As an employee, your employer has several responsibilities under the law aimed at protecting your rights as well as facilitating your wellness so you can best perform the duties assigned to you. These responsibilities are vividly outlined in state and federal labor laws, and California is no different!
And it’s not a favor. You deserve to be treated respectfully and with dignity, not only because you’re a human being but also because you’re one of your employer’s biggest assets – manpower!
Oftentimes, however, employees encounter issues such as discrimination at the workplace, unfair wages, poor working conditions, harassment, and wrongful termination, among other issues. If this or something similar ever happens to you, legal counsel can come in handy as far as protecting your rights and seeking resolution are concerned.
But the big question is, when should you hire a labor attorney?
For inspiration, read on to discover some of the most common reasons people hire an employment attorney, more specifically, Californian workers like you.
1. Wrongful Termination
Indeed, California is one of the states where at-will employment is common. While employers may have the right to terminate an employee for any reason without notice, it would be illegal to do so if it violates California law or public policy.
For example, employers are prohibited from terminating employees for reasons connected to discrimination, such as race, age, or gender. It is also illegal for employers to terminate someone in violation of an expressed verbal promise or implied agreement regarding the length of employment.
If you believe you have been wrongfully terminated for any reason, then hiring a skilled employment lawyer in California can help ensure your legal rights are protected. With their experience and understanding of state, federal, and local laws, an attorney who specializes in labor law will advise you accordingly and ensure you get the justice you deserve.
2. Unfair Wages & Overtime Pay Violations
If you have been underpaid, not paid in a timely fashion, or denied overtime pay, it is crucial to seek legal advice from an experienced employment lawyer. California employers are mandated by both state and federal laws to abide by certain wage regulations, which should be respected and followed without exception.
This includes minimum wage laws as well as those related to overtime pay at the rate of one-and-a-half times the regular wages for any additional hours worked over eight (or twelve), depending on your occupation title. Ignoring these laws can end up costing employees large amounts of lost wages if they don’t pursue proper compensation swiftly with the help of an employment law attorney.
3. Discrimination in the Workplace
Workplace discrimination is illegal under both federal and California laws. Employees should not be treated differently or unfairly because of their race, religion, sexual orientation, disability, etc… This can also include age discrimination, which has become increasingly common as people get older.
If you feel that you have been subjected to workplace discrimination while working in California, then hiring a qualified employment law attorney may be beneficial. They can help gather evidence to support your case and fight on your behalf to ensure justice is served in accordance with the law.
Related Read: How to Choose an Employment Lawyer for Your Business
4. Harassment and Hostile Work Environment Issues
When employees are made to feel uncomfortable or mistreated in the workplace, this is an issue that should be taken very seriously. It can have a considerable impact on both the employee’s physical and mental well-being, which would, in turn, probably cause a drop in performance and consequent action from the employer.
Thankfully, California labor laws offer protection when it comes to prohibiting employers from committing any form of harassment based on race, religion, gender, and other protected forms of workplace discrimination. This is why it’s among the various reasons why people seek legal assistance from qualified employment attorneys in the area.
5. Breach of Contract Disputes
A breach of contract can be hugely damaging to employees and employers alike, which is why it’s so important to resolve issues quickly and efficiently. In California, both parties are legally responsible for upholding their obligations as outlined in the employment agreement.
If this isn’t done, then a contract dispute scenario emanates. As so, either party may need legal advice to help clarify the situation or reach a resolution through negotiations – with an experienced employment attorney leading the way.
6. Employment Benefits & Leave Disputes
Employers are required by California law to offer certain benefits and legally mandated time off, such as sick/family leave or vacation pay. If an employer fails to provide these benefits or violates the terms of an employment agreement in regard to their provision, then this could be grounds for a legal dispute.
More often than not, one or both of the involved parties will require professional legal advice on how to best handle the situation and resolve the matter. Employees specifically turn to employment lawyers to ensure that all the rights and benefits afforded to them under state law are protected, in addition to those outlined in any existing contracts.
7. Workplace Injuries, Safety, and Health Concerns
If you have been injured or made ill due to workplace conditions as a worker in California, you might also need to seek advice from an experienced attorney that specializes in workers’ compensation law.
The legal professional can explain how your rights apply when it comes to claiming damages or obtaining necessary medical attention before filing a complaint against your employer with the Occupational Safety and Health Administration (OSHA).
Your attorney can also advise on whether litigation is necessary or whether you are eligible for state disability benefits depending on the circumstances leading to the injury or illness.
8. Whistleblower Retaliation Claims
If you have suffered workplace retaliation from an employer for speaking out about workplace injustices, lawyering up could be the best way to protect your job and future career prospects.
As a whistleblower in California, you have legal recourse if employers attempt to harm or punish you harshly simply because you chose to speak up on behalf of yourself and other employees when raising a complaint against the company.
An employment law attorney will be able to explain your rights further and advise on how best to pursue litigation… should that become necessary down the road.
And there you have it. In California, employees’ rights are legally protected in many ways as soon as they sign an employment contract. They turn to good lawyers for important advice and guidance on navigating difficult situations involving employment disputes, from unfair wages to unfair working hours, denied benefits, and wrongful termination, just to name a few.
With adequate legal representation from a knowledgeable attorney, California workers can seek justice regardless of their circumstances. They can also learn more about how to best protect themselves against any future workplace injustices while at it.
