La Cañada Employment Lawyer

La Cañada Employment Attorney

Employment Law in California

The state of California has created several laws to protect its employees from violations, ranging from discrimination to sexual harassment to having the right to take certain breaks. These laws cover various types of workplace discrimination to ensure justice and equality.  The DFEH upholds these laws so that both employees and employers are clear about what is expected of them.

Here are some of the most common areas surrounding employment law in California:

• Anti-Discrimination – Anti-discrimination laws prohibit employers from discriminating against their employees based on characteristics such as race, sex, citizenship status, pregnancy, or religion. If you are a protected class and face discrimination, you can make a claim against your employer and receive justice.
• Retaliation – It is illegal for an employer to retaliate against their employee for engaging in a protection action. Protected actions can include taking time off for jury duty, reporting discrimination or sexual harassment, or taking time off to obtain relief from a serious personal issue. Retaliation involves any adverse action such as termination, non-selection, or non-promotion.
• Sexual Harassment – A common rights violation, sexual harassment can include quid pro quo behaviors or a hostile work environment. Quid pro quo involves a superior exchanging significant work benefits for sexual favors.

On the other hand, a hostile work environment may not involve direct interaction but can include sexual actions so severe that it undermines an employee’s ability to perform their work duties, i.e., your boss makes sexual jokes, or one of your fellow employees uses their computer to watch pornography. Understanding how to prove sexual harassment in the workplace is critical in such cases, as evidence like documented incidents, witness statements, or electronic communications can support your claim.

• The Right to Privacy – In California, all employees have the right to privacy. This includes some drug testing requirements, protection against eavesdropping, and the right to know how their important data will be used.
• Reasonable Accommodations – Reasonable accommodations exist so employees with physical disabilities can effectively perform their jobs. If your employer refuses to accommodate you with proper equipment or a flexible schedule, you may have grounds to file a claim.
• PTO and Vacation – Not all employers are required to offer vacation time, but employees typically are informed of their company’s PTO and vacation policies upon being hired. The company must adhere to their outlined policies. In California, earned vacation time is considered wages and cannot be forfeited. Furthermore, employees have the right to take off work for jury duty or to appear in court without penalty.
• Pregnancy and Parental Leave – California has a new Parent Leave Act, which provides parents more time to bond with their newborn child. For instance, employers must provide new parents with 12 weeks of unpaid, job-protected leave to bond with their child, and mothers may receive more time with FMLA.
• Personal Injury – If you are injured at work, your employer should pay you worker’s compensation. If this doesn’t happen, you may have grounds to file a claim.
• Unemployment Benefits – In La, Cañada , If you are terminated or laid off by your employer, you have the right to receive unemployment benefits. Denying or refusing to pay these benefits is a violation of your rights.

FAQs

How Much Does an Employment Lawyer Cost in California?

The cost of an employment lawyer in California depends on several factors. First, lawyers in California can work based on an hourly rate or a contingency fee, which means they only get paid if they win. Hourly rates vary depending on the complexity of the case, the lawyer’s experience, and the location of the firm. Another factor to consider is whether or not your case gets settled out of court or goes to trial. This can considerably increase the costs.

How Do I Get Free Advice About California Labor Law?

Obtaining free advice from California labor law is not guaranteed, so hiring a lawyer may be a better option. However, if you are looking for general information, you can visit a California government website that focuses on labor laws. These websites not only detail the actual labor laws but can direct you to the right department for your case.

What Are My Rights as an Employee in California?

As an employee in California, you have several rights. California is a state that is protective of employees, whether it involves fair wages, breaks, meal times, time off, and protected class rights. You also have the right to file a claim if you believe your employer has broken an employment law or if your employer attempts to retaliate after asserting a protected action.

Can I File a Claim Against My Employer in California?

Yes, you can file a claim against your employer in California. If your employer violates your rights, you can obtain a right-to-sue letter from California’s Department of Fair Employment and Housing (DFEH). Hiring an experienced lawyer, like Maralle Messrelian at MM Law, can save you a lot of time and headaches when proceeding with your claim.

Contact MM Law, APC Today for Expert Employment Law Defense

As an employee, you should be able to rest easy knowing that your employer will respect your rights and treat you fairly. Facing rights violations like discrimination or sexual harassment can have long-term and devastating effects, so it is important that you have someone on your side fighting for justice.

Maralle Messrelian at MM Law can handle your case with compassion and empathy, ensuring your voice is heard. Contact our team today to learn more about how we can help you with your employment law case.