California law protects employees in myriad ways. From wrongful termination to safety in the workplace and more, it’s helpful to know a few basic things about employment law and how you may be affected. Here is some basic information to know:
Do You Believe You Have Been Wrongfully Terminated from Your Job?
This may occur when an employer has discharged or laid off an employee in violation of a legal right of the employee, sometimes based on an employer/employee contract. In extreme circumstances, an employee may quit and still bring a claim for wrongful termination (“constructive discharge”).
Do You Have a Sexual Harassment Claim?
Unwelcome sexual advances or conduct on the job that creates an intimidating, hostile or offensive working environment. The unwelcome sexual conduct can be from a supervisor, coworker, independent contractor or client. Sexually harassing behavior ranges from repeated offensive jokes or innuendos, inappropriate touching and requesting sexual favors for pay or promotions, to outright sexual assault or a workplace full of pornography. Once a claim is made, employers are legally required to conduct an investigation to determine if discrimination or harassment occurred and prevent future discrimination or harassment.
What Does Workplace Discrimination Entail?
According to attorneys practicing employment law, workplace discrimination occurs when an employee suffers unfavorable or unfair treatment due race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person or receives unequal compensation for equal work based on gender or race. If you experience any type of employee discrimination, a lawyer may be able to help you with your case.
Do You Have a Wage & Hour Claim?
Employee lawsuits can arise from unpaid overtime or commissions, uncompensated meal or rest breaks, minimum wage or other violations of state or federal wage and hour laws. These rules are painfully complex. Many claims occur as a result of employers misclassifying employees as independent contractors.
Are You Aware of Your Rights if You Are under a Union Contract?
These cases involve the rights under a union contract or a local union’s failure to represent a member’s interests fairly. For example, an employer cannot retaliate against an employee for union activities, and a union agent cannot threaten an employee with potential loss of a job if the employee does not support union activities; otherwise, employee discrimination lawyers may bring a case against the employer.
Do You Have a Safe Workplace?
OSHA, the Occupational Safety and Health Administration, and its California equivalent, CALOSHA, set and enforces particular standards for safety. If employers fail to comply with these requirements, causing risk or harm to employees, then lawsuits may hold them liable for negligence. Workplace lawyers may bring a case citing OSHA requirements.
For more key issues in employment law, visit the San Diego County Bar Association website.
This information is for educational purposes only and is not intended to provide legal counsel or serve as legal advice. If you have an employment law matter, it is best to consult the advice of an attorney. You can get referred to an attorney for a free 30-minute consultation through the San Diego County Bar’s Lawyer Referral & Information Service at www.sdcba.org/ineedalawyer or by calling 1 (800) 464-1529.