Are you classified as a non-exempt employee?
Yes
No
If you’re an hourly worker, you’re classified as a “non-exempt employee” and are granted protections under California’s wage and hour laws. This means your employer is required to pay you at least minimum wage (currently $15.50 an hour), overtime if you work more than 40 hours a week, and provide you with meal and rest breaks.
If you are an “exempt” employee, where you earn a salary in a management-type role, or if you’re an independent contractor, your employer isn’t required to follow these wage and hour laws.
Did your employer take an “adverse employment action”?
Yes
No
Every worker in California enjoys protection from “adverse employment actions” under the state’s Labor Code. This includes things like being demoted, having your pay cut, being transferred, being given less desirable job duties, or even being fired. If any of these actions are the result of discrimination or retaliation, you may have a case.
Not all adverse employment actions are illegal under California law. If the decisions made are based on performance or a consistent application of company policy, they probably aren’t illegal.
Have you been discriminated against or harassed?
Yes
No
If you’ve been treated unfairly or differently based on certain characteristics like your age, race, color, religion, national origin, or disability, you are protected by California’s Fair Employment and Housing Act (FEHA). Discrimination can include things like being unfairly targeted, demoted, fired, being given a less desirable schedule or job duties because of your characteristics.
Not every instance of unfair treatment rises to the level of illegal. Certain actions, such as rude comments and treatment, aren’t always discriminatory or harassing. In order for this conduct to be illegal, it has to be “severe and pervasive”, meaning it has to occur close together in time and be so bad that a reasonable person would consider it unbearable.
Are you a member of a “protected class”?
Yes
No
In order to be protected from discrimination or harassment under the FEHA, individuals must be part of a “protected class” of individuals or have “protected characteristics” like age, race, color, gender, sexual orientation, marital status, medical condition, military status, or disability.
If you’re not a member of a protected class, you’re still protected from discrimination and harassment if you engage in “protected activities” like reporting illegal conduct or voicing concerns about workplace safety. You’re also protected from things like sexual harassment or intimidation in the workplace.
Do you work for an employer with more than five full-time employees?
Yes
No
The FEHA only applies to workplaces with more than five full-time employees. This is known as the “employee threshold”. Employers that have more than five full-time employees must abide by the FEHA’s anti-discrimination and harassment provisions, or risk legal action.
For California workplaces with less than five full-time employees, the FEHA doesn’t apply. That said, they are still bound by federal anti-discrimination and harassment laws like Title VII of the Civil Rights Act. There is no employee threshold for that law.
Were you wrongfully terminated?
Yes
No
If you were fired by your employer for a discriminatory reason relating to things like your age, race, or gender, or in retaliation for voicing concerns about a hostile work environment or reporting illegal activity, you could make a case for wrongful termination. The key to a wrongful termination claim in California is a “causal connection” between the adverse employment action and you're being a part of a protected class or having engaged in a protected activity.
California is an “at-will” employment state, meaning you can be fired at any time for any reason, so long as it’s not for an illegal reason like discrimination. That said, if you can show that your firing was for pretextual reasons, you could make a case for wrongful termination.
Were you denied reasonable accommodations for your disability?
Yes
No
If you have a disability or were injured at work–legally known as “perceived as disabled”, you have a legal right to a reasonable accommodation. These are simply slight changes that your employer would have to make to the environment or schedule that would make it possible for you to continue working. An example would be giving you intermittent time off to seek medical treatment.
Under some circumstances, your employer can choose not to provide you with reasonable accommodations. In these situations, your employer can claim that modifying or adjusting your job duties or schedule would impose an “undue hardship” on the business.
Is your claim still within the statute of limitations?
Yes
No
The statute of limitations is an extremely important aspect of your claim. Depending on what law your employer violated, you have a certain amount of time in which you can actually file a lawsuit against them. In California, you have three years from the date of your wrongful termination or unpaid wages to file a lawsuit.
Missing this deadline means you won’t be able to pursue a case against your employer, and thus won’t be able to recover the available benefits and support under the law. This includes things like lost wages, emotional distress, and attorneys’ fees.
Work With Experienced California Employment Lawyers
At Maison Law, we understand the complexity of California employment law and how it can be difficult to navigate legal issues when they come up at work. As an employee, you have the absolute protection of the law in your workplace. Still, that doesn’t mean that these issues won’t sometimes come up. When they do, you can count on our team of experienced and dedicated California employment lawyers. We’ll explain your rights, and make sure you are given the option to hold your employer accountable for their actions. To learn more about how we can help you, contact us today for a free, no-obligation consultation.