San Clemente Employment Law Attorney
Employment law covers all areas involving employers and employees, including the hiring process. California has numerous labor laws to protect both employers and employees. While extremely valuable, these laws can also be difficult to navigate alone, especially if you have any concerns about your protections as an employee. If you are a California employee who has been wronged by your employer, you need to consult with a San Clemente employment lawyer.
Even with all the laws in place to protect employees, pursuing an employment law claim can still feel overwhelming. Relying on an employment lawyer to guide you through the process can help relieve your anxiety. With years of experience, Ferraro Vega San Diego Employment Lawyers stands ready to help the employees within our community with their employment law concerns.
Discrimination
Discrimination against an employee based on a protected characteristic is illegal in California and the entire United States. Fortunately, San Clemente, California offers protections to a broad range of employees, as the list is more inclusive. The protected characteristics include:
- Race, Color
- Marital Status
- Gender Identity or Expression
- Sexual Orientation
- Religion
- Ancestry
- Mental and Physical Disability
- Genetic Information
- Military or Veteran Status
- Military or Veteran Status
- Age (40 and older)
Because it is difficult to determine whether workplace discrimination has occurred, hiring an employment attorney is beneficial to help you file your claim.
Sexual Harassment
Sexual harassment in the workplace is a type of discrimination that violates California’s Fair Employment and Housing Act. Sexual harassment encompasses actions based on an employee’s sex that create a hostile or intimidating work environment. This includes unwelcome sexual advances or physical, verbal, or visual conduct of a sexual nature. A wide range of actions are included in California, so speaking with an attorney can help you determine if the actions constitute sexual harassment.
When the sexual harassment continues, a hostile work environment is created. There should be no tolerance for sexual harassment within a place of employment. If you have been a victim of this kind of harassment, report it immediately.
Unpaid Wages
After spending valuable time working for your employer, you rightfully expect a paycheck. If you do not receive payment for hours worked or overtime, have an unpaid meal and rest breaks, or did not receive payment after leaving a position, you may have a valid unpaid wages claim. For those working in hospitality, unpaid tips also qualify as unpaid wages.
Wage violations, or wage theft, are often a problem for jobs such as waiters/waitresses, food delivery drivers, mortgage brokers, delivery truck drivers, sales agents, IT workers, and call center agents. If you believe you have unpaid wages or are in a wage dispute with your employer, it is recommended that you contact an employment attorney.
Wrongful Termination
When an employer terminates an employee for illegal reasons, wrongful termination has taken place. These illegal reasons include reporting discrimination or retaliation. If you have been terminated, you may feel that it was for unfair reasons. Seeking legal counsel from a knowledgeable employment attorney can help you determine if you were wrongfully terminated.
Health and Safety Violations
In accordance with labor code laws and the California Occupational Safety and Health Act of 1973, employees are protected from being terminated for filing complaints due to unsafe and unhealthy working conditions in the workplace. Employees have a right to a safe working environment, and the employer is responsible for providing this for them. If an employer fails to do this, they are violating Cal/OSHA regulations.
Family Leave (FMLA)
Under both federal and state law, California employees are entitled to position-protected leave from their jobs if they fall within the qualifying conditions. The California Family Rights Act (CFRA) and the Family Medical Leave Act (FMLA) both state that qualifying employees are entitled to this leave without worry that they will be terminated while using the leave. Additionally, California’s Pregnancy Disability Leave (PDL) allows pregnant employees reasonable accommodations when possible and job-protected leave.
Unfortunately, some employers will deny their employees this protected leave or terminate them if they choose to take the leave. An employer that does not provide leave time is breaking the law. If you have been denied family leave or maternity leave, consult with an employment lawyer.
Whistleblower Protection
A whistleblower is someone who exposes a company’s illegal activity. In some cases, whistleblowers will alert the media of this misconduct. When this is discovered by the employer, the employee is often retaliated against and terminated. Whistleblowers are legally protected from retaliatory firing.
An employment law attorney can help protect whistleblowers from these illegal consequences while still encouraging them to continue speaking out against their employer.
Retaliation
When an employee files an employment law claim against their employer, they may be afraid of suffering negative consequences. According to employment law, workplace retaliation is not legal. This means that an employer may not retaliate against their employees for actions like filing a wage claim, reporting an employer’s illegal pursuits, refusing to participate in illegal pursuits, or filing complaints for toxic working conditions.
If you have experienced retaliatory consequences from your employer, you likely have cause to file a claim.
How to Fight for Your Rights
The first step to fighting for your rights as an employee and filing a claim is to gather any and all evidence that you can. This includes text messages, emails, or memos that support your claim. For example, if you are being sexually harassed, you should document each incident when it is fresh in your mind. It is also wise to document anyone who was a witness to the behavior. Any evidence, whether big or small, can make a difference in your case.
After you have gathered evidence, consult with an employment attorney. They will help guide you through the legal process and provide litigation defense for your case.
Don’t wait too long to start the process of filing your claim. While there are laws in place to protect your rights as an employee, that protection will only last for a certain amount of time. This is why it is essential to seek legal assistance as soon as you believe you have been wronged by your employer.
How an Employment Lawyer Can Help You
While it is possible to file an employment law claim on your own, it can become confusing and overwhelming. Having an employment lawyer on your side is very beneficial, as they can serve as a voice for those who don’t have a platform. As employers have more money, power, influence, and resources, having an employment lawyer to stand by your side evens the resources.
Those workers who are still working for the employer they are filing against may be experiencing a lot of pressure or other negative consequences. For example, an employee filing a worker’s compensation claim may be experiencing pressure from their employer or even from the insurance company. Unfortunately, this employee is still suffering from the injury sustained while on the job.
In this circumstance, an employment lawyer can make sure that the rights of the employee are not violated. They can also negotiate with the insurance company for fair compensation on the employee’s behalf.
Employment Law FAQs
Q: Can My Employer Force Me to Work Through Meals or Rest Breaks in California?
A: No, your employer cannot force you to work through meals or rest breaks in California. For employees who qualify, California employers must allow thirty minutes for workers who have been working at least five hours per day. Employers are also required to allow for one rest break per four hours worked. All breaks are to be paid. In the event that breaks are not paid, the employee has a right to file a claim.
Q: What Are Common California Labor Law Violations?
A: There are several common California labor law violations. Some of them include failure to pay for overtime hours, not paying minimum wage, not paying employees in a timely manner, or failing to reimburse for business expenses. If an employer violates wage laws, they are responsible for making the employee whole. Depending on the labor code laws, some employers may also have to pay fines.
Q: What Is Considered Wrongful Termination in California?
A: Wrongful termination in California is the firing of an employee by the employer for illegal reasons. This also includes an employee being fired for practicing a legally protected right. Some common wrongful termination examples are an employee’s disability, if the employee is pregnant, or the employee’s age.
Q: Can I File a Claim for Being Fired in California?
A: Yes, you can file a claim for being fired in California if you believe that you have been wrongfully terminated. To begin filing a claim for wrongful termination, you need to gather evidence to prove that your previous employer has violated labor laws in firing you. This can be especially difficult to do if you were hired “at will.” Speaking with an employment lawyer can help you determine if you have grounds for a wrongful termination case.
Consult With a San Clemente Employment Lawyer
With all the labor and employment laws in place in California, employees should be protected. However, while these laws are important, they can also be difficult to navigate. Some employers will take advantage of their complexity in hopes that you do not realize that your rights have been violated.
If you have been wronged by your employer, you deserve justice. Consult with a San Clemente employment lawyer for help receiving the compensation you are owed. Contact Ferraro Vega San Diego Employment Lawyers to fight for your case.