Occasional disagreement with employers and coworkers is a normal part of any job. However, employment disputes can sometimes be more serious. Workplace harassment, unpaid wages, dangerous working conditions, and wrongful termination are more than just passing issues—they’re against the law.
If you feel unsafe or mistreated at work, it’s best to consult with a legal professional. Too often, employees don’t realize the extent of their rights or when they’ve been violated.
The Long Beach employment lawyers at King & Siegel LLP have years of experience helping California workers seek justice in a variety of workplace disputes. We can help you understand your rights and take action to correct an employer’s mistreatment.
What Rights Do Employees Have in California?
California employees enjoy numerous rights and protections under state and federal employment laws.
Some essential basic rights that employees have are:
- The right to earn a fair wage,
- The right to make a living free of discrimination,
- The right to be paid on time,
- The right to regular meal and rest breaks,
- The right to a safe work environment, and
- The right to report wrongdoing without fear of backlash from an employer.
California is known for having some of the strongest employee protection laws in the nation. However, many employees aren’t aware of the extent of their rights as workers. This means that unfair, illegal behavior by colleagues or employers can often go unreported.
Let’s take a look at some of the most common ways that employees have their rights violated at work.
Wrongful Termination
Most Californians are “at-will” employees. This means your boss can fire you (or you can quit) at any time without giving a reason. However, your employer isn’t allowed to terminate you for reasons that are illegal. This is called “wrongful termination.”
There are numerous illegal reasons for firing someone that could be grounds for a wrongful termination case. Some common ones include firing an employee for:
- Their sex, race, religion, national origin, or other protected characteristic;
- Complaining about sexual harassment in the workplace;
- Requesting family or medical leave;
- Applying for workers’ compensation;
- Taking time off work for jury duty;
- Performing military service;
- Reporting hazardous working conditions;
- Participating in a workplace harassment or discrimination investigation; and
- Blowing the whistle on an employer’s illegal activity.
Losing your job can have negative consequences on your reputation and financial security. If you’re fired for illegal reasons, you can take action to hold your employer accountable for their wrongdoing.
With the help of an attorney, you can file a wrongful termination claim showing that you were fired illegally. If your claim is successful, you could get compensation for your lost income as well as other financial damages for the violation of your rights.
Employment Discrimination
Employees in California have the right to equal treatment at work regardless of their identity. California law explicitly bans any behavior in the workplace that discriminates against an employee because of their:
- Race,
- Gender,
- National origin,
- Sexual orientation,
- Religion,
- Age (if over 40),
- Disability,
- Marital status,
- Pregnancy status,
- Veteran status,
- Citizenship status, and
- Other personal characteristics.
Workplace discrimination can take a lot of different forms, including:
- Offensive jokes, insults, or sexually explicit comments;
- Unequal access to company resources or social networks;
- Differences in salary or employee benefits;
- Denying certain requests for medical or religious leave;
- Unequal workload distribution; and
- Favoritism in awarding bonuses or opportunities for advancement.
Anti-discrimination protections apply to job applicants as well as current employees. For example, it’s illegal for a hiring manager to ask you questions about your medical history, plans to have children, or religious faith.
If you suspect you’ve been the target of illegal discrimination in hiring or at work, get in touch with an employment lawyer in Long Beach immediately. They can assess your situation and advise you on gathering evidence needed to prove your claim.
Wage Disputes
Employers are required to pay employees at the legally required rate. This generally means that employees in Long Beach should receive a minimum of $16.00 per hour they work. Certain industries have even higher minimum wage requirements for workers.
Additionally, under the federal Fair Labor Standards Act, non-exempt employees should receive overtime pay (1.5 x regular rate of pay) for working over eight hours a day or 40 hours in a week.
The law also requires employers to pay employees promptly for the work they’ve done. Your employer must also inform you if they plan to withhold anything from your paycheck for taxes. It’s illegal to make any unauthorized deductions from your earned pay.
If you’re having issues with being paid accurately or on time, an attorney can help you file a claim to recover the compensation you’re owed.
Labor Law Violations
California’s labor laws are designed to protect employees’ safety and ensure fair compensation. When employers refuse to comply, they put employee health and livelihood at risk.
Some common ways California employers violate labor laws include:
- Independent contractor misclassification. Treating individuals as temporary workers when they’re doing the work of employees deprives them of pay and benefits they are legally entitled to.
- Ignoring meal and rest breaks. Non-exempt California employees should generally receive a 30-minute unpaid meal break if they work more than five hours. For every four hours you work, you should get a 10-minute rest break.
- Ignoring dangerous working conditions. According to the California Occupational Safety and Health Act, employers must take preventative steps to protect workers from environmental hazards, injuries, and illnesses.
- Punishing employees for reporting wrongdoing. It’s illegal to retaliate against workers who raise the alarm about discrimination, misconduct, or other unlawful behavior at work.
A trained employment lawyer can help you navigate the legal procedures for addressing an employer’s labor law violations. They can help you understand your rights, report the issues you’ve observed, and build a case for any compensation available.
How to Find an Employment Attorney in Long Beach
If you’re worried that your rights as a worker have been violated, generic legal advice won’t help you. It’s important to seek out a trained employment lawyer who can listen to your concerns and help you understand your individual options. California’s employment law is constantly changing. Make sure your attorney is familiar with the most recent state and local laws that might apply to your situation.
When choosing an employment attorney, pay attention to their reputation and history of client outcomes. Look for advocates who can point to a clear track record of compensation recovered for clients. It’s also a good idea to keep an eye out for employment firms that accept cases on a contingency fee basis. This means that you only pay them if they successfully resolve your case.
King & Siegel LLP: Your Long Beach Employment Lawyers
The employment attorneys at King & Siegel LLP are dedicated to helping level the playing field between employers and employees when it comes to workplace disputes. Our lawyers have graduated from some of the nation’s top law schools and have won numerous awards for their client dedication.
For co-founder and partner Julian Burns King, fighting for employees isn’t just business—it’s a personal mission. After facing harassment and discrimination early in her career, she left the corporate law world and became a full-time advocate for workers’ rights.
Today, Julian leads the firm’s harassment and discrimination practice areas. In just a few years, she’s helped clients recover six- and seven-figure settlements for workplace mistreatment.
Before joining as a partner at King & Siegel, attorney Elliot Siegel honed his skills as a strategic and creative litigator at several top national law firms. Now, he uses his extensive experience in and outside of court to help advocate on behalf of employees who’ve been victimized by employers, particularly through wage theft and disability discrimination. With his high-quality legal counsel, he’s helped recover $33 million in damages for clients in wage-related class action lawsuits.
Contact Our Office to Schedule Your Free Consultation
King & Siegel LLP makes it our mission to provide employees with the same high-quality legal representation that their employers have. We are caring and aggressive advocates, and we’ve helped our clients recover millions in compensation. Reach out to us by phone or fill our online form to speak to an attorney today about how we can help you.