Employment Law

‍What is Employment At Will?

According to California law, employment is deemed as at will. What "At Will" means is that an employee and an employer may terminate employment without notice or cause. There are benefits of employment at will, such as a flexible working environment, however, the downfalls arrive when it comes to wrongful termination cases.

Due to employment at will, the burden of proof is placed on the employee. If you feel as though you were a victim of wrongful termination, it is crucial that you understand what both state and federal laws consider wrongful termination. Wrongful termination can come in many forms, and employees need to understand their rights when it comes to this. Under California law, wrongful termination occurs when an employer terminates an employee based on discrimination or breach of contract.

In the case of discrimination, employers cannot fire someone due to race, religion, age, gender identity, or sexual orientation. Breach of contract occurs if the employer fails to uphold a verbal or written agreement with the employee. If you are seeking legal action against your former employer, you must contact a knowledgeable attorney who specializes in employment law and wrongful termination cases as soon as possible. It is also important to collect evidence that will support your claim of wrongful termination so that you will be able to present a strong case against your former employer.

This includes any emails, contracts, or documents that may have been signed between you and the employer, as well as any witnesses who can attest to the wrongful termination. If you are successful in your claim of wrongful termination, you may be entitled to receive back pay, damages for emotional distress, and other benefits that were not received due to the wrongful firing. It is important to note however that in some cases an employee’s compensation after being wrongfully terminated may be limited due to California’s employment-at-will laws.

Remember, if you feel that you have been wrongfully terminated it is important to act fast and contact an experienced attorney right away. Understanding the laws regarding wrongful termination can be complex and having a knowledgeable legal representative on your side can make all the difference. With the right resources, you can ensure that justice is served in your case.

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Wrongful Termination

Do you feel as though your employment was unlawfully terminated? In the state of California, an employee is protected from wrongful termination through the California Fair Employment and Housing Act (FEHA).

Although employment is at will in the state of California if the rights granted to you by FEHA are violated, meaning you were let go because of discrimination, harassment, or retaliation, then there are legal remedies available to you. The topic of wrongful termination is difficult in the state of California, however, there are still legal remedies available to those unlawfully subjected to it. Reach out to our team today to understand the action you can take today.

Wrongful termination happens when an employee is fired in violation of public policy or their employer's policies. There are a variety of statutes and laws that protect Californian employees from this type of behavior. The California Fair Employment and Housing Act (FEHA) is one such law that protects employees against discrimination, harassment, and retaliation in the workplace. This means if you feel as though your employment was unlawfully terminated due to any of these reasons then you may have legal remedies available to you.

Although California is an at-will state, meaning employers can terminate employees without cause or warning, they cannot fire someone for illegal reasons such as discriminatory practices or retaliation for asserting rights under the FEHA. If an employee believes they were wrongfully terminated, they should contact an experienced wrongful termination attorney to discuss their potential case. A wrongful termination lawyer will review the facts and advise on whether there are legal remedies available. It is important to act quickly as a claim must be filed within one year of the termination in most cases.

If you believe your employment was unlawfully terminated due to discrimination, harassment, or retaliation then you may have legal remedies available under the FEHA. An experienced wrongful termination attorney can help assess the situation and determine if a valid case exists for filing a suit against your employer. Don't wait too long as claims must generally be filed within one year of the date of termination. If you're unsure about your rights and options after an illegal dismissal, it's important to speak with a lawyer who can provide advice and direction.

Remember, the California Fair Employment and Housing Act (FEHA) is designed to protect employees from wrongful termination due to discrimination, harassment, or retaliation. If you feel that your rights under this law have been violated, then there may be legal remedies available to you. An experienced attorney specializing in wrongful termination cases will be able to assess your situation and advise whether legal action is warranted.

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Discrimination

The California Fair Employment and Housing Act (FEHA) makes it illegal to discriminate against a person based on their race, ancestry, color, religion, sex, age (40 and above), disability, medical condition (including HIV/AIDS), marital status, sexual orientation, gender identity or expression. It covers all aspects of employment including hiring practices, job assignments, and promotions.

California employers are also responsible for providing a safe working environment free from harassment. Harassment is defined as unwelcome verbal or physical conduct that is based on any of the categories listed above when such behavior unreasonably interferes with an individual’s work performance or creates a hostile work environment. Employers in California must make sure to investigate any reports of discrimination and harassment promptly and take action to address any issues.

Additionally, California has strict rules on wages, hours, and reasonable break times for employees. Employers must pay their employees minimum wage, overtime for hours worked over 40 in a workweek (Monday through Sunday), and provide breaks that are at least 10 minutes for every 4 hours of work time. Employees also have the right to be free from retaliation if they report any violations of labor laws or file a complaint against an employer.

By following the guidelines set forth by the FEHA and other relevant regulations, employers in California can ensure that they are providing fair treatment to all their workers without engaging in discriminatory practices. It is important to stay informed about the latest developments in employment law to ensure that your business is compliant with all applicable regulations.

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Under the Federal Employment and Housing Act (FEHA), discrimination is illegal when it violates a protected class. The protected classes are, but are not limited to:

• Gender
• Sex
• Sexual Orientation
• Race
• Nation of Origin
• Age
• Religion
• Pregnancy
• Marital Status
• Military or Veteran Status

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The Federal Employment and Housing Act (FEHA) protects individuals in California from discrimination based on certain protected classes. Examples of these classes include but are not limited to gender, sex, sexual orientation, race, nation of origin, age, religion, pregnancy status, marital status, and military or veteran status. Employers are prohibited from discriminating against individuals who fall into any one of the categories when making hiring decisions or setting terms and conditions for employment. Additionally, landlords cannot refuse to rent an apartment to someone because they belong to a protected class.

If you believe that you have been discriminated against due to your membership in a protected class recognized under FEHA laws, you must seek legal advice as soon as possible so that your rights can be protected. With the help of a knowledgeable attorney, you can fight back against discrimination and seek justice for yourself and others who have experienced similar injustices.

Harassment

Workplace harassment is completely unacceptable and often causes individuals to feel unsafe at work. According to the California Fair Employment and Housing Act, harassment is defined as any unwelcome behavior, whether pervasive or severe, that specifically targets an individual or group of individuals that are part of a protected class.

Hostile work environment harassment involves a situation where an employee is subjected to unwelcome behavior from other people such as employers, supervisors, or coworkers that creates an intimidating, hostile, or offensive work environment. This type of harassment can be based on the employee's age, race, gender, sexual orientation, disability, and other characteristics included in California’s list of protected classes. It is important to note that the behavior doesn't need to be directed at the individual but instead only needs to cause them distress.

Quid pro quo harassment involves when someone in a position of power threatens or implies rewards or punishments based on whether an employee complies with their demands. An example would be if a supervisor says they will give you a promotion if you agree to a date. This type of harassment is especially damaging as it puts people in an unfair position where they are forced to make difficult decisions, and if the individual refuses they risk their career.

No employee should ever have to deal with workplace harassment and employers must take steps to ensure their employees feel safe and supported at work. Employers need to provide effective policies on what constitutes unacceptable behavior and how to report incidents so that they can be dealt with promptly. If you experience any form of harassment at work, you must reach out for help from your employer or contact your local legal aid organization.

By understanding the different types of harassment, employees can better recognize when inappropriate behavior is occurring and take the necessary steps to protect themselves. Together, we can create a safe and productive workplace where everyone is respected. Employers need to have effective policies in place so that any incidents can be dealt with swiftly and fairly. Employees must also be aware of what constitutes unacceptable behavior and know how to report it if they experience harassment in their workplace. By working together, we can create a safe, respectful, and productive environment for everyone.

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Harassment can arise in many forms, whether it is malicious or accidental, it can seriously affect the career of the individual being subjected to it. The two main types of harassment in the workplace are a hostile work environment and quid pro quo.

The details of each are outlined as, but not limited to:

• Quid Pro Quo: This is a type of sexual harassment in the workplace, it involves a supervisor offering employment benefits or threatening negative employment conditions in return for sexual favors. An example of a benefit that could be offered is monetary raise and an example of a threat could be a potential demotion.
• Hostile Work Environment: This type of harassment can either be sexual or non-sexual. A hostile work environment is a result of behavior directed at a coworker or subordinate that is abusive or pervasive in nature that causes a toxic work environment.

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Unpaid Wages

One of the most common forms of wage theft is when employers fail to pay overtime wages. If a worker has worked more than 40 hours in a workweek, they are entitled to time-and-a-half for any additional hours. Employers may try to get around this law by misclassifying workers as independent contractors or not properly tracking hours.

Another way employers can steal wages from employees is by requiring them to arrive early or stay late without paying them for the extra time. This includes mandatory meetings and training that occur outside of normal working hours. It's important to note that employers cannot withhold earned wages as discipline or punishment, even if it’s part of an employment agreement.

It's also illegal for employers to make deductions from an employee's wages that are not allowed by law or authorized in writing. This includes deductions for damaged items or supplies, cash shortages, and unreturned equipment. Additionally, employers must provide employees with a proper wage statement detailing their gross pay, total hours worked, and any withholdings or deductions made.

Employees who have experienced wage theft should consult the appropriate state labor department or contact a lawyer so they can take legal action to recover lost wages. It is important to document all instances of wage theft to ensure you have the necessary evidence needed to prove your case. If an employer fails to respond adequately, you may be able to bring a lawsuit against them as well as hold them accountable under various federal and state laws.

Employers should also be aware of their obligations and comply with applicable state and federal labor laws. This includes properly tracking hours, paying overtime wages, providing accurate wage statements, and not withholding earned wages or making unauthorized deductions from an employee's pay.

Doing so will help prevent possible legal action from employees who have experienced wage theft. Workers deserve fair compensation for the work they do, and employers must take the necessary steps to ensure that they are being treated fairly under the law.

By upholding these labor regulations, employers can create a workplace environment where employees feel respected and valued. Positive work culture is essential for businesses to thrive; by taking the right steps to ensure everyone receives the proper wages, companies can maintain a productive and successful work environment.

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The three most common types of unpaid wages are unpaid overtime, violation of minimum wage, and meal and rest breaks.

• Unpaid Overtime: Federal law requires that employers pay employees for overtime hours worked at the rate of one and a half times an individual’s normal hourly pay. However, there are exemptions to overtime pay as some employees do not qualify for it. If you do not qualify for overtime pay, but feel as though you have been misclassified, reach out to our team today to learn the remedies available to you.
• Minimum Wage Violation: On the federal level the minimum wage is set at $7.25, while the state level is $12.00 per hour, which is set to rise to $15.00 by the year 2022. If you are an employee in the state of California and are being paid less than the minimum wage, then you may be entitled to monetary damages.
• Meal and Rest Breaks: All non-exempt employees working over 5 hours are owed a 30-minute meal break or two 30-minute meal breaks if 5 hours are exceeded. Often, employers will schedule workers for shifts under five hours and in this case, a 10-minute break should be offered for every four hours worked. If you have been denied these breaks by your employer, that is a serious violation of your rights as a worker and there may be legal remedies available to you.

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Am I an Employee or an Independent Contractor?

The ABC test is a set of criteria that businesses use to determine whether workers are classified as employees or independent contractors. It's important to understand the difference between the two designations because it can have a major impact on how you're paid and your eligibility for employee benefits.

Employees enjoy several perks not available to independent contractors, including health care benefits, retirement plans, social security contributions, worker’s compensation insurance, business reimbursements, and overtime wages. Employees also receive protection under labor laws in terms of their working conditions and salary expectations. On the other hand, independent contractors can take advantage of more flexibility in their work arrangements by setting their hours and workloads without direct oversight from an employer.

The ABC test is a three-part process to determine whether a worker should be classified as an employee or an independent contractor. The first criterion evaluates if the company has control and direction over the worker’s activities, such as what tasks they do, when and where they work, and how the results are achieved. The second part looks at the kind of relationship between the employer and worker, are there any benefits available, such as sick pay or vacation pay? Finally, the third criterion examines whether the job requires skills that could only be provided by one person.

By evaluating all three criteria under the ABC test, businesses can make sure that workers are properly classified to receive appropriate wages and enjoy access to important employee benefits. It's important to get these designations right, so make sure you understand your rights and responsibilities as an employee or independent contractor.

As a worker, it's up to you to make sure that you're properly classified according to the ABC test. Be sure to ask questions and do research into each situation so that you can ensure that you receive the benefits and wages appropriate for your classification. Knowing how to determine whether you fit under either category is key in terms of understanding your employment rights and privileges.

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