California enjoys a unique reputation for its worker-friendly state labor laws and efforts to safeguard employee rights. However, not all employers follow the law.
If you’ve experienced unfair treatment on the job, our San Bernardino employment lawyers at LA Century Law may be able to help. Whether you’re finding it difficult to resolve an issue at work or have undergone a wrongful termination, our attorneys can review your circumstances and make knowledgeable recommendations.
How Our Employment Lawyers Can Help
A thorough analysis of the details is an important first step in remedying an employment problem. An experienced employment lawyer will know which laws apply to your specific situation. If your employer did not follow the applicable laws and violated your rights, one of our attorneys could help you and your employer work things out.
If you suffered financial harm through an unlawful firing, you could learn about the options to recover your loss of income. In some cases, an employer may not have known that certain issues violated state or federal labor laws. If so, we can explain the related statutes to your employer and outline the appropriate steps to remedy the problem.
Working with an employment lawyer helps level the playing field. With one of our experienced San Bernardino employment lawyers at your side, you could find yourself in a much better position to present your complaint and resolve the issue at hand.
Workers’ rights under California labor laws
California’s state laws grant workers a variety of rights. For instance, while employers in other states typically give their employees few leave of absence types, California requires employers to provide more than 20 types. This does not guarantee, however, that all employers follow the state employment laws or are fully aware of them.
Is California an “At-Will” Employment State?
Although California is one of the 49 states where employment is legally “at will” and continued employment is not guaranteed, unlawful terminations can still occur. When a termination does not reflect poor performance, employee downsizing or a business closure, an employer may have violated the law. In addition to incurring fines, the employer may face a requirement to compensate an unlawfully discharged employee for lost wages.
Federal and state laws protect your right to report issues that make it hard to do your job. If an employer fires you after you have made complaints about workplace conditions, it could qualify as a wrongful termination. If you believe you experienced a wrongful termination, you can learn more about recovering lost income by contacting one of our San Bernardino employment lawyers.
What Makes a Termination Unlawful in California?
Unlawful terminations include those based on:
- Discrimination: An employer fires an employee based on race, gender, age, or disability.
- Retaliation: State and federal employment laws forbid firing employees in retaliation for reporting labor violations or other illegal activities.
- Hostile work environment: If an employer allows an intolerable environment to develop as a way to persuade you to quit, the tactic could qualify as a “constructive discharge” rather than a voluntary resignation.
In addition to termination, retaliation can appear in other forms, for example, a demotion, work-schedule changes or undesirable work assignments. Get in touch with one of our employment law attorneys in San Bernardino if you think your employer’s intent was for you to quit your job.
Wage Violation and Future Employment Issues
Wage issues are not uncommon reasons for employees to seek legal help. California’s wage-based labor laws are very strict. They also apply to companies located in other states that have employees who live and work in the Golden State. Issues such as employers trading “comp time” for overtime pay could prove illegal. Although some states allow employers to compensate workers with time off in exchange for working overtime, the practice is illegal in California unless an employee submits a written request for it.
Off-the-clock work
Off-the-clock work is another wage violation that employers easily fall into willingly or unknowingly. Employers may, for example, require employees to set up their workstations before clocking in or ask them to run a work-related errand after clocking out. In some cases, employees may undergo a security check before they exit the workplace after they clock out.
Noncompete agreements
If you signed a noncompete agreement at your current job, it prevents you from following up on a future career opportunity with one of your current employer’s competitors. California is, however, one of the few states in which noncompete agreements often prove to be non-binding after a legal review.
What Compensation Can You Get From a Successful Case?
Economic damages include the income you lost as a result of your employer’s labor law violation. The court may calculate both past and future earnings that you would have received but for your employer’s misconduct. For a wrongful termination, the court may award relief based on the value of money and benefits you would have received from the day of termination up until your lawsuit.
Remedying a Misclassification
Many businesses keep labor costs down by bringing on independent contractors. Sometimes called gig workers, freelancers or 1099 workers, independent contractors are exempt from benefits and certain employment-related taxes. If this represents your current arrangement, you may need to find out if a misclassification exists. Under certain conditions, the court may classify you as an “employee” and award you the same pay and benefits they are entitled to.
Court-Mandated Hire-Backs
In some cases, the court may order employers to hire back their terminated employees or offer them the higher positions that they applied for but did not get promoted to. Compensation may include the difference between what you earned in your former position and what you would have earned if your employer had promoted you.
Request a Free Consultation With One of Our San Bernardino Employment Lawyers
There’s no need to remain uncertain if you suspect an employer has violated any federal or California labor laws. You needn’t relinquish your right to fair treatment to keep your job. Our San Bernardino employment lawyers provide free consultations. Contact us 24/7 to arrange for a no-fee review of your employment issue.
