Costa Mesa Employment Lawyer
Costa Mesa Employment Attorney
California has some of the strongest labor laws in the entire country. These labor laws generally tend to favor the employee over the employer, and they provide employees who are being taken advantage of with avenues they can use to hold their manipulative employers accountable for their actions. Workers in California are afforded certain rights that cannot be infringed upon by employers without legal consequences. If your employer attempts to do so anyway, a Costa Mesa employment lawyer from Diefer Law Group, P.C can defend and advocate for your rights.
How Can an Employment Lawyer Protect You?
A California employment lawyer’s primary goal is to protect their clients’ rights from employers who may be trying to take advantage of them and their possible lack of awareness of those rights. When you’re at work trying to do a job, the last thing you should have to worry about is whether your boss is denying you certain rights. An employment lawyer helps their clients handle legal matters involving their jobs, their workplaces, and their rights under the law.
Certain employers may attempt to use a potential lack of knowledge of your rights to their advantage. Some may gaslight employees into believing they are worth less than they are. If you ever become concerned that your employer is infringing upon your workers’ rights and taking advantage of you, you should bring your concerns to an employment lawyer. They can determine if you have a strong case. An employment lawyer can also inform you of your rights.
It is vital to your mental health and your work/life balance that you continue to work in a productive work environment. One of the most effective ways to maintain a productive work environment is to understand your rights as a California worker and stand up for them whenever your employer tries to take advantage of you for their own benefit. It can be difficult to recognize these potential situations without really knowing what you are looking for.
Here are some possible situations that could happen in your workplace. These often require the assistance of an employment lawyer to fully resolve:
Rest Breaks and Meal Breaks
Workplace Discrimination
It remains a federal crime to discriminate against an employee in the workplace by singling out their protected class. This behavior is federally prohibited by the Equal Employment Opportunity Commission (EEOC) and could result in significant legal action against your employer. Nevertheless, you may want to consider building a strong case before accusing your employer of workplace discrimination.
You should reach out to an employment lawyer if you have been discriminated against because of your:
- Age
- Race
- Skin color
- Gender identity
- Disability
- Sexual orientation
- Ancestry
- Pregnancy
- Religion
- National origin
In these cases, you may have considerable grounds for legal action. Before pursuing a claim, you may want to speak with your supervisor or HR department. If that accomplishes nothing, then file a complaint with the EEOC. An attorney can guide you through these processes.
Ethics Investigations
Overtime Violations
Disability Discrimination
It is prohibited by both state and federal law to discriminate against anybody in the workplace based solely on whether they have a disability. When your employer is attempting to hire somebody, they cannot reject a qualified applicant just because they have a physical or mental disability. If a disabled employee already works for the company, your employer has to provide them with reasonable accommodations.
If an employee with a disability requests certain accommodations to make their work life a little easier, the employer has to honor these requests if they are considered reasonable. Examples of reasonable accommodations include:
- Flexible break times
- Modified work schedules
- Comfortable furniture
- Additional work training
- A move to a different, less demanding department
If your employer refuses to accommodate, they could risk legal action.
Family and Medical Leave
The federal Family and Medical Leave Act (FMLA), and the California Family Rights Act (CFRA) both allow qualifying employees to take a certain amount of unpaid leave to deal with emergency medical situations. These can include:
- Recovering from an illness
- Helping a family member recover from an illness
- Taking parental leave to have a baby or bond with an adopted child
If you qualify for it, this leave is owed to you by federal and state law. Your employer generally cannot refuse to let you take it if you haven’t already used it and you provide enough notice. If your employer won’t let you leave or threatens your job if you do, you may have grounds for considerable legal action against your employer. An employment lawyer can help you figure out your next steps.
Wrongful Termination
Since California is an at-will employment state, your employer does not need to provide you with notice or even a reason if they fire you. They can legally do so whenever they feel like it. Even so, there are a number of important exceptions that could open your employer up to a wrongful termination claim. For example, if firing you would breach your employment contract, it could be considered wrongful.
Your employer cannot fire you in response to something you did that made the company look bad, such as reporting harassment or blowing the whistle on other illegal behavior. That would be considered retaliation. If you may have been wrongfully terminated from your company, reach out to an employment lawyer to start building a case.
FAQs
Q: Can I Bring Legal Action for Harassment Against My Employer, Even If I Quit?
A: Yes, in California, you can bring legal action against your employer, even if you quit. You would still need to prove how the working conditions at your old job constituted a hostile work environment if you are trying to bring a harassment claim. Essentially, you can claim a charge of “constructive discharge,” which means the environment was so bad and intolerable that you were forced to resign.
Q: What Is the Fair Employment and Housing Act in California?
A: The Fair Employment and Housing Act (FEHA) in California is a statewide piece of legislation that prohibits workplace and housing discrimination based on protected classes, such as race, age, gender, skin color, etc. It was signed into law with the intention of protecting certain individuals from being discriminated against when applying for jobs or rental properties. It keeps employers and landlords from mistreating people based on their inherent characteristics.
Q: What Are Some Signs of a Hostile Work Environment?
A: It is important to recognize signs of a hostile work environment in case you find yourself working in one. Some signs of a hostile work environment include:
- Encouraging competition among workers
- Total lack of respecting boundaries
- Bullying
- Lack of support, growth, or confidence among workers
- Total lack of communication
- Constant feelings of anxiety brought on by your workplace
- High turnover rates
Q: Should I Tell My Employer I’m Pursuing Legal Action?
A: Yes, you should tell your employer that you plan to take legal action against them for their behavior. Make sure you have already spoken with an employment lawyer and devised a strategy before informing your employer. Be sure to communicate your intentions politely but firmly. If your lawyer advises you to say nothing, you may want to wait until your lawyer tells you it’s okay to speak to your employer.
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