitivity to stimuli such as lights and sounds
  • Mood swings and mental confusion
  • Balance issues, which may be caused by dizziness or lightheadedness
  • Seizures or convulsions
  • Changes to your sleep patterns, such as difficulty waking up
  • Slurred speech or trouble finding the right words
  • Numbness and tingling throughout your body, especially in the extremities
  • Uncoordinated movements
  • Loss of vision or enlargement of your pupils
  • Feelings of restlessness and agitation
A key concern is whether these symptoms are clearing up with time or getting worse. If they are getting worse, it could indicate that a serious TBI has occurred, such as bleeding within the brain. It is important to talk to medical professionals, and you’ll also need to know if you have a right to seek compensation for your medical expenses and other costs. If you would like to learn more, do not hesitate to reach out to our law firm for an initial consultation in the wake of an injurious crash.]]> On Behalf of Licata & Yeremenko, A Professional Law Corporation <![CDATA[Gaslighting after workplace sexual harassment]]> https://www.lylegal.net/?p=49279 2026-05-27T13:22:26Z 2026-06-01T13:21:34Z Gaslighting is a tactic that people sometimes use to distort the truth and manipulate others. They essentially try to make another person question their own recollection of events or their perception of reality. This sometimes happens after workplace sexual harassment. The victim may speak out about what happened to them, and the perpetrator will then begin gaslighting them and trying to present a different version of events.

Placing blame

One example is when the person accused of harassment tries to blame the victim. Maybe they claim that the victim invited the unwanted conduct. Perhaps they argue that the victim was involved in a consensual relationship and did not have any problem with the behavior that is now being described as harassment. Either way, the perpetrator is trying to shift the blame away from themselves and onto the victim.

Disputing the account

Gaslighting can also be used to dispute the victim’s account of events. The perpetrator may claim they never did the things they are accused of doing and offer a very different recollection of what occurred. For example, someone who made crude comments about another person’s sexuality may later claim they were “just joking” and that everyone viewed the comments as lighthearted or funny, rather than as an instance of sexual harassment.

Defending your rights

If you have experienced sexual harassment on the job, it can be extremely frustrating to face gaslighting and similar tactics when you try to tell your story. It is important to remember that you do have legal rights, you do not deserve to experience harassment, and you need to understand what steps to take moving forward.]]> On Behalf of Licata & Yeremenko, A Professional Law Corporation <![CDATA[California employees have break and meal period requirements]]> https://www.lylegal.net/?p=49267 2026-04-15T13:47:06Z 2026-04-20T13:46:21Z Employees in California have very specific rights that aren’t present in many other parts of the country. One of these is the right to take breaks and meal periods. These are built into the state’s labor laws and come with very specific requirements.  Because some employers may not respect these requirements, it’s critical that employees know exactly what breaks and meal periods they’re due. 

Are meal periods and breaks paid?

Meal periods are unpaid as long as the employee is fully relieved of all work-related duties for the entirety of the meal period. The employee must be free to leave the business and enjoy their meal period how they see fit. Breaks are paid, partly because they’re so short. 

What meal periods are required for California employees?

For nonexempt employees, a meal break is required if their shift lasts more than five hours. The employee can waive the meal break if they work less than six hours. Typically, the meal period should happen at the midpoint of the shift, but it must always begin before the end of the employee’s fifth hour of work. If the employee works more than 10 hours, a second meal period is required. The employee can waive one of the two required meal periods if they work less than 12 hours in the shift. 

What breaks are required?

Employees must be provided with a 10-minute break for every four hours worked. That break must also be provided if the employee works the majority of the four hours. The break must occur as close to the middle of the four-hour period as possible.  Any employee in California who believes they haven’t gotten the meal periods and rest breaks they should have may opt to take legal action. Working with someone familiar with these matters may be beneficial. ]]>