Getting a new job can fill workers with excitement about the future. But this excitement can often turn to dread when workers are facing harassment, discrimination, wrongful termination, or other forms of misconduct. In particular, many workers face sexual harassment in their jobs. According to the U.S. Equal Employment Opportunity Commission, “Between FY 2018 and FY 2021, the EEOC received a total of 98,411 charges alleging harassment under any basis and 27,291 charges alleging sexual harassment.” Below are some of the common situations where it would be wise to contact an employment lawyer.
You Have Been Wrongfully Terminated
Most employees are categorized as “at-will” in the state of California. What this effectively means is that employees can be let go from their job positions at any time and for almost any reason. However, employers are not allowed to terminate workers for reasons that would be illegal. This will include firing workers due to discrimination or retaliation. Moreover, it is also possible that a worker has a contract that details the circumstances under which they may be terminated. If an employer violates an implicit or written contract with one of their workers, this may constitute a wrongful termination.
You are Facing Discrimination or Harassment
California’s Fair Employment and Housing Act (FEHA) prohibits employers from engaging in discrimination or harassment. In particular, there are many different protected characteristics that a worker may have.
- Age (40 and over)
- Ancestry
- Color
- Creed
- Disability (mental and physical)
- Race
- Religion
- Sex
- Sexual orientation
If you suspect that you are facing discrimination or harassment in the workplace, it is best to keep a detailed record of all of your experiences. It’s also a good idea to speak with an experienced employment lawyer about your potential legal options.
You Are Not Being Paid Properly
Workers in California routinely face a number of different payment disputes. Workers should familiarize themselves with the following violations that could negatively impact their pay.
- Meal/Rest Violations: Certain workers have a legal right to meal and rest breaks throughout the course of their day. In particular, employees must receive at least a 30-minute unpaid meal break after they’ve worked a total of five hours. Workers must also receive a 10-minute rest break for every four hours that they are on duty. In the event that an employer fails to provide adequate meal or rest breaks, the affected employee will typically be able to receive one hour of pay at their normal rate per day.
- Misclassification: In many situations, employers may try to categorize their workers as independent contractors, as opposed to employees. This is typically done to avoid paying a minimum wage or to avoid providing workers with certain rights and privileges afforded only to employees. Affected workers who are miscategorized may be entitled to compensation.
- Unpaid Overtime: California law requires that workers be paid overtime in certain situations. When an employee works more than eight hours in a single day or 40 hours in a week, they must be paid at a rate of 1.5 times their normal pay. Workers may also receive 2 times their normal pay after working 12 hours in a single day.
When pay disputes are widespread within an organization, affected workers may be able to join a class action claim. It is typically much easier for a worker to demonstrate that they are not being paid properly when they are one of many people all facing the same issue.
You Are Facing Retaliation at Your Job
Employees have a right in California to perform their job duties in a safe environment that is free from harassment. California law allows workers to report illegal activity and misconduct without fear of retaliation. But it is still relatively common for workers to be retaliated against if they speak up about misconduct. This can often take place in subtle ways. Workers may have their hours reduced or face demotions. They could also be subjected to unfair performance reviews. If you are experiencing any of these signs at work after speaking up, this is typically a clear indication that you are facing retaliation.
Getting Legal Help for Workplace Misconduct
Harassment, unpaid wages, discrimination, and other forms of misconduct are all very common. If you are facing any of these issues at your place of employment, you are not alone. Employees should understand that they do have legal rights if they are being mistreated at their jobs in any way. Our team of labor law attorneys at The Labor Champ can help you with whatever you are going through. We will do everything in our power to hold your employer accountable for their wrongful actions. You can contact our office anytime at 949-727-9300.
