Temecula Employment Lawyer
Temecula Employment Attorney
California has enacted significant legislation to provide certain rights to as many California workers as possible. The result has been some of the most worker-friendly labor laws in the entire country. California’s labor laws help workers who are being taken advantage of by employers who may seek to manipulate them. Holding your employer accountable for their actions is a big decision, and a Temecula employment lawyer can help you work out a plan.
How an Employment Lawyer Can Aid You
When you hire an employment lawyer, you are likely seeking advice or assistance with bringing legal action against your employer for something they did to manipulate, gaslight, or otherwise take advantage of you. An employment lawyer’s main goal is to protect their clients’ rights from employers who are trying to infringe upon those rights. When you’re at work, you shouldn’t have to worry about what your employer might try to do to you. An employment lawyer can protect your rights and defend your interests in Temecula, CA.
You may not be totally aware of all the rights afforded to you under California’s labor laws. Some employers may seek to take advantage of that unawareness by trying to convince you that you are worth less than you really are. If you ever start growing concerned that your employer is infringing upon your rights, you should consider bringing your concerns to an employment lawyer. They can figure out if you have a strong case and make you aware of your rights.
It is essential for maintaining a strong work/life balance, as well as your ongoing mental health, that your workplace be a safe environment. If you are constantly dealing with disrespect, gaslighting, bullying, and threats, you may be working in a hostile work environment. To maintain a productive work environment and recognize your own worth, you need to be aware of your rights as a California worker and be willing to stand up for them when the time comes.
It can be difficult to recognize potential situations as they arise unless you know what to look for. Here are a number of possible situations that could require the assistance of an experienced employment lawyer to fully resolve:
Meal and Rest Breaks
California state law requires that all qualifying employees be offered the opportunity to take rest breaks. They must also be provided with an unpaid meal break of at least 30 minutes if they have been working for five hours. It is illegal for employers not to provide these breaks to employees who qualify for them. Every employee needs at least a minimal amount of rest time to be fully productive. Not providing that time is counterintuitive to production.
If your employer is blatantly refusing to allow their employees to rest or refusing to give them a lunch break, you should consider bringing your concerns to an employment lawyer. They can fill you in on the strength of your case and guide you on how to develop it further.
Workplace Discrimination
It is a federal crime to discriminate against an employee or coworker because of their protected class. The Equal Employment Opportunity Commission (EEOC) has worked to make this behavior illegal and punishable with significant penalties. If you have been discriminated against in the workplace and your employer did nothing to prevent it, they could be found liable for damages.
It is illegal to discriminate against somebody in the workplace because of their:
- Age
- Race
- Skin color
- Disability
- Sexual orientation
- Gender identity
- Religion
- National origin
- Pregnancy
- Ancestry
Doing so could open your employer up to significant legal action. If you have been discriminated against or have witnessed such discrimination, you should bring your case to an employment lawyer who can strengthen it.
Overtime Violations
Ethics Investigations
Disability Discrimination
Both state and federal law prohibit the discrimination of employees or potential employees based on whether they have a disability. This even counts during interviews. If your employer interviews a qualified applicant who has a disability, they cannot deny them employment based solely on their disability. If the disabled employee already works there, they must be provided with reasonable accommodations.
If an employee who has a disability comes to their supervisor and requests certain accommodations that can help make their job performance easier, the employer must honor their request within reason. Such reasonable accommodations could include:
- A modified work schedule
- Flexibility regarding breaks
- Replacement office furniture
- Additional work training
- A move to a less demanding department
Family and Medical Leave
The federal Family and Medical Leave Act (FMLA), as well as the California Family Rights Act (CFRA), allow qualifying employees to take a certain amount of unpaid medical leave to sort out personal medical issues or help family members with medical issues. These can include:
- Recovering from illness
- Helping a family member recover from an illness
- Having a baby
- Bonding with a newly adopted child
If you qualify for this leave, it is your right to take it whenever you want, provided you give your employer enough notice and have not already exhausted it. If your employer refuses to allow you to leave or threatens your job to stop you, you may have significant grounds for legal action against your employer. You may want to reach out to an employment lawyer to see what your options are.
Wrongful Termination
Since California is an at-will employment state, your employer does not need any cause to fire you. They can simply let you go whenever they wish. Granted, there are several situations where firing you would open your employer up to legal action. For example, if firing you were to breach your employment contract, that could be considered a case of wrongful termination.
Additionally, your employer cannot fire you for blowing the whistle on poor behavior or illegal activity happening within the company. That would be considered retaliation, and you could bring legal action against them for it. If you may have been wrongfully terminated, bring your concerns to an employment lawyer who can build your case.
FAQs
Q: Should I Quit My Job If I’m Pursuing a Case Against My Employer?
A: Generally, you shouldn’t quit your job if you are pursuing legal action against your employer. Once it is over, the source of your case may be gone, and you might still have a job. Unless your working environment has gotten so hostile that you simply cannot continue for the sake of your mental health, you shouldn’t quit your job while pursuing a case. Quitting could even weaken your position and limit your compensation package.
Q: What Are Two Examples of Unfair Treatment in the Workplace?
A: There are many examples of unfair treatment in the workplace. Two examples include:
- Two employees being paid differently for the same work
- One employee being passed over due to their protected class instead of their qualifications
Those are just two examples, but unfair treatment happens in the workplace all the time. Recognizing these moments can enable you to change your work environment for the better.
Q: What Can I Do If My Employer Is Treating Me Unfairly?
A: If your employer is treating you unfairly, there are many different things you can do. First, you should start documenting the treatment so there is a physical record of everything that is being done to you. From there, you should consider bringing your concerns to your company’s HR department and lodging a formal complaint with the EEOC. At that point, you should speak with an employment lawyer who can help you establish a case against your employer.
Q: How Do I Talk to HR About Unfair Treatment?
A: Bringing your concerns to HR can be an overwhelming decision to make. You may feel that going to HR and complaining might get you fired. Legally, that shouldn’t be the case. When you go to HR to report mistreatment, make sure you have plenty of evidence that supports your case. Be consistently professional, and remember that you have done nothing wrong. You are simply doing the right thing by reporting unfair treatment.
Reach Out Today
At Diefer Law Group, P.C., we understand your concerns, and we are prepared to help you bring a legal claim against your employer. We can develop your case, gather evidence, and make sure you aren’t taken advantage of further by your employer. Contact us today to schedule a consultation as soon as you can.
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