With the amount of time you spend at work, away from your family, you would think that your employer would do everything they could to make sure you have a safe, enriching environment to work in. After all, logic would dictate the better the work environment, the more productive the workers would be.
However, when your employer fails to provide a healthy work environment, it can be nearly impossible to make positive contributions to your company. Whether you fear potential job loss, have been wrongfully terminated, or have suffered discrimination or retaliation at work in Fresno, you can turn to Maison Law for help.
If you would like to learn more about our proven system of getting these results, contact us today for a free consultation.
What Areas of Employment Law Do We Cover?
California has a reputation as one of the most employee-friendly states in the country because of its various legal protections. For our Fresno area clients, Maison Law’s team of dedicated, seasoned employment lawyers have a wide range of experience in handling workplace issues in California. Such workplace issues include:Wrongful Termination
If you were fired for any illegal reason, you may have grounds for a wrongful termination lawsuit against your employer. Specifically, the California Fair Employment and Housing Act (FEHA) has anti-discrimination provisions that protect certain employees based on any of their following characteristics:- Race
- Color
- Religion
- Age
- Gender identity, gender expression
- Sexual orientation
- Pregnancy
- Marital status
- Medical Condition
- Military or veteran status
- National origin
- Ancestry
- Disability
- Genetic information
- Victims of domestic violence
- Request for Family Medical Leave Act (FMLA) leave
- Request for California Family Rights Act (CRFA) leave
- Request for leave for your serious health condition
- Request for Pregnancy Disability Leave
- Being fired from your position
- Being demoted
- Being denied a promotion
- Being harassed
- Being excluded from meetings or training exercises
- Being given undesirable work assignments or schedules
- Having your pay or hours reduced
- Being written-up for unwarranted reasons
- Receiving negative performance review
- Losing employee benefits
Whistleblower Laws
California’s Whistleblower Protection Act (WPA) gives you the right to protect yourself and reach out to authorities if your employer is engaging in illegal conduct. A “whistleblower” is any employee that provides information regarding illegal activity on the part of their employer. This can be a wide range of potential activities, but usually include:- Any violation of a state or federal law.
- Violations of or noncompliance with local, state or federal rules or regulations.
- Reporting unsafe working conditions or work practices relating to the employee’s job duties or place of employment.
- Refusing to take part in illegal activities
Wage and Hour Laws
California’s Labor Code outlines several provisions regarding how and when your employer has to pay you. Known as “wage and hour” laws, you can sue your employer if they violate them. These laws include:- Failing to pay you minimum wage
- Failing to pay you overtime
- Failing to pay your final wages on time
- Failing to provide you with meal and rest breaks
- Failing to provide you with Workers Compensation Insurance
- Misclassifying your employee status to avoid paying you overtime or other pay
Privacy Laws
California law also lists several protections as it relates to your right to privacy in the workplace. Generally speaking, the law covers just what type of information your employer can gather on you and how they are allowed to use that information. This usually includes the following scenarios:- Being recorded or videotaped in the workplace.
- Monitoring and tracking your internet usage.
- Asking about your criminal record.
- Gathering and using your medical records and history.
- Drug testing you.
- Checking and using your credit rating or history.
- Using and safeguarding your Social Security Number
Breach of Contract
Every employee-employer relationship in California forms because of a contract, or agreement. Whether this contract is written or implied, there are various conditions of employment that both sides have to adhere to. When your employer violates any of the following conditions of the employment contract, they will be considered in breach of it:- Your job duties and expectations
- How you will be disciplined
- How and when you’ll be paid
- The conditions you will be working under
- How and under what conditions you may be terminated, including severance.
What Happens if I Contact a Fresno Employment Lawyer to Report My Employer?
California’s anti-retaliation laws not only protect you when you report unlawful conduct by your employer inside the workplace, but also when you want to report your employer to an outside entity. This includes enforcement agencies, but also extends to our law firm. Speaking with one of our experienced Fresno employment lawyers, even if you’re still employed, still provides protection from retaliation on the part of your employer.Constructing an Effective Fresno Employment Law Case
An effective Fresno employment law case starts with understanding your legal protections and how the law applies to your particular situation. With that in mind, our team of experienced, knowledgeable Fresno employment lawyers can give you a fuller understanding of the various California laws that protect you in the workplace, and then provide you with the building blocks of an effective case for damages. Pursuing compensation in the form of damages requires you filing a lawsuit. Depending on your claim, you could potentially recover any or all of the following in a lawsuit:- Lost wages, including unpaid wages
- Back pay
- Liquidated damages
- Punitive damages
- Pain and suffering
- Emotional distress
- Loss of dignity or enjoyment of life