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California Employment Law: Do I Have a Case?

With some of the nation’s strongest protections for workers, California is an excellent place to pursue a career. As an employee in California, it’s important to be aware of your rights and protections under California employment law. From minimum wage and overtime pay to discrimination and harassment, there are a variety of legal issues that can arise in the workplace. Sometimes, though, these issues can be a bit confusing. The treatment you’re experiencing may be so subtle that you may have trouble recognizing whether it’s even illegal. That’s where our experienced team of California employment lawyers can help. If you’re wondering whether or not you have a case, take this quiz.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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