Winton Strauss Law Group, P.C.

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  • David is an experienced attorney who exhibits professionalism, integrity and a practical cost-benefit approach to business litigation. He assisted me under very difficult circumstances and led us to a successful outcome...    Read more

  • I have had the pleasure of knowing and working with Jay Strauss for more than 20 years. More than a great lawyer, he is a great counselor. As a counselor, Jay applies the business wisdom he has acquired over the years as a business advocate, litigator and advisor to the legal challenges and opportunities of small, medium and large corporations.... Read more

  • David Winton is someone who is committed to getting his clients results. He cares about his clients and makes it easy to understand the next steps no matter what you are tackling. He takes the sometimes complicated legislative system and brings clarity to it..   Read more

  • I was 79 year old employee of a Steamship Agency, when my employer unjustly terminated me after twenty five plus years of commendable service... Read more

  • David is probably the smartest (and most effective) attorney that I know in the Bay Area...and the results that he provides for my clients have reflected this. avid has a unique ability to cut through ...  Read more

  • Let it be known that Jay Strauss saved me and my family.I had an unusual incident with a major company in the garment industry, such that I suffered a debilitating breakdown which took nearly a year to recover from. Obviously, without income for that period of time, it was extremely difficult to survive financially... Read more

  • David has worked for and with me to find a resolution to a very difficult business issue we have recently had to address. He was able to bring about the exact results we had discussed prior to engaging in the work... Read more

  • I am writing this letter to congratulate you on a masterful representation of the Petersons.Your exchange with [the Bank of America Manager] and summation deserved audible acclaim... Read more

You have rights when searching for a job

In our last post, we talked about employees who are illegally fired based on profanity or protected speech that they use. Firing someone is more complex than just saying "you're fired" and escorting the individual off the premises. On the other end of the spectrum, hiring a new employee is also more difficult than it may seem. There are many legal topics to consider when a company begins the process of bringing aboard a new employee.

Before a new employee is actually hired, they will undoubtedly meet with someone at the company and be interviewed. During this interview the interviewer is forbidden to ask certain questions to the interviewee. The list is long, but in general the interviewer can't ask many sensitive questions about many topics, such as the prospective employee's religious beliefs, their desire to have children, their marital status, age or race, or their drug or alcohol use.

The company also has to perform a background check on any prospective employee, and this too must be done delicately. Once the company has the information on the individual, they have to properly store it and protect it. They also have to obtain the information in a legal and proper manner.

It should also go without saying, but an employer can't discriminate against any potential employees.

Legal advice during the hiring process may be necessary for employers or prospective employees. Remember: prospective employees have a bevy of rights during the hiring process, and when these rights are violated, you have the ability to take action.

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