wrongful TERMINATION


Simply put, although employment in California is at-will, and employees may be terminated for no reason, or for an arbitrary or irrational reason, there can be no right to terminate for an unlawful reason. Some of these unlawful reasons include: race, age, gender, disability, sexual orientation etc. In a word, an employer's right to discharge an at-will employee is subject to limits imposed by public policy and the laws protecting employees in California.

If you believe you have been wrongfully terminated we can help.

Practice Areas




HARASSMENT


California Government Code § 12940 prohibits harassment because of an employee's  race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person.


If you have been harassed at your workplace, call us today for a consultation.

UNPAID WAGES AND OVERTIME


​California law requires that wages be paid twice a month. California requires employees to earn the required minimum wage which as of July of 2014 is $9.00/hour. All hours worked by an employee should be paid either at regular rate or one and one-half times or double the regular hourly rates for overtime.

If you are not being paid the minimum wage or the correct overtime rate you may have a claim against your employer.

MISSED MEAL AND REST BREAKS


Employees are also entitled to uninterrupted meal periods of at least 30 minutes before exceeding five hours of work and 30 minutes before exceeding 10 hours. During these meal periods, employees must be relieved of all work duties and be free to leave the employer’s premises. 

Employees are also entitled to a paid 10-minute rest break every four (4) hours of work or major fraction thereof. For every meal and rest break missed the employer must pay employees an additional hour of compensation.

off-the-clock SECURITY BAG CHECKS


Employers have policies and practices requiring their employees to pass through security checks in an effort to reduce theft. Security bag checks require that employees and their belongings be searched. Employees are often subjected to these searches after the end of their shift and after they are no longer being compensated for their work but while still under the control of the employer. Security bag checks require inspection of employees' bags, purses, lunch containers, and coats. If you are being subjected to security bag checks without compensation you may have a claim for unpaid off-the-clock work.

SEXUAL HARASSMENT


In California employees are protected from being subjected to a hostile work environment which includes severe and pervasive conduct or speech related to an employee's sex.

Random, isolated incidents are not enough to prove a hostile work environment based on sex. Employees must provide substantial and sufficient evidence proving the sexually harassing conduct/speech preventing the employee from performing his or her job.

Managers and supervisors can be held personally liable for harassing conduct/speech as the employer's managing agents. Employers can be liable for co-workers harassing conduct if the employer knew or should have known about the harassing behavior.

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DISCRIMINATION


California Government Code § 12940 prohibits discrimination because of an employee's  race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person.

Necessary Business Expense REIMBURSEMENT


​California Labor Code 2802 requires that employees be reimbursed for business expenses that are necessary to discharge their job duties. If an employer fails to reimburse employees' necessary business expenses they are liable for reimbursement as well as penalties, interest, and other fees and costs.

RETALIATION


California law prohibits retaliation for engaging in protected activity such as: filing a workers' compensation claim, complaining about workplace safety, complaining about discrimination and/or harassment on the basis of a protected category.

If your employer has retaliated against you, contact us.