Ferraro Vega Employment Lawyers proudly supports workers when their rights are violated. We understand how hard it can be to lose your job, but it takes on even higher stakes when your job is taken away for reasons you can’t control–and these reasons are often against the law. If this has happened to you and you want to know more about your legal rights, contact us today for a free consultation.

Why Would You Need a Lawyer?

If you think your rights at work are being violated, it’s an obviously stressful situation. Whether you’re not being paid properly, being harassed, or are facing unsafe conditions, working in such an environment is very harmful to you personally and professionally. That’s when you need experience and dedication. Here’s how our team at Ferraro Vega can help you:

  • Reviewing your case – Our lawyers can look at the details of your situation to see if you have a viable claim. We’ll check if your employer may have broken laws around discrimination, harassment, wrongful termination, wage issues, and more.
  • Giving you legal guidance – If you have a case, we’ll explain your rights and options so you can make informed decisions about how you want to go forward.
  • Negotiating for you – We can handle discussions with your employer (or their insurance companies) to help reach a fair settlement.
  • Representing you in a lawsuit – If it reaches the point that you need to file a lawsuit, we’ll represent you in court.
  • Standing up for you – Our lawyers are dedicated to fighting for your rights and will handle even the toughest cases.

We believe every worker throughout California deserves respect. If your employer has violated your rights, we’re here to help hold them accountable. But again, understanding your rights–and how culpable your employer is–is the natural starting point for any claim.

What Are Your Workplace Rights in California?

California’s employment laws are meant to protect workers, but they can be complex, and both employers and employees need to stay informed. Various state agencies are charged with enforcing these laws, but violations still happen. So, here’s what your rights are as a worker in California:

  • Wage and hour violations – California laws provide specific protections for wages and hours, covering issues like:

    • Unpaid wages – Employers must pay employees for all hours worked, including overtime.

      Meal and rest breaks – Employers must provide regular meal and rest breaks where you’re paid.

      Unpaid overtime – California requires overtime pay for eligible employees working over eight hours a day or 40 hours a week
    • Misclassification – Employees misclassified as independent contractors may miss out on overtime pay and benefits.
  • Wrongful termination and retaliation – The FEHA also gives you protection against wrongful termination and retaliation for reporting issues like discrimination or harassment or for belonging to a protected class. Retaliation can show up in various ways, including:
  • Being fired or demoted
    • Pay cuts or losing benefits
    • Denied promotions or training
    • Negative reviews, exclusion from meetings, or false statements

If retaliation builds to where you feel like you have to quit, this can be considered “constructive discharge,” which is treated as illegal termination under the law.

  • Discrimination and harassment – California law entitles everyone to a workplace free from discrimination and harassment. The Fair Employment and Housing Act (FEHA) protects workers based on characteristics such as:

    • Race, color, religion
    • Age (over 40), genetic information
    • Sex, gender identity, gender expression
    • Sexual orientation, marital status
    • National origin, ancestry
    • Physical or mental disability, medical condition

The FEHA also protects you against discrimination in housing and applies to employers with five or more employees, labor organizations, and employment agencies.

  • Unsafe working conditions – The California Occupational Safety and Health Administration (Cal/OSHA) protects you and other workers from being forced to work in unsafe conditions, and also is charged with investigating and responding to safety complaints. Unsafe conditions might include:

    • Exposure to harmful substances
    • Lack of safety equipment or proper training
    • Poor ventilation or lighting
    • Slippery floors or overcrowded spaces

Every employee in California has a contract with their employer, whether written or implied, covering important terms like their pay, schedule, duties, and benefits. If your employer doesn’t hold up their end of the agreement, you may be able to file a claim for breach of contract.

How Can You Protect Your Rights and Potential Claim?

In any potential employment claim, there’s two crucial elements that have to be fulfilled:

  • You must be covered under the law.
  • The employer must have taken actions that violate that law.

Once these factors are clear, you have to take steps to protect yourself and your claim. It’s all about getting the information and documentation–evidence–that will form the foundation of your claim. Here’s what you can do:

  • Document everything – Keep a record of any incidents of discrimination, harassment, retaliation, or any other rights violations. Save emails, texts, written notes, performance reviews, and any disciplinary actions.
  • Report issues quickly – If you experience or witness unfair treatment, report it to HR or your supervisor as soon as possible. This creates a record showing you took action to address the issue.
  • Follow your company’s procedures – Be sure to follow your employer’s policies and procedures for reporting grievances. This shows you made a good-faith effort to resolve the issue internally.
  • Watch for retaliation – If you face negative changes, like demotions, pay cuts, or job reassignments, after reporting an issue, document them, as these may support a retaliation claim.

Keeping evidence that shows your employer ignored or failed to correct a violation protects your rights, especially if you faced retaliation, like changes to your schedule, pay, or job duties, after speaking up.

What Legal Options Do You Have in an Employment Claim?

Generally speaking, your claim could go a variety of different ways once you’re able to establish that your workplace rights have been violated. That said, you do have certain options, just like you would in any other situation. The main difference is that the process is much more formal in an employment law case–most of the time, anyway.

You have two main options:

  • Filing an administrative claim
  • Filing a lawsuit
  • Joining a class action lawsuit

Normally, the process starts with you filing a complaint with the right agency, like the Department of Labor Standards Enforcement (DLSE) for unpaid wages or Cal/OSHA for unsafe conditions, which will investigate and provide additional evidence for your claim. While these agencies don’t have full legal power, they can issue fines and other decisions that punish your employer. Still, given the seriousness of the situation, your next step after filing with the administrative agency is to file a lawsuit.

Filing a lawsuit means taking your employer to court. This can be intimidating, especially since you may still be employed with them. Still, after you decide you want to file a lawsuit, we’ll make sure your case is filed within the required time frame, called the “statute of limitations. In California, it’s usually:

  • Two to four years depending on the type of claim you have.

A lawsuit-whether it’s an individual one or a class action–takes time, especially during “discovery,” when both sides gather evidence through questions, depositions, and documents. Cases often end through settlement or mediation, but some go all the way to trial.

Regardless, the main point is to recover “damages” that are related to your losses. In a typical employment claim, this involves things like:

  • Lost income and loss of earning potential
  • Lost benefits
  • Emotional distress
  • Reduced quality of life

There’s no denying that facing your employer in either an administrative complaint or formal lawsuit can be scary, given that they have more resources than you do. But working with our team will give you the legal support and guidance you need to hold your employer accountable–and protect everyone’s rights in the workplace.

Frequently Asked Questions

How do I know if I have an employment claim?

You have to first meet the legal requirements–meaning you have to be discriminated against because of a protected characteristic or exposed to an unsafe work environment, or something similar. Then, you have to actually show that your employer violated the law in some way. From there, it’s all about having the proper documentation and evidence. Our team can guide you through this whole process.

What’s my employment claim worth?

Like any claim, what yours is worth is going to depend on how serious your losses are. If you’ve worked somewhere for many years and have built up a substantial nest egg in terms of benefits, your claim could be worth more. Regardless, taking the right legal steps is very important for protecting yourself.

Can I have more than one claim?

Yes. You have the right to file a claim against your employer for every violation of your rights. This means filing more than one claim, which can be more complicated, but also means higher potential damages.

Contact Our Experienced California Employment Lawyers Today

At Ferraro Vega, our team of California employment lawyers is here to provide free legal help for workers whose workplace rights have been violated. With our knowledge and experience, we can guide you through the legal process, helping you move forward and get the financial support you need. Don’t wait–contact us today for a free consultation to get started.

Additional Resources

Unpaid Wages Lawyer