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What Is Misogynoir? How Intersectional Discrimination Is Pushing Black Women Out of the Workforce

February 24, 2026April 9, 2026 admin

By Latrice Burks-Palmerio, Esq., Associate Attorney at JLG Lawyers

This article was adapted from a piece published in the Daily Journal. Read the original here.

She did everything right. She earned the degree, put in the extra hours, mentored the newer staff, and stayed quiet when she probably should have spoken. Then one day her role was eliminated. The official reason was restructuring. But she had watched less-qualified colleagues keep their jobs. She had heard the comments. She had felt the slow, steady erosion of being taken less seriously than the work she produced actually warranted.

She is not alone. Between February and April of 2025, more than 300,000 Black women left the American workforce. The unemployment rate for Black women climbed to 6.7 percent. News outlets reported the number but struggled to explain it. The explanations they offered, DEI rollbacks, federal layoffs, and small business headwinds, describe conditions. They do not name the cause.

The cause has a name. It is misogynoir.

What Is Misogynoir?

Misogynoir is a term coined by Black feminist scholar Moya Bailey in 2008. It describes the particular form of discrimination that Black women face when anti-Black racism and misogyny operate together, not as separate forces stacked on top of each other, but as a single, combined experience.

Understanding why that distinction matters requires stepping back for a moment. General racism affects Black people. General sexism affects women. But Black women face something that neither of those categories fully captures. They are not simply discriminated against for being Black or for being women. They are discriminated against specifically because they are Black women. The intersection is the target.

This is the core idea behind intersectionality, a framework developed by legal scholar Kimberle Crenshaw to describe how overlapping identities, race, gender, class, age, and others, create overlapping and compounding experiences of discrimination. Misogynoir applies that framework specifically to Black women, and it has roots that go back centuries.

Is misogynoir a legal term?

Not in the statute books. But the discrimination it describes is illegal. Under Title VII of the Civil Rights Act and California’s Fair Employment and Housing Act (FEHA), both race and gender are protected classes. When an employer treats a Black woman worse than her colleagues because of the combination of those two characteristics, that is actionable discrimination, regardless of what word you use to describe it.

How Misogynoir Shows Up at Work

I am a Black woman and an employment attorney. I do not just study this. I represent Black women who are living through it. The patterns I see are consistent enough that naming them matters.

Misogynoir in the workplace rarely announces itself. It accumulates. It is the job offer that came in lower than every comparable offer made to a white colleague. It is the performance review that describes the same behavior as “assertive” in a white male peer and “aggressive” in a Black woman. It is the meeting where her idea is passed over, then credited to someone else twenty minutes later.

Sometimes it is louder. Explicit comments about hair, speech, and manner. Assumptions about competence. The particular exhaustion of being asked to represent the entire experience of Black womanhood in diversity meetings while still being expected to carry a full workload. That invisible labor, the emotional and organizational work of simply existing in a space that was not built with you in mind, rarely shows up on a performance review. It rarely shows up in a paycheck, either.

And then there is the exit. It can look like a layoff. It can look like a resignation. But when you follow the thread backward, you often find conditions that became intolerable in ways that were entirely predictable and entirely manufactured.

That is not leaving. That is being pushed out.

The Legal Framework: What California Law Actually Covers

California has some of the strongest employment protections in the country. The Fair Employment and Housing Act prohibits discrimination based on race, sex, gender, and a range of other protected characteristics. Critically, FEHA allows employees to bring discrimination claims based on multiple protected characteristics at once.

This matters for Black women because it means you do not have to choose. You do not have to decide whether what happened to you was race discrimination or sex discrimination. If the answer is both, and for misogynoir it always is, California law has room for that.

Can I sue my employer for misogynoir under California law?

You can bring claims for race discrimination, sex discrimination, or both under FEHA. California courts have recognized intersectional claims. In Martin v. Board of Trustees of California State University, 97 Cal.App.5th 149 (2023), a plaintiff successfully alleged discrimination based on multiple protected characteristics in a single action. In Kuigoua v. Department of Veteran Affairs, 101 Cal.App.5th 499 (2024), the court similarly allowed combined race, gender, and national origin claims. The legal framework exists. The question is whether the facts of your case support it.

Hostile Work Environment

A hostile work environment claim does not require a single dramatic incident. It requires a pattern. Repeated microaggressions, tone policing, isolation, and gaslighting can collectively create workplace conditions that are severe or pervasive enough to be legally actionable. The standard is whether a reasonable person in the same position would find the environment hostile. Courts have applied this standard to intersectional discrimination.

Constructive Discharge

Constructive discharge happens when an employer makes working conditions so intolerable that a reasonable person would feel they had no choice but to resign. If you were pushed out rather than laid off, if the conditions became unbearable in ways you can document, that resignation may still be a legal claim. The fact that you technically submitted the paperwork does not end the analysis.

Retaliation

If you reported discrimination and then watched your performance reviews change, your projects disappear, or your role get restructured out of existence, that sequence matters. Retaliation for protected activity is illegal under both state and federal law. The timeline is evidence.

Wage and Equal Pay Claims

Black women are disproportionately offered lower starting salaries than comparable colleagues. They are disproportionately passed over for bonuses and promotions. If you have been doing the work of a higher-paid position without the title or compensation, or if you can show that comparable employees in similar roles were paid more, those are wage claims worth examining.

If This Is Your Experience: What Comes Next

The most important thing I can tell you is this. What happened to you may be illegal, and you may not know it yet. The conditions that drove you out may look, on paper, like ordinary business decisions. That is how misogynoir often operates. It is designed to be deniable. An employment attorney looks at the whole picture, not just the final act.

Document what you remember. Emails, performance reviews, text messages, dates, and details of specific conversations. The more specific your documentation, the stronger any potential case becomes.

Do not sign anything an employer presents to you without having it reviewed. Severance agreements almost always include waivers of legal claims. Once you sign, those claims are typically gone.

Talk to an attorney before you decide you do not have a case. That decision should not be made alone, and it should not be made in the first week after losing a job.

JLG Lawyers represents employees in California. We work on contingency, which means you do not pay unless there is a recovery. The first conversation is free.

If you have experienced workplace discrimination, wrongful termination, or were forced out of a job under conditions that felt wrong, we want to hear what happened.

Frequently Asked Questions

These questions are among the most common we hear from Black women who are trying to understand their legal rights after a difficult workplace experience.

What is the difference between racism, sexism, and misogynoir? Racism and sexism describe discrimination based on a single characteristic. Misogynoir describes the specific experience of Black women, who face discrimination at the intersection of race and gender simultaneously. The combined effect is distinct from either alone.

Does misogynoir have to be intentional to be illegal? No. Under California and federal employment law, discrimination does not require proof of intent. Disparate treatment, meaning being treated worse than similarly situated employees, and disparate impact, meaning neutral policies that produce discriminatory outcomes, are both legally actionable.

How long do I have to file a discrimination claim in California? Generally, you have three years from the date of the discriminatory act to file a complaint with the California Civil Rights Department (CRD) under FEHA. Filing deadlines are strict. If you believe you have a claim, speak with an attorney as soon as possible.

I resigned. Can I still have a legal claim? Potentially yes. If your working conditions became so intolerable that a reasonable person would have felt they had no choice but to leave, California law recognizes that as constructive discharge. The resignation itself does not end your legal options.

I signed a severance agreement. Is it too late? It depends on the agreement and when you signed it. Certain waivers have specific requirements under California law to be enforceable. An employment attorney can review the document and give you an honest assessment.

ABOUT THE AUTHOR

Latrice Burks-Palmerio, Esq. is an Associate Attorney at JLG Lawyers. She represents employees in California in cases involving wrongful termination, workplace discrimination, harassment, and retaliation. Before joining JLG, she worked at an AM 100 law firm focused on business litigation. A significant portion of her practice involves representing women of color who have experienced intersectional workplace discrimination. She is a vocal advocate for equality in all its forms.

This post is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with JLG Lawyers. Past results referenced in JLG’s materials do not guarantee future outcomes. If you believe you have an employment claim, contact a qualified California employment attorney to discuss the facts of your specific situation.

California Vacation Rights and Requirements

October 10, 2022October 10, 2022 admin

Whether its going on a trip with your family, or just taking a few days off, everyone needs some time off from work. Wishing your employer provided vacation time? Unsure, if your employer’s vacation policy is legal? You’re not alone. So, what are the rules in California regarding vacation or paid time off?

Employees Legal Rights for Vacation of Paid Time Off

In California, employers are not legally required to provide vacation or paid time off. However, if your employer has an agreement or policy in place for paid vacation or time off, then there are certain conditions that employers must follow. The Division of Labor Standards Enforcement (DLSE) is responsible for the enforcement of labor laws, including an employer’s vacation policies.

What is Vacation Time?

Vacation time is considered a form of wages. As an employee works, vacation time is earned in proportion to how much time an employee has worked and the amount of vacation time an employer offers. For example, if an employer offers two weeks of vacation time per year, an employee has earned one week of paid vacation after working for 6 months. An employer’s vacation policy can designate the intervals in which it is calculated. For instance, it can be calculated on a day-by-day basis, per pay period, or any other reasonable basis.

Amount and Timing of Earned Vacation

An employer has flexibility with certain specifics of their vacation policy. One example of this is that employers are allowed to require a period of time for a new employee to work before they can earn vacation benefits. This is usually referred to as a probationary or introductory period. DSLE has found it reasonable even when this probationary period was the entire first year of one’s employment.

Also, employers are authorized to place a reasonable cap on vacation benefits. A vacation cap is used to provide a ceiling on the amount of vacation an employee can accrue without using it. Once an employee hits this cap, an employee must use their vacation time to get below this cap before they can continue to earn additional vacation time. However, a vacation cap has to be reasonable. For instance, it may not be reasonable if the vacation cap requires an employee to use their earned vacation time in a very limited time period.

While an employer can have a cap in their vacation policy, there are other means of restricting paid time off they are prohibiting from using. One of those is a “use it or lose it” policy. That is, California employers can not have a policy in which an employee forfeits their vacation time if it is not used by a certain date. As previously stated, vacation time vests as a form of wages, and any policy that takes away those earned wages is illegal under California law.

Employee’s Use of Vacation Time

Employers can manage the use of vacation time in a variety of ways. Employers are allowed to control when vacation time is taken and how much can be taken at a particular time. For instance, an employer can have certain peak times when vacation is restricted or limit the use of vacation time to no more than 2 weeks at a time. Employers can also decide to pay an employee for accrued vacation that was not used by the end of the year.

An employer’s rights get trickier when it comes to advanced vacation time. Employers can certainly allow employees to use vacation time in advance of when it is accrued. Since vacation time is considered a form of wages, allowing the use of advanced vacation time is essentially an advance in wages. However, if an employee is terminated or leaves before earning back the vacation time an employer cannot simply deduct those wages from their final paycheck. While it is considered a debt in that it is an overpayment of wages, an employer can not use any form of self-help to recover those debts.

Unused Vacation Time After Employment Ends

Any earned vacation time cannot be forfeited, even upon a rightful termination of one’s employment. That means that, upon termination, an employer must pay an employee, on a prorated daily basis, any earned and unused vacation at their final rate of pay. Any unused vacation time should be included in a former employee’s final paycheck.

Restrictions on Certain Employees

California employers can restrict a vacation policy to exclude certain classes of people, beyond just the probationary period that was discussed earlier. For instance, a vacation plan can be limited to certain jobs (e.g., managers) or only for full time employees. However, these restrictions cannot be made to discriminate against protected classes of people such as a vacation policy targeted at one’s race or gender.

Other Types of Leave

California law requires that employers provide a certain amount of paid sick days per year. However, sick leave does not fall under the same policies as vacation time. However, when an employer has a general paid time off policy that combines vacation time and sick leave, an employer is bound to follow the rules for vacation time in California. That means, among other things, the employee has the right to take these days off (or be paid) for any reason they choose.

Distinguished from vacation or paid time off is paid holidays. Future paid holidays that are tied to a specific event (e.g., New Year’s Day) does not need to be paid out to an employee upon termination of the employee-employer relationship. While personal days cannot be forfeited, paid holidays can.

Remedies for Violations

If an employer violates any of the above requirements, there are remedies for the employee. California’s labor commissioner is given the authority to resolve vacation claims. While you can file a lawsuit in court, it may be easier to start with filing a wage claim with the DLSE for lost wages or whatever appropriate remedy you are seeking. Once a claim is filed a determination will be made as to whether it should be referred to a conference or whether the claim should be dismissed. If a conference is held it will be used to further determine if there is a valid claim and if the claim can be resolved. If there is a valid claim and it cannot be resolved at the conference, it will be resolved by a hearing. After the hearing, the Labor Commissioner will issue an Order, Decision, or Award (ODA) which may be appealed by either party in civil court. If the appeal is made by the employer, DLSE may represent an employee who does not have the financial means to hire an attorney.

If you no longer work for this employer, you can make a claim for a waiting time penalty under Section 203 of California’s Labor Code. The waiting time penalty can be charged against an employer for up to 30 days and is the employee’s average daily wage for each day the penalty is assessed.

If an ODA is issued in an employee’s favor, and there is no appeal, the DSLE will enter a judgment against the employer. This judgment has the same effect as if you prevailed in a lawsuit in civil court. The only difference is, when a judgment is entered, you can either attempt to collect on the judgment yourself or you can allow DLSE to enforce the judgment.

Conclusion

It’s important to understand your rights when it comes to vacation time. While California law may not provide an explicit right to vacation time, it provides several protections if your employer has a vacation plan in place. If you have any questions or your employer has taken action that has impacted your vacation time, you should reach out to an experienced California employment attorney.

employer failing to pay a wage to an employee

Failure to Pay Wages in California

August 9, 2022October 25, 2022 admin

As an employee you expect to get paid. So does the State of California. When it comes to your wages, the California Labor Code provides requirements for employers to ensure prompt and full payment of your earned wages. In California, employers are legally required to pay their employees’ wages and pay them on time.

Understanding California Employers’ Obligation to Pay Wages

Definitions

Before we discuss an employer’s obligations it’s important to understand a couple of key terms.

Wage – Payment for any labor performed by an employee. This includes, not only your salary or hourly rate, but also things such as vacation time, sick pay and even room & board.

Labor – Any work or services performed by an employee for an employer.

Employer Obligations

In California, you have a right to be paid under either contract law or the California Labor Code. While this article will focus on the California Labor Code, be aware, that a formal written contract – or even an oral agreement – is enough to create an obligation for an employer to pay you any wages earned.

The California Labor Code provides several rights employers must provide for their employees. These include things such as a minimum wage as well as overtime wages. However, the California Labor Code only applies to employees, not independent contractors. If you have unpaid wages in California and you have been classified as an independent contractor, you should seek the advice of a California Employment law attorney. It is illegal for an employer to classify an employee as an independent contractor simply to avoid paying wages in accordance with California laws.

The California Labor Code also instructs employers on how wages must be paid, what wages must be paid and when wages are due. A couple of important takeaways on these requirements:

Employees are entitled to the unused portion of vacation time they have earned regardless of an employer’s requirements that a fixed period of work be completed before being given vacation time.
The timing of when wages are due are largely based on whether the employee is terminated or if they resign.

Penalty for Final Unpaid Wages in California

If, after an employment ends, an employer willfully fails to timely pay all final wages a penalty can be enforced against them. The penalty is a full day wages (typically calculated by adding base wages, commissions, bonuses, and vacation pay that the employee earns in a year, dividing that sum by 52 weeks, and dividing that result by 40 hours) for each day payment of your wages has been delayed. This penalty can accumulate for up to 30 days, depending on when full payment has been made. This penalty also applies if an employer intentionally provides an employee with a check that cannot be cashed or deposited because of insufficient funds.

When determining if an employer’s action was willful, they are provided an exception if the employer has a good faith dispute about the employee’s claim of unpaid wages. This exception is provided to employers even if they do not ultimately win the dispute. Whether or not it will be considered a good faith dispute will be based on the legal and factual defenses presented by the employer.

Remedies for Employer’s Failure to Pay Wages

California employees are protected by both federal and state law. If your employer has wrongfully failed to pay your wages, you have the following options:

Informal Resolution with the Employer

Ideally, the quickest way to resolve a dispute regarding unpaid wages is to attempt to resolve the matter informally with your employer. This could include anything from a conversation between you and your employer to a formal letter prepared by your attorney. It may be that taking these simple steps are all that is needed to resolve this issue.

California Administrative Wage Claim

You can also file an administrative claim for unpaid wages and penalties. This type of claim is filed with California’s Division of Labor Standards Enforcement (DLSE). Filing an administrative claim is typically quicker and less complicated then filling a formal lawsuit. That being said, it still provides many of the same functions as a civil court, including: (1) a hearing; (2) issuing subpoenas; (3) compelling witnesses to testify; and (4) requiring employers to produce documents. Considering the similar functions and the broad protections provided by the California Labor Code, this is usually the best option if you cannot settle your claim informally with your employer.

Wage Claim with Federal Agency

There is a similar option to the California Administrative Wage claim. An employee can file a wage claim with the Federal Labor Department’s Wage and Hour Division. A claim with the Labor Department would be brought under the Fair Labor Standards Act which controls workplace rules at the federal level. Typically, for California employees, this is not the best option as California’s Labor Code tends to provide broader protections. For instance, when it comes to wages, the California labor code provides greater overtime rights and a higher minimum wage.

Civil Lawsuit

Another option is to file a civil lawsuit for the money you are owed from your employer. Lawsuits are a more formal option than filing an administrative claim. Generally, filing a lawsuit is going to be a more costly and complicated process. In addition, a civil lawsuit could be an incredibly time-consuming process. However, if you have several complex legal issues or a substantial amount of money on the line, your best option may be to bring your claim in civil court. Another reason you may want to file a civil lawsuit is to potentially recover attorney fees. The administrative options do not provide this particular remedy.

Private Attorneys General Act (PAGA) Claim

This is a unique type of claim that is filed by an employee who is owed wages but continues to work for the employer. In a PAGA claim, an employer can be issued fines which are paid directly to the State of California. However, it can also result in employees being able to recover up to 25% of the penalties issued against their employer.

Conclusion

As with most employment law issues, the best option for you depends on your specific situation. In order to determine your best option, it is recommended that you seek the opinion of an experienced California labor and employment law attorney. They will be able to assist you in determining your best option and helping you navigate the entire process.

race and color discrimination in the workplace

Race, Color, and Sex Discrimination in California

November 14, 2021October 25, 2022 admin

Any form of discrimination in the workplace drawing from ethnicity, color, race, or national origin is prohibited by California laws. In addition to racial discrimination, it is also illegal to discriminate against someone because of their skin color. Any form of deprivation, isolation, or disfavor that arises because of light or dark skin is strictly illegal. In law, both the California Fair Employment and Housing Act and the Title VII of the Civil Rights Act of 1964 made racial discrimination an illegal affair. Sadly, racial or sexual discrimination is yet quite common in California. A few years ago, some 29,000 allegations were made to the Commission for Equal Employment Opportunities, with many allegations of racial discrimination. From these figures, it is estimated that thousands originated in California.

In this article, we will explain how the laws are applicable and clarify the misconceptions that people have about these forms of discrimination in California.

Racial or Sexual Discrimination Laws apply to every aspect of employment

Racial discrimination is prohibited in any employment practice that includes job advertisements or programs, interviews and applications, hiring, promotion, relocation or leaving work, and working conditions. It should be noted that racial or sexual discrimination can be anything related to work – pay, team, roles, working hours, vacation, etc. Regardless of how they arise, discrimination about race or sex is illegal by the existing provisions of the relevant laws in California and the United States.

New working conditions apply due to differences in sexual identity.

Discrimination laws in California are becoming more complex than most other laws in several other states in the United States. Our sexual discrimination lawyers will tell you everything that you need to know. California law requires employers to approach the expression and identity of transgender people in the future. The regulations, sanctioned by the California DFEH, went into effect in July 2017. In particular, the new provisions extend the DFEH Act and outline new policies that employers in California must implement. A number of these policies take into account toilets, transition, clothing standards, preferred identity, and name and documentation. In this light, whether you are an employer or an employee in California, it is instructive to come to terms with the new and dynamic style that sex discrimination laws enact. If you do not, you may find it difficult to assert your rights where there is discrimination.

Discrimination laws prohibit harassment

Some may belittle commenting or making light jokes about a person’s racial and sexual identity because it may seem innocent to them. However, the practice is that racial and sexual discrimination laws help protect against racial harassment, comments, reprimands, offensive images, and names about a person’s race, sexual identity, or skin color. When this happens, the person suffering from the abuse may file a claim against their abusers. However, it should be noted that this abuse must also be sufficiently severe and widespread, so that any joke or slight abuse may not be sufficient. The repetition of the wording or statement to which the person concerned has shown a lack of interest may be sufficient to justify a claim. Curiously, seeing that such harassment can lead to a hostile work environment, even when the person is not the person committing the harassment, the silent attitude of the supervisor or the boss of the job may be enough to provoke a discriminatory claim.

Discrimination laws protect all races and sexes

As long as they are recognized under federal law and in California, anyone of any race, color, or sexual identity can file a discriminatory action. Interestingly, it does not matter whether the person being discriminated against is of the same race as the oppressor. For example, a black supervisor may discriminate on racial grounds against a fellow black employee by leaving him or her for white. Such discrimination remains illegal. Racial discrimination in the workplace is not limited to circumstances in which each employee or boss belongs to a different race.

What to do to protect against race, sex, or color discrimination

If you accidentally suspect that you have been discriminated against based on your race, gender, or color, you have an open window to seek protection. There are several ways to do this. For starters, you can file a complaint with the EEOC at the federal level or with the DFEH in California. In most scenarios, California law offers better and more appropriate protections than federal law. You must report it to DFEH. However, you can ask which agency to share relevant information with the other agency. In any case, it is advised you report the discrimination to any of the agencies and exhaust available administrative remedies in the process before you attempt to file a discrimination suit in court.

Reach Out!

Yet another route to cut it right to the chase – reach out! You may want to free yourself of all the seemingly stringent protocols and paperwork of approaching the DFEH or the EEOC. In that case, you are more likely to reach out to a trained discrimination attorney to help you all along the way. Of every type of discrimination that occurs in the workplace, discrimination based on sex, color, or race is quite hard to stamp out. Employees who think they have been discriminated against need to meet with a lawyer timeously to have their case reviewed. You can take a look at the several legal claims that we cover at JLG lawyers and call us for representation.

Age Discrimination

October 31, 2021October 25, 2022 admin

In case you are at least 40 years of age, the discrimination laws at the federal level and in California make it illegal for employers to reach an employment-associated decision because of your age. Nevertheless, as has been mentioned earlier, these age discrimination legal provisions at the federal and state levels apply exclusively to workers who are 40 years old at the least. A most common form of age discrimination is recruiting younger personnel rather than an older person because the younger person will demand a lower salary.

California Fair Employment and Housing Act

As with many other sorts of laws, California is a pacesetter when we talk about prohibiting age discrimination in the workplace. Sanctioned by the Californian legislature eight years before the enacting of the ADEA, the Fair Employment and Housing Act (FEHA) likewise shields workers against age discrimination who are at least 40 years of age. Even though the FEHA is identical to the ADEA, the FEHA protects employers who have only five personnel. Due to this, if you are in California, it is advised you preferably approach the FEHA due to the more equitable terms than the ADEA provides.

Establishing a claim against age discrimination

If it happens that your employer has discriminated against you because of you being 40 years or more, you may need to prove that your employer offended the FEHA and the ADEA. Tangible evidence together with accounts of witnesses stands for the most effective medium of proving age discrimination. The physical evidence may proceed from the form of employee records as well as the terms of work spelled out in the Work Manual. The accounts of witnesses can also establish that your employer took part in one or more of the significant unlawful discriminatory acts. Specifically, these are harassment, unfair discipline, lower wages, favoritism, absence of promotion, and withdrawal from company occasions.

Both the FEHA and ADEA forbid employers from exhibiting discrimination against job candidates due to their age. The means to prove this sort of discrimination is to place professional credentials between a younger job applicant and an older candidate.

Filing a Californian age discrimination claim

Getting in touch with a labor attorney in California remains the initial step to bringing a worthy claim against age discrimination. With the Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment in California, our attorney can assist you in filing a claim against discrimination. You will need to file some claim against age discrimination anytime before the statute of limitations gets to its expiry date. Or else, the agency tasked with conducting a review of your matter will dismiss it.

On processing your claim, the agency that processes it will need to issue a right-to-sue letter that declares that you have fulfilled all prerequisites that underline filing some claim with the right agency. Once more, you need to file a right-to-sue letter before the statute of limitations expires. Recruiting a labor discrimination attorney helps you ensure you are filing your pre-action notice before the deadline imposed by the government agency. Sometimes, if not every time, employers will not come over to let you know that they are terminating your employment due to your age. There are several ways to establish that an employee is being discriminated against due to their age. These include:

Sacking workers who have been in the employ of the company for a long time
Relieving employees who earn a greater salary
Comments or jokes regarding the age of an employee
Strange changes in reviews of job performance
Elevating a ‘younger’ corporate custom
Imposing retirement for employees that are older
Retaliating against employees for reporting discrimination against their colleagues that are older

Available remedies in an employment discrimination suit in California

The damages that are accessible for you in an age discrimination suit all have to do with the associated discrimination type. Generally, the remedies are obtainable for employment discrimination will allow the victim to get back to the state they were before the violation occurred. It often takes into account monetary damages, fair damages, and punitive damages. These damages from work discrimination may account for losses that transpired from higher-income coming from a promotion, back pay and back wages, higher income, benefits, pension benefits, bonus payments, suffering and pain, and/or emotional distress.

When an employer knowingly discriminates against an employee due to their age, the employee may be qualified to get liquidated damages. This type of damage is a way of punishing the acts of the offender and can help prevent the employer(s) from partaking in a similar wrongful attitude in time to come. In the event the employee has been fired due to their age, another way to remedy it may be for the court to re-employ the worker. Also, the court may go as far as providing for remedies such as elevating the employee or ordering a pay raise for them.

Nevertheless, these alternatives are usually not that preferred. In several cases, a worker may not like to get back to their hostile work environment. All the same, in a situation where you win the case, the employer may be obliged to pay up the court costs and legal fees of the employee. Always bear in mind that if your employer comes for your throat because you reported DFEH violations, you can file a complaint against the employer for retaliating or wrongfully terminating your employment.

At JLG, our Los Angeles lawyers specialize in age discrimination, so you can reach out to us to arrange a free case assessment and determine how to proceed with the claim.

misclassifying an employee in california

Employee Misclassification in California

February 18, 2021October 17, 2022 Martin

Employee misclassification occurs when employers of labor decide to categorize their employees as independent contractors with or without the intention of excluding them from enjoying significant benefits that belong to the people as employees. From the employee to the state, there appears to be no end in sight to the ugly consequences that come from employee misclassification. So, if you come to realize that your employer has been denying you what you feel you’re entitled to simply because they misclassified you, this piece is certainly for you.

At times though, it is possible that your employer has classified you correctly. In that situation, you’ll be wrong in law to bring an action against him for employee misclassification. This is a good example of why you need to consider what forms the basis for bringing a cause of action for misclassification, or better yet – contact a lawyer specializing in labor and employment cases.

As it were, against popular opinion, misclassification may not appear by way of employee vs. independent contractor. Under the state and federal overtime legislations, most employers wrongly classify their employees as “exempt” employees. Oftentimes, as a result, they end up denying their employees their overtime pay.

Independent Contractors

Much like employers do for employees, they also have distinct duties to self-regulating contractors. Normally, it is difficult to distinguish between the two, the courts in California have set aside a detail of factors to specify whether a person is an independent contractor or an employee and which includes some study of:

Who directs the means and manner of the performance of the worker’s duties?
Whether the individual engages in a different occupation or business.
The skillset needed to finish the job of the worker.
Whether the job is finished under supervision.
Can the individual be discharged for cause or at will?
Whether the individuals feel that they have come into an employer-employee rapport.
Who stocks the tools and materials of the workers?
The skillset needed to finish the worker’s job.

Every working person who supplies their own tools, does their job on time, don’t execute tasks under supervision; are greatly skilled and oversee the manner their duties are carried out are more probable to be called autonomous contractors. On a different note, every working person who can be released at will, get payments by time instead of per task, take a substantial period to finish their obligations, and finish their work which is vital to another person’s business are more probable to be regarded as employees.

Protections and Benefits

The moment a worker is tagged an employee, they are covered by labor laws and are qualified for compensation benefits that accrue to workers.

In a bid to not spend revenue on taxes and insurance policies, some employers often claim that an employee is essentially an independent contractor. Due to this, an employee can be deprived of the enjoyment of important benefits as well as protections.

What’s more, a misclassified employee may be readily disqualified from enjoying unemployment benefits. If they get hurt while working on the job, they may be ineligible to get compensation as workers.

Again, they enjoy no right to sick pay, rest breaks, a minimum wage, or overtime pay. As employees, they may also be ineligible for health care coverage and they may have to pay all Medicare taxes and social security on their own.

Exempt Employees

The California Fair Employment and Housing Act provides that overtime wages to non-exempt employees. Notwithstanding, usually, certain persons may not be properly categorized as exempt workers and otherwise don’t get overtime payments to which they are payable.

In California, under the law, exemptions ranging from legal compulsory minimum wage and overtime requirements are barely understood. The exemptions identified under the law in California relate to:

Administrative Exemption

Excepted from both minimum wage and overtime regulations of California law.

An employee under this category needs to earn a monthly salary equal to nothing less than twice the state minimum wage for a full-time engagement.
Employees who fit this requirement are normally exempt as per the administrative exemption.
The carrying out of official work associated with management policies or comprehensive business operations of their employer or the customers of their employers.
The carrying out of functions in the administration of a school organization, or an educational system, or of a department thereof, in work closely linked to the intellectual training or instruction performed there.
Who normally and constantly uses independent judgment and discretion, or
who constantly and openly helps an owner or some employee engaged in a bona fide administrative or executive capacity, or
who carries out, under exclusive general control, work along technical or professional lines demanding special experience, training, or knowledge, or
who implements, under exclusive general control, certain tasks, and assignments, and
who is majorly involved in responsibilities that meet the requirement for the exception.

Executive Exemption

Exempted from both overtime and minimum regulations of California law.

An executive employee may need to net a monthly income equal to nothing lesser than twice the state minimum wage for full-time engagement
As recommended by the Office of the Labor Commissioner, employees who fit this requirement are usually exempt under the executive exception and are seen as employees
Perform major duties that involve enterprise management, or of a customarily identified subdivision or department.
Exercise great judgment and discretion constantly in the performance of their responsibilities.

Professional Capacity Exemption

Spared from both overtime and minimum wage provisions of California law. The requirements that obtain under this exemption can be found under administrative exemption too. However, it features the demand for higher levels of mental, intellectual, physical, or artistic processes required for the completion of their tasks.

Any smack on the back for erring employers?

Employers that are found wanting of misclassification can be fined up to as much as $5000 – $20000 for each violation under the law in California. If any evidence of a series of intentional or willful misclassification is found, the courts won’t hesitate to fine such wanting employer to as much as $10k – $30k. Additionally, misclassified employees can put in for a claim against their employers for retrospective pay and other forms of denied compensation to which they are entitled.

If you feel you have been misclassified at your current or previous workplace, the best idea is to talk to an employment attorney as soon as possible.

At JLG Lawyers, you can contact our team of labor and employment experts every day from 9 AM until 9 PM and have a Free Strategy Session to discuss your case, without any charge.

California Court Clarifies the Monetary Amount for Meal Period, Rest Break, and Recovery Periods, and Affirms an Employer’s Neutral Rounding Policy

November 9, 2020April 26, 2022 Martin

November 13, 2019

On October 9, 2019, the Second Appellate District of the California Court of Appeal issued a decision clarifying the rate of pay at which an employer must pay meal period, rest break, and recovery period premiums. More specifically, the appellate court answered the question: what does the “regular rate of compensation” in Labor Code Section 226.7(c) actually mean? In Ferra v. Loews Hollywood Hotel, LLC, a 2-1 majority of the Court of Appeal affirmed the trial court’s holding that in paying meal period and rest break premiums, the regular rate of compensation is equal to one hour of the employee’s base hourly wage and is not synonymous with the “regular rate of pay” used to calculate overtime payments. This clarification is important to every employer in California.

Pursuant to Labor Code Section 226.7(c), if an employer fails to provide an employee a meal period, rest break, or recovery period in accordance with state law, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period is not provided. For years, plaintiff attorneys have been arguing that the regular rate of compensation in Labor Code Section 226.7 really means the regular rate of pay used to calculate an employee’s overtime rate – presumably, because the regular rate of pay will be higher in certain circumstances. Indeed, the regular rate of pay in Labor Code Section 510(a) is an employee’s base rate of compensation plus any adjustments to that rate arising from additional compensation the employee receives, which would include such items as shift differentials, bonuses, and commissions. Thus, unlike an employee’s base hourly rate of compensation, the regular rate of pay may change each pay period. If an employer were required to pay meal period, rest break, and recovery period premiums at the regular rate of pay, it would likely cause an administrative nightmare for payroll departments each pay period. An adjustment would have to be issued with any payment of a monthly, quarterly, or annual bonus because each of those payments would need to be included in the regular rate, and thus would increase the value of the meal or rest period premium. But, thanks to the Ferra court’s thorough analysis of the statutes and the legislative history, employers can rest assured that premium payments are paid at the employee’s base regular rate of compensation.

In rejecting Ferra’s argument that Labor Code Section 226.7’s regular rate of compensation is synonymous with Labor Code Section 510’s regular rate of pay, the Ferra court reasoned that the Legislature made a conscious decision to use two different, specific terms in two different statutory provisions enacted in the same year (and also in two different portions of the wage orders that were revised at the same time). Indeed, had the Legislature intended the terms “compensation” and “pay” to have the same meaning, the Legislature could have simply used the same term. Furthermore, the court looked to legislative history to conclude that equating “regular rate of pay” and “regular rate of compensation” would “elide the difference between requiring an employer to pay overtime, which pays the employee for extra work, and requiring an employer to pay a premium for missed meal and rest hour periods, which compensates an employee for the loss of a benefit. Requiring employers to compensate employees with a full extra hour at their base hourly rate for working through a 30-minute meal period, or for working through a 10-minute rest break, provides a premium that favors the protection of employees.” While the Ferra court agreed with the dissent that the Labor Code should be “construed in favor of protecting employees,” it held that paying employees a full extra hour at their base hourly rate for missing a meal or rest period is sufficient protection.

The Ferra court also unanimously upheld the trial court’s summary judgment order in favor of the employer and its neutral rounding system. This decision is another example of favorable case law holding that even where the net effect of a seemingly evenhanded rounding policy is slightly to reduce the overall compensation of the group of employees subject to the rounding, small statistical differences do not qualify as systematically under compensating employees as necessary to cause a rounding system to become unlawful. Thus, even though Ferra does not establish a bright-line rounding rule, it is a step toward a de facto standard that rounding to the nearest increment (e.g., the nearest tenth or quarter hour) is lawful. In sum, the Ferra court reasoned that neutral rounding contemplates the possibility that in any given time period, some employees will be overcompensated and some will be under compensated, averaging out in the long run. A rounding policy does not have to overcompensate employees to be fair and neutral, and a system can be fair and neutral even where a small majority is under compensated.

Going forward, California employers can breathe a small sigh of relief, and pay meal period, rest period, and recovery period premiums at the employee’s base hourly rate, rather than at the more administratively-complex regular rate of pay. Employers should therefore review their premium payment practices to ensure compliance and should consult with legal counsel concerning best practices for premium payments and time rounding policies.

For more information on California Employment Law or if you have been a victim of lack of compliance by an employer contact us at info@jlglawyers.com or 818-630-9422.

Pandemic Relief Fails Small Businesses

April 28, 2020August 26, 2021 Martin

The Coronavirus Aid, Relief, and Economic Security (CARES) Act is the largest aid package in U.S. history. The bipartisan deal allocates $2 trillion in relief efforts to mitigate the crisis resulting from the COVID-19 pandemic. This includes $500 billion in loans – $454 billion of which was allocated to the Federal Reserve for additional lending. The CARES Act, and its disaster relief programs, has caused great upset among lawmakers and small business owners. They’ve been inundated with complaints about breakdowns in the small-business lending program and loopholes that have allowed large companies to receive funds meant for smaller operations. Lawmakers are now looking for solutions to the mounting legislative shortcomings.

The day after lawmakers spoke with the head of the Small Business Administration about the issues with the small business program, Congress passed another huge relief bill with little done to address the early problems that have emerged. Many have speculated that decisions are influenced by lawmakers’ desire to be favored in November elections. They will be perceived negatively if their solutions to the pandemic are unsuccessful or driven by powerful interests. These factors are increasing the urgency to fix what isn’t working. Here’s a look at the growing breakdowns of rescue efforts and the consequences for small businesses thus far.

The $350 billion fund for small businesses was quickly depleted and it became apparent that large, publicly traded companies had received much of the funds. Lawmakers and the public were outraged by this injustice. Similarly, many have been frustrated over the cost of provisions in the stimulus plan, allowing wealthy business owners to take advantage of the program by qualifying for tax refunds.

Additionally, many small business owners have had difficulty obtaining the approved loan funds or getting approved through major banks. “Promises were made in the CARES Act that made small businesses believe they would receive their loans in a timely fashion,” Rep. Pete Stauber (R-Minn.) says, “Instead, some received a fraction of what they were promised and many others received nothing at all.”

And there might be even more delays coming, though Congress sent another $320 billion into the so-called Paycheck Protection Program last week. Banks warn the money could run out in a matter of days with hundreds of thousands of applications still pending.

To delve deeper into the specifics, about 70% of U.S. small business owners have already applied for emergency loans, according to an industry survey released Thursday. A report by the trade group says the program, largely operated by banks, and a second operated by the SBA to provide immediate cash while struggling businesses wait on loan approvals, “have yet to deliver the loans, frustrating small business owners who are in immediate need of financial support.” The survey found that just over half of small businesses have applied for the SBA’s smaller disaster loan program but that just 4% had been approved. The survey reinforces the concerns of banks and small-business owners that the $349 billion Congress set aside for the Paycheck Protection Program will quickly be exhausted. The path forward for additional federal intervention is uncertain as the virus continues to wreak havoc on the economy.

Sen. Marco Rubio (R-Fla) said on Twitter “…#PPP will stop & no more #PPPloans will be made, leaving millions of #smallbusiness locked out.”

Rep. Mary Gay Scanlon (D-Pa.) echoes this sentiment saying, “Our constituents have a lot of questions about where the hell this $3 trillion is going and why it isn’t coming into their pockets,”

The federal government restarted the emergency loan program on Monday with $321 billion in funds. But the Paycheck Protection Program, first opened on April 3 with $349 billion, was a pot of money that ran out in 13 days.

Still, small businesses can’t seem to catch a break. On the first day of the reopened Paycheck Protection Program, banks reported that the Small Business Administration’s portal was not functioning and would not allow them to enter loan application information required for small businesses to access the program.

“We have been attempting to access E-Tran since 10:30 and have had no luck,” said Maria Amoruso, chief marketing officer at Pennsylvania’s NexTier Bank, in a midday message to NPR.

Amoruso said her bank had 13 small business loan applications ready on Monday morning. As of midday, her team had only been able to get one loan entered into the system.

This is yet another reason why the small business loan program has fallen short of providing desperately needed aid in a timely manner.

Rob Nichols, CEO and president of the American Bankers Association (a trade group that represents banks) tweeted out, “Our member banks across the country are deeply frustrated at their inability to access @SBAgov’s E-Tran system,” he tweeted. “We have raised these issues at the highest levels. Until they are resolved, #AmericasBanks will not be able [to] help more struggling small businesses.”

Until the multitude of issues with the roll-out of the second disaster relief package have been resolved, unfortunately, several small businesses will not receive the financial assistance they need in time to survive this economic crisis. In light of the failing system, businesses are having to look at alternative options to weather the storm.

The expert attorneys at JLG Lawyers will explain the various options available, and help to create a customized plan that can relieve or reorganize debt. To get more information about debt settlement or filing for a business bankruptcy, contact Michael Jaurigue at 818-630-7280 or info@jlglawyers.com for a free consultation today.

Personal Debt Analyzing Debt Settlement vs. Bankruptcy. What Is Right For Me?

April 22, 2020April 22, 2020 Martin

In these uncertain times debt can be a scary proposition for anyone. When your debts become overwhelming, you begin searching for relief. Debt settlement and bankruptcy are solutions to the same problem – What are the most direct methods for getting out of debt? — but they can take very different tolls on your future financial well-being. If your debts are so massive that you can’t imagine repaying them, it’s time to consider both options.

Bankruptcy can offer the fastest path out of debt, but the long-term impact on your creditworthiness is severe. A bankruptcy will stay on credit reports from seven to 10 years, which will greatly impede your ability to get a loan, receive a credit card or buy a home. Bankruptcy, which is adjudicated in federal court, either wipes out your personal debt (Chapter 7) or creates a plan for repaying creditors (Chapter 13).

Debt settlement doesn’t require a court filing and, unlike bankruptcy, can often be handled without a lawyer or financial counseling. A settlement is a deal you negotiate with creditors to pay less than the amount owed.

Why would creditors want to settle your debts for less than you owe?

They know that you can always file for bankruptcy, which could eliminate their ability to collect anything from you. So, they are frequently willing to accept less than they are owed through debt settlement.

If you conclude that you can’t even afford debt settlement, bankruptcy could be the best option.

Personal bankruptcy comes in two varieties: Chapter 13 is essentially a payment plan that takes three to five years; Chapter 7 clears your personal debts but comes with potential pitfalls. If you own a home, you will be able to keep it under Chapter 13, though you will need to make mortgage payments after you exit bankruptcy court. Chapter 7 doesn’t offer that guarantee. Some states allow bankruptcy trustees to sell your home to raise money to repay creditors. Chapter 7 also has income limits that requires you make less than your state’s median income for a family your size.

Bankruptcy frees you from debt collection, but the headaches can linger for years. Debt settlement without bankruptcy can take more time, but if negotiated properly can do far less damage to your credit. Understanding the pros and cons of debt settlement vs. bankruptcy and making the smartest choice can have a big impact on your future finances.

Choosing Debt Settlement or Bankruptcy

Impact of Bankruptcy and Debt Settlement on Credit

Both bankruptcy and debt settlement can have an adverse impact on your creditworthiness and can lower your credit, or FICO, score for years. Bankruptcy, no matter which chapter you file under, is certain to bring down your score. The better your score is to begin with, the more it will drop.

A Chapter 7 bankruptcy remains on your credit report for 10 years from the date of filing; a Chapter 13 stays on the report for seven years. Accounts associated with a bankruptcy or debt settlement are removed from your report seven years after they initially become delinquent.

Bankruptcy laws regulate what happens to your money when your case is settled. Chapter 7 cases typically clear your debts, while Chapter 13 requires partial repayment. A bankruptcy judge will decide how much you need to repay based on laws in your state.

Debt settlement typically requires that you make a lump sum payment to clear your account. If you are unable to pay that amount right away (most people in default can’t), you’ll have to stop paying your credit card bills until you save enough to settle the debt. Stopping payment can further damage your credit and expose you to late fees, additional interest charges, collection efforts and lawsuits.

The possible advantage to settlement is that in exchange for a payment, creditors will sometimes agree not to report the settlement to the three major credit-rating bureaus. Your earlier credit problems probably have damaged you credit score, but if the settlement isn’t reported, it may take less time to rehabilitate your credit score.

Advantages to Chapter 7 bankruptcy:

Clears most debts and offers a financial fresh start.
Doesn’t require the filer to pay taxes on unpaid debts.
Prevents creditors from pursuing collections.

Disadvantages to Chapter 7 bankruptcy:

Damages credit report for 10 years.
Some states allow seizure and sale of you home and other properties. You should review what is exempt in your state.
Requires that you wait eight years before filing again under Chapter 7.

Advantages to Chapter 13 bankruptcy:

Protects your property, including your house and car, from foreclosure and repossession to cover debts.
After you complete required payments, you receive a discharge of debt.
You aren’t required to pay taxes on forgiven debt.
Waiting period before you can file again is two years – six years less than under Chapter 7

Disadvantages to Chapter 13 bankruptcy:

Requires that you follow a court-ordered payment plan that lasts three to five years.
Reduces your credit score for years, making it difficult to borrow money or obtain credit.

Other Considerations:

Learn how long bankruptcies stay on your credit report. Before any lender extends you a loan, they will pull your credit report. Accordingly, you want your credit report to look as good as possible. Unfortunately, your bankruptcies will stay on your reports for years.

A chapter 7 stays on your report for 10 years after you file. Your credit score can fall 150 points or more. The higher your score, the more it will fall.
A Chapter 13 stays on your report for seven years after you file. Your credit score will also be lowered.

Understand the effect of debt settlement on your credit report. Debt settlement negatively affects your credit report because you typically stop making payments to your creditors as you save up money to make a lump sum offer. (If you can save money while continuing to pay your monthly debts, then you probably don’t need to consider debt settlement or bankruptcy in the first place).

By missing payments, your creditors will probably report the debt as in default. If you wait long enough (such as 180 days), the debt gets charged off and sold to collections. This type of negative information will stay on your credit report for years. For example, a collections account can stay on your report for seven years.
However, creditors don’t have to report negative information to the credit bureaus. Instead, you might negotiate an agreement where they won’t report it.

Contact Us:

We understand debt settlement and bankruptcy is a challenging topic to face both financially and emotionally. The processes can become very complicated in a system that is difficult to navigate and frequently changes. Consulting with a good lawyer as soon as possible is incredibly important to the success of your debt settlement or bankruptcy strategy. At JLG Lawyers we offer solutions to help advise you and answer questions all the way to a full attorney handled case. Contact us now for a free case review and strategy session.

JLG Lawyers and Michael Jaurigue, Esq. are located in Glendale, California and specialize in debt settlement and bankruptcy matters. Michael Jaurigue is a UCLA and Berkeley Law graduate and has been practicing law for 20 years in Los Angeles and worked at Sheppard, Mullin, Richter, and Hampton representing several Fortune 100 clients prior to forming his own firm 10 years ago. JLG Lawyers is located at 300 W Glenoaks Blvd. Suite 300, Glendale, California 91202. 818-630-7280.

Famous Celebrities You May Not Have Known Filed Bankruptcy Including Wayne Newton, MC Hammer, Mark Twain, and More.

April 22, 2020December 4, 2024 Martin

Bankruptcy Is More Common Than You Think.

During these uncertain times it is easy to get lost in the day to day negative press and lack of clarity about the future. It’s important to take everything in stride and realize that financial difficulties happen to the best of us, and should be looked at as a starting point of a new, successful journey. People facing financial difficulties often feel like they are the only ones having money troubles. They often feel embarrassed and isolated from the rest of the community. They are reluctant of file for bankruptcy because they are afraid they will be considered failures and irresponsible by the public. They do not realize that many people, including famous celebrities, have faced similar financial difficulties and filed for bankruptcy to discharge their debts. This article will discuss some of these famous people including artists, athletes, authors, actors and businessmen who filed for bankruptcy.

Rembrandt Haremenszoon Van Rijn, 1606-1669, the famous Dutch painter, accumulated more debts than he could repay and filed for bankruptcy at the age of 50 in 1656. Jacob Peter Thomasz, a lawyer, supervised the sale of his assets in 1657 and 1658. Many of Rembrandt’s paintings and his house were sold at an auction. After the bankruptcy, he continued to paint but was not allowed to fsell his works directly to customers. He was able to circumvent this law by having his son take over his business and sell his paintings.

Phineas Taylor Barnum, 1810-1891, the greatest American showman, filed for bankruptcy in 1871 due to losses he incurred in unwise business ventures. After bankruptcy he organized his famous circus, “The Greatest Show On Earth.” In 1881 he merged his circus with his most successful competitor, James A. Bailey, under the name of Barnum and Bailey Circus.

Mark Twain, (Samuel Langhorne Clemens), 1835-1910, pre-eminent American author, lost most of his money investing in a worthless machine called the Paige Compositor, an automatic typesetting machine. He filed for bankruptcy in 1894 and discharged all his debts, but was determined to repay the debts. He knew he could earn money by giving lectures to large audiences, so he traveled to Europe and spent the next four years lecturing in every major city. He used the proceeds from these lectures to repay all his debts. He also wrote several of his more famous books after filing bankruptcy including Pudd’nhead Wilson and Following the Equator.

Mathew Brady, 1823-1896, distinguished Civil War photographer, filed for bankruptcy in 1872 in Washington, D.C. when, after the Civil War, people lost interest in his work and he became unable to pay his business fdebts. Three years after he filed for bankruptcy the United Stated War Department agreed to purchase part of his photography collection for $25,000.00. He then reopened his gallery and was successful in attracting new clients for his work.

Henry John Heinz, 1844-1919, condiment manufacturer, started his company in 1869 selling horseradish, pickles, sauerkraut and vinegar. In 1875 the company filed for bankruptcy due to an unexpected bumper harvest which the company could not keep up with and could not meet its payroll obligations. He immediately started a new company and introduced a new condiment, tomato ketchup to the market. This company was, and continues to be, very prosperous.

Oscar Wilde, 1854-1900, acclaimed poet and author, was forced into bankruptcy in 1895. He had earlier been convicted of homosexual activity, which in England was illegal at that time, and was sentenced to two years in prison at hard labor. He was declared a bankrupt on November 12, 1895 and his property was auctioned off. After being released from prison he published his poem, The Ballad of Reading Gaol. His health was affected by his prison experience and he died at the age of 46.

Milton Snavely Hershey, 1857-1945, founder of Hershey’s chocolate, started four candy companies that failed and filed bankruptcy before starting what is now Hershey’s Foods Corporation. Mr. Hershey had only a 4th grade education, but was certain he could make a good product that the public would want to purchase. His fifth attempt was clearly successful.

Henry Ford, 1863-1947, automobile manufacturer, first two automobile manufacturing companies failed. The first company filed for bankruptcy and the second ended because of a disagreement with his business partner. In June 1903, at the age of 40, he created a third company, the Ford Motor Company with a cash investment of $28,000.00. By July of 1903 the bank balance had dwindled to $223.65, but then Ford sold its first car, and as they say the rest is history.

Mickey Rooney, 1920- , movie actor, blames alcohol and gambling for the financial problems he suffered in the early 1960’s. He owed the Internal Revenue Service $1.75 million and filed for bankruptcy in 1962. After the bankruptcy he continued to act and has had many roles in movies and television. He is still performing live shows today.

Debbie Reynolds, 1932- , movie actress, purchased a hotel in Las Vegas in 1992 and called it the Debbie Reynolds Hotel and Casino. She thought she could operate the hotel successfully, however, it was plagued by a weak cash flow almost from the start. In July 1997 the hotel filed for Chapter 11 bankruptcy and Ms. Reynolds filed for personal bankruptcy. The hotel was sold at auction in 1998 to the World Wrestling Federation.

Johnny Unitas, 1933-2002 , legendary Hall of Fame football quarterback, was a great athlete but a terrible businessman. Each of his business ventures, including bowling alleys, land deals and restaurants, was unsuccessful. He filed for Chapter 11 bankruptcy in 1991. Other football players who filed for bankruptcy include Tony Martin and Lawrence Taylor.

Jerry Lee Lewis, 1935- , famous Rock n’ Roll star, filed for bankruptcy in 1988 because of huge tax debts. The IRS seized his cars, furniture, baby grand piano and even showed up at his concerts to collect ticket sales. He has since recovered from bankruptcy and still gives live concerts.

Burt Reynolds, 1936- , movie actor, filed for bankruptcy in 1996 in Florida after his much publicized divorce from Loni Anderson. He had more than $10 million in debt. His dinner theater was foreclosed on by the mortgage lender and his ranch was sold. Since his bankruptcy he has continued to act in movies and was awarded the Golden Globe for Best Supporting Actor in the film Boogie Nights.

Sherman Hemsley, 1938-2012) , TV actor who played George Jefferson in All in the Family, filed for Chapter 13 bankruptcy in June of 1999. He did not have sufficient funds to repay a $1 million loan from a Las Vegas investment corporation and pay taxes he owed to the IRS. He later dismissed the case and worked out his debt outside court.

Marjorie Margolies Mezvinsky, 1942- , former member U.S. House of Representatives from 1993 to 1995, filed for Chapter 7 bankruptcy in February 2000. She was denied a discharge however because she failed to satisfactorily explain and disclose what happened to all her assets.

Wayne Newton, 1942- , Las Vegas entertainer, filed for Chapter 11 bankruptcy in 1992 listing more than $20 million in debt. A few years later he signed a new contract with Stardust Hotel which pays him reportedly over $25 million per year for performing at the hotel 40 weeks a year for 10 years.

Kim Basinger, 1953- , actress, earned so much money from her movies that she was able to purchase the town of Braselton, Georgia. After the purchase she was sued for breach of contract for pulling out of the movie, Boxing Helena. She was not able to pay the damages resulting from the suit and filed for bankruptcy in 1993. As part of her bankruptcy she sold the town. She later married Alec Baldwin, had a child and won an Oscar for her role in the movie L.A. Confidential.

MC Hammer (Stanley Burrell) 1962- , musician and entertainer, filed for Chapter 11 bankruptcy in 1996 because he did not have the income to support his lavish lifestyle and defend all the lawsuits that were filed against him.

Walt Disney, 1901-1966, cartoon creator, filed for bankruptcy in 1920 after his main client of his new business filed bankruptcy. Disney said he could no longer pay his employees or the rent and had no choice but to file bankruptcy himself. In 1923 her formed a new company with a loan from his parents and his brother. In 1928 her created “Mickey Mouse” and the rest is history.

Larry King, 1933-, talk show host, filed for bankruptcy in 1960 and then again in 1978. He said each time that he was deep in debt.

Donald Trump, 1946-, businessman, filed a Chapter 11 bankruptcy case for his casino empire in 2004 to reorganize his business after negotiations with his creditors failed. This was the second bankruptcy case for his casino business, in 1992 he had filed Chapter 11 bankruptcy for his casino business. He is now the President of the United States.

Mike Tyson, 1965-, professional fighter, filed a Chapter 11 case in August of 2003 because he was not able to pay all his bills.

Sammy Kershaw, 1958- , country music singer, filed a Chapter 13 bankruptcy case in February 2007. He had some major hits during the early 1990’s, but nothing recently. He was facing financial difficulties with a restaurant he owned.

Stephen Andrew Baldwin, 1966-, actor, played in movies such as The Beast and Born on the Fourth of July and was Barney Rubble in the Flintstone’s Viva Rock Vegas. In 2008, he was on TV in Donald Trump’s Celebrity Apprentice. He is also a minister and appears weekly on a Christian radio show. He filed for Chapter 11 on July 21, 2009 after he defaulted on his mortgage loan. He claims to owe more than $2.3 million in debt.

Jose Conseco, 1964-, baseball player, born in Cuba and moved to the U.S. as an infant with his family. In 1988, he became the first player in major league history to hit 42 home runs and steal 40 bases in the same year. In 2005 he admitted to using anabolic steroids. In 2008 his house was sold at foreclosure and he filed for Chapter 7 bankruptcy.

Vince Neil (Wharton), 1961-, singer, He joined the band Motley Crue in 1981 and recorded such hits as Dr. Feelgood and Girls, Girls, Girls. In 1992 he left Motley and went solo recording Exposed, which debuted at number 13 on the Billboard charts. In 1995 his daughter died of childhood cancer of the kidneys ad he established the Skylar Neil Foundation in her honor. It funds cancer research. In 1998 he filed for Chapter 7 bankruptcy, but was later not satisfied with his bankruptcy lawyer and thought he was negligent in handling his case. The judge refused to reopen the case. Mr. Neil has since started several business ventures.

Anna Nicole Smith, (1967-2007), former playmate model, filed bankruptcy in 1996 as a result of an $850,000 judgment against her, as she was left without funds following the death of her wealthy elderly husband, J. Howard Marshall. The Supreme Court recently issued an important ruling in her bankruptcy case in which it held that bankruptcy court judges may not rule on non-bankruptcy law matters.

Abraham Lincoln, (1809-1865), 16th President of the United States of America, declared bankruptcy in 1833 because of a failed business. He was required to repay his creditors over a period of 17 years, much longer than the maximum requirement in a Chapter 13 today, which is 5 years.

George McGovern (1922-2012) former presidential candidate, filed a bankruptcy case for his business in 1991. He had invested in a hotel in Connecticut which failed.

Cyndi Lauper, (1953- ), singer, filed bankruptcy in 1981 after splitting up with her band, Blue Angel, and being sued by her manager for breach of contract. In 1984 she released her hit “Girls Just Want To Have Fun.”

Lynne Spears, (1955- ), mother of Britney Spears, filed for bankruptcy in 1998 with her then husband James, just before Britney’s career took off.

Zsa Zsa Gabor, (1917- ), actress, filed bankruptcy in 1933 after a judgment was entered against her for libel for more than $1 million dollars.

Dione Warwick, (1940- ), Grammy award winning singer, filed Chapter 7 in 2013 due to mismanagement of her business affairs and owing more than $7 million to the IRS.

Casey Anthony(1986- ), young mother acquitted of murdering her 2 year old daughter, filed Chapter 7 listing more than $800 thousand in debt.

Janice Dickinson(1955- ), former supermodel and judge on America’s Next Top Model, filed bankruptcy in 2013 due to large medical bills and past due taxes.

Michael Vick, (1980- ), football star, filed for Chapter 11 bankruptcy in July of 2008 while he was still serving time in jail for illegal dog fighting. His plan of reorganization was approved by the court in 2009.