As an employee who spends most of their life at their job, you deserve to be treated with respect. Therefore, every employee in Newport Beach, California has rights that protect them from being mistreated in the workplace. Whether your employer has created a hostile work environment, or has consistently underpaid you, unfair treatment is a violation of your rights as an employee. If you are being harassed, discriminated against, or treated poorly in your place of work, finding an experienced attorney, like one of ours at California Employment Counsel, APC, can help you fight for the proper treatment you deserve.
Employment law issues are complex. At California Employment Counsel, APC, we are committed to working through these issues and protecting the rights of all California employees in the workplace. With decades of experience between our expert attorneys, and a compassionate and thorough approach to every case, our team is prepared to represent you and your unique situation the best we can. Let us help you fight mistreatment in the workplace and see how our team can help with your employment law claim today.
Employment law is a specific area of the law that focuses on the rights and protections of employees at work. There are both federal and state laws that grant protections to California employees that must be upheld by employers; otherwise, they are violating the law as well as their employees’ rights. Some of the laws that protect employees in California include:
- The California Fair Employment and Housing Act (FEHA): protects employees against discrimination, harassment, and retaliation from their employer.
- The California Labor Code: protects employees from discrimination, harassment, and retaliation in any form, as well as granting them the right to be paid fair wages for their work and be able to take time off.
- The California Family and Medical Leave Act (FMLA): provides employees the right to take unpaid time off work with job protection for matters such as health issues, to care for a sick loved one, or to bond with a new child.
- Title VII of the Civil Rights Act: protects employees and those applying for jobs from discrimination based on religion, color, race, national origin, or sex.
Through these federal and state laws, employees are granted:
- The right to a safe workplace that is free from any dangerous conditions that could potentially cause injury or illness to an employee.
- The right to a workplace without harassment or discrimination based on protected characteristics.
- The right to file a claim against their employer and not be retaliated against if their rights are violated.
- The right to be paid fair wages for their job, including overtime when eligible.
- The right to take time off in eligible circumstances.
- The right to have protection against wrongful termination.
No matter what kind of employment law violation you may be facing, our Newport Beach labor lawyers can work with you to protect your rights and make sure that your voice is heard. We handle a variety of employment law cases:
Discrimination in the workplace is an unacceptable behavior. Unfortunately, it is still present in many employees’ day-to-day lives. Because of its historical prevalence, multiple forms of legislation have been implemented over the years to help better protect employees. The California Labor Code, the FEHA, and the Civil Rights Act all protect employees from being discriminated against based on:
- National Origin
- Gender Identity
- Sexual Orientation
- Medical Issues
- Military Status
- Genetic Information
- Marital Status
California categorizes harassment into two main areas: “quid pro quo” harassment and hostile work environment harassment. Quid pro quo is one of the most common forms of harassment in the workplace. It takes place when an individual with authority, such as a supervisor or boss, mentions, hints at, or asks an employee for sexual activity with the promise of some form of benefit, such as a promotion. Hostile work environment harassment is a form of harassment that happens when an individual in power makes an employee feel uncomfortable or unsafe in the workplace. This can be through bullying, inappropriate remarks or touching, or even physical harassment.
While an employer does not have to justify why they fire an employee in California, employees are protected from wrongful termination. This means that an employer cannot fire you as a form of discrimination or retaliation. Termination based solely on your protected traits also qualifies. Our attorneys are familiar with the law surrounding wrongful termination and can help determine whether you were fired legally.
Family and Medical Leave Violations
Through the FMLA, all employees have the right to take unpaid, job-protected leave from work for certain medical circumstances. If an employer fires you, does not give you the same job or an equal position, or changes your pay when you return from your leave, our attorneys can help you file a claim immediately.
Every employee also has the right to be paid fair wages for the duties that they perform. Because of this, it is illegal to underpay employees or deny overtime to eligible workers. If you believe that your employer is violating your right to be paid properly, our attorneys can use their knowledge of the law and experience to ensure that they are held accountable.
At California Employment Counsel, APC, we are dedicated to fighting for the rights of employees across California. We understand just how difficult it can be to work in a place where you are mistreated and uncomfortable, which is why we are committed to holding employers accountable for their actions. If you are being treated poorly at your place of work, do not wait to find professional legal assistance that you can trust, like us here at California Employment Counsel, APC. To learn more about our employment law services and how we may be able to help your case, contact us today.