About John Devendorf, Esq.
John Devendorf is a graduate of UCLA and holds a J.D. from Seton Hall University School of Law, where he was a Distinguished Scholar, recipient of the ALI-ABA Scholarship and Leadership Award, and a participant in the Immigrant Workers’ Rights Clinic and special delegation to Haiti.
A licensed attorney for more than a decade, John transitioned to a career as a legal content writer and editor after an externship with the IRS, a judicial clerkship, and practicing at a civil litigation firm in Princeton, New Jersey. John now lives in Portland, Oregon, where he enjoys writing, international travel, and escape rooms.
Articles written by John Devendorf, Esq.
Understanding Your Rights: Public Policy Violations in Wrongful Termination
At-will employment means employers can terminate employees for almost any reason. However, employers cannot fire employees for illegal reasons, like unlawful discrimination or in violation of public policy. When employers wrongfully terminate an employee in violation of public policy, the employee can take legal action against their employer. Employees have the burden of proof to show their employer's unlawful termination violated public policy, including state and federal statutes or …
Wrongful Termination vs. Unfair Treatment: What's the Legal Difference?
Many employees deal with unfair treatment in the workplace. But unfair treatment is not necessarily illegal. Under at-will employment, employers can fire workers for any reason they want as long as it's not an illegal act. Wrongful termination involves firing workers for an unlawful reason, including discrimination, breach of contract, or retaliation. “I hate to say this, but the truth is that there are a lot of wrong things that happen in the workplace, especially a lot of bad treatment and …
Forced To Quit? How To Know If You Have a Constructive Discharge Case
Constructive discharge involves quitting or leaving your job because your employer created intolerable workplace conditions that were so bad you had to leave. The employer does not fire the employee but makes the job so unpleasant that the employee is forced to resign. When an employer's discrimination or harassment forces an employee to quit, the employee can file a legal claim for wrongful termination. Contact a local wrongful termination lawyer for legal advice on your situation. What …
Minimum Wage and the Fair Labor Standards Act (FLSA)
The federal minimum wage is the lowest amount employers can compensate hourly workers. The current federal minimum wage is $7.25 per hour. Many states and municipalities have higher minimum wage rates and stronger wage and hour protections. To understand the minimum wage and overtime laws where you work, contact a local wage and hour lawyer. Overview of the Fair Labor Standards Act The federal Fair Labor Standards Act (FLSA) sets a baseline of worker protections in the United States. The …
Understand Your Pay Deductions: What To Look For
Lots of money gets taken out of your paycheck to pay for taxes, government programs, and benefits. You should understand what you pay in deductions and keep track of where the money is going. You can also increase or decrease voluntary deductions to access more money or get tax savings. If there are problems with your payroll deductions, talk to your HR representative to clear up any issues. Tax deductions can depend on your job, state laws, and your individual situation. For legal advice about …
What Is the Difference Between Exempt and Non-Exempt Employees?
The difference between exempt and nonexempt employees is who gets a salary and who gets overtime pay eligibility based on their job duties. Nonexempt employees are eligible for overtime, and exempt employees passing the duties test are paid a minimum salary and are not overtime eligible. FLSA classifications of exemptions include executive, administrative, professional, computer, and outside sales. The job title is irrelevant, and the actual classification is based on their job duties, …
Can Workers Sue for Wage Theft?
Wage theft is when an employer doesn't pay an employee the wages they have earned. Withholding payment is illegal. Employees can sue their employer for wage theft to recover unpaid wages and other damages. Many employees never file a wage claim because they fear retaliation by their employer. However, state and federal wage and hour laws prohibit retaliation for filing a wage claim. Talking to an employment lawyer is confidential and can help you understand your legal rights. To find out about …
How Do I File a Wage and Hour Complaint?
Gather your wage and time records and calculate the pay gap before filing a wage and hour complaint. Use your pay records to determine your unpaid wages and file a claim with the state labor agency before the filing deadline. The wage and hour division complaint form asks for your employer information, the amount owed, and copies of wage statements. The time limit to recover back wages is generally two years, but can extend to three years for willful violations. "When an individual isn't paid …
Workers' Compensation: What Small Business Owners Should Know
Most small business owners must carry workers' compensation insurance to cover medical expenses and wage benefits for work-related injuries. The following article is an overview of workers' compensation, employer requirements, and how to handle claims. For specific information about workers' comp in your state, contact a local employment law attorney. Overview of Workers' Compensation Workers' compensation provides medical care and partial wage payments to employees following work-related …
Vicarious Liability: An Employer's Liability for Employee Actions
Under vicarious liability, employers can be held liable for accidents caused by employee negligence. Vicarious liability can depend on the type of accident and whether the employee was acting in the course of employment. Many employers underestimate how an employee's negligence can cost in personal injury claims, legal costs, and reputational harm. This article provides an overview of vicarious liability and how it affects employers. To understand how to protect your business against vicarious …
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