Employees can expect a certain treatment and level of safety from their workplace due to their legal right to a safe work environment that is free from discrimination, retaliation, and unsafe conditions. Employees also have the right to fair compensation for the time they’ve worked and the job duties they’ve performed. Both state and federal employment law covers these labor laws, employee rights, and basic protections.
When employers fail to uphold these laws, they can be held accountable for employee rights violations. Employers could actively contribute to a hostile or unsafe workplace, or they may fail to prevent a hostile environment. If you are subject to discrimination, harassment, retaliation, or other employee rights violations, an employment law attorney can help you hold your Carlsbad, CA employer and workplace liable.
Facing workplace discrimination can make it nearly impossible to go to work each day. In the worst cases, employment retaliation or discrimination results in wrongful termination, preventing you from earning income. Any employment law violation can be overwhelming and stressful, especially when it threatens your livelihood. Tackling the employment law system can feel like a monumental task in these situations. By working with an established and qualified employment law attorney, you can ease some of this stress.
The attorneys with The Law Office of Frank S. Clowney III can guide you through the process of an employment claim, including:
Our attorneys can guide you through your legal options, based on your unique employee rights issue. We have 40 years of experience in employment law, and we use this knowledge to ensure a personalized and flexible approach to your case. Our team understands how frustrating it can be to face employee law violations. We want to give you the legal support you need to get the compensation you deserve.
California has some of the strongest employee protections, but rights violations still occur. Some of the most common employee rights violations include:
Wage violations may occur when an employer:
Hour violations frequently occur when employers don’t allow their employees to take their allotted rest and meal breaks or when they fail to pay employees for overtime work. In California, working more than 8 hours in a day or 40 hours in the same work week qualifies an employee for overtime pay.
An employer can be held accountable for wage theft and hours violations, and employees can get the compensation they should have earned.
Both state and federal law prohibit employers from making employment decisions or treating employees or job candidates differently based on protected characteristics. These include:
An employer may fail to hire, fail to promote, wrongfully terminate, or exclude an employee based on a discriminatory bias. An employer may give another reason, such as a bad work performance, with little basis in reality. An attorney can help prove that these alternate reasons for demotion or firing do not make sense. Discrimination in the workplace is illegal, and employers can be held accountable.
Workplace harassment may take the form of sexual harassment by a manager or employer, or it may take the form of a hostile work environment based around a person’s protected characteristic. These actions may be threats, offensive comments and actions, ridicule, or even assault. Workplace harassment creates an incredibly unsafe environment. An employment attorney can help employees get the compensation they need.
Employees have additional protections when exercising their rights. Employers cannot take negative employment actions against employees for speaking out about or filing a claim against discrimination or harassment. They can also not act against employees who whistleblow about illegal activities or take protected medical leave. If an employer fires, demotes, or harasses an employee because of these actions, it is considered retaliation.
California is an at-will employment state, which is a law that is meant to protect both employers and employees, enabling either party to end the employment relationship for any reason. However, the law ends up providing limited protections to employees. At-will employment allows employers to fire employees at any time, for any reason. An employer cannot, however, fire an employee for illegal reasons. A termination based on discrimination or retaliation against a lawful action is illegal. Employees who have been wrongfully terminated can file a claim, and they may receive compensation and reinstatement from a successful claim.
The process of filing an employee claim may be confusing, and it can be especially frustrating while dealing with a hostile workplace, discrimination from an employer, or even the loss of your job. Filing a civil claim with an attorney limits your stress and makes the claim itself more likely to be approved. Although you may not have filed with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD) before, an attorney with experience in employment law has done so many times. They understand what information and evidence is required when filing with these agencies, and your lawyer can help you formulate a complaint that is more likely to succeed.
Additionally, it’s unfortunately true that filing a claim for discrimination, wage and hour violations, or harassment may result in adverse employment actions from your employer. When you work with an attorney, they can guide you through this. Your attorney knows your employee rights and what to do if your employer fires you, demotes you, or provides you with unpleasant job duties.
An attorney can help you with several employment issues, including:
Employment complaints and claims are likely to be resolved efficiently with the help of an experienced attorney.
A: The average rate of an employment lawyer in California is $373 an hour. However, every attorney will have a different rate based on a multitude of factors. The hourly cost may be anywhere from $200 to $500 an hour or much higher. Factors that affect the costs of your case include:
Some attorneys will take employment cases based on a contingency fee, meaning you only owe them attorney’s fees if they win the case.
A: Employees have several state and federal workers’ rights in California, including the right to:
A: Many employment claims, particularly workplace discrimination claims, are filed with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). The EEOC is the federal agency for employment claims, while the CRD is a state agency. You may file your claim with one or both agencies, depending on your circumstances. For certain wage and hour labor law violations, you can file a complaint with the California Labor Commissioner’s Office. If your claim to an agency is approved, you may be sent the right to file a claim, or the agency will file a claim on your behalf.
A: Yes, you are able to file a claim against your employer for a hostile workplace environment if they have caused the hostile environment or have failed to take reasonable steps to prevent it. As an employee, you have the right to a safe workplace free of harassment and discrimination. If you have requested that something be done about the harassment, or it’s something that your employer should have noticed, you can file a claim against them. An employment attorney can advise you on the ideal steps in your situation.
You deserve a safe workplace. If you are facing discrimination, retaliation, or other negative employment actions, The Law Office of Frank S. Clowney III wants to defend your employee rights. Employment law exists to protect you. Contact our team today to see how we can help you file a complaint.