Every work environment is unique, with its own challenges you have to face. Whenever you go to work, you have a lot of different responsibilities. Not only do you have your production and performance to worry about, but there is also your relationship with your coworkers and bosses.
Unfortunately, there are instances in which your employer or other coworkers make your work life difficult. The fact is, your employer has not only a moral, but also legal responsibility to keep you safe at work. This means providing you with a work environment free of harassment, discrimination, and retaliation, while also protecting your privacy and paying you properly. When you’re left so exposed and vulnerable by your employer, it often ends up costing you your job.
In these instances, you should know that your employer has broken the law and you can hold them accountable. To learn how we can help you, contact us for a free consultation.
How Does California Law Apply in the Workplace?
Like every other California city, Merced workers are protected by our state’s various employment and labor laws. Regardless of your citizenship status, you have the full protection of California’s employment and labor laws once you are hired to work in Merced.
Still, not every employer abides by these workplace laws. That means violations of your legal rights, which can result in the filing of any of the following claims that our team of experienced Merced employment lawyers could assist you with:
- Wrongful Termination
- Discrimination/Retaliation
- Wage and Hour Violations
- Violations of Privacy
- Breach of Contract
Each one of these categories have their own specific statutes that apply to Merced workplaces. Working with our knowledgeable team can help you determine what your claim is and how the law applies to it specifically. That said, because you’re protected by every one of these laws, you could potentially have multiple claims depending on your circumstances.
California Fair Employment and Housing Act (FEHA)
As an employee in California, you have the legal right to a workplace free of discrimination and retaliation, and your employer further has an obligation to not create a hostile work environment for you. The specific statute that covers this area of the law is the California Fair Employment and Housing Act (FEHA).
Under the FEHA, you are protected from discrimination based upon the following characteristics:
- Race
- Religion
- Color
- National Origin
- Ancestry
- Sexual Orientation
- Sex
- Gender
- Gender Identity or Expression
- Physical or Mental Disability
- Medical Condition
- Age (above 40 years old)
- Genetic Information
- Marital Status
- Military and Veteran status
The law also protects you even if you may not fit into one of the above categories and isn’t just limited to minorities. If you engage in “protected” activities like complaining about your employer’s discrimination or reporting illegal activities to management or outside authorities, your employer can’t retaliate against you by firing you, demoting you, or otherwise treating you differently than any other coworker.
On top of protections of California’s law, federal law also prohibits most types of employment discrimination.
Whistleblower Protection Act (WPA)
California’s Whistleblower Protection Act (WPA) law also protects you from retaliation by your employer. This law applies when you report things like an unsafe or hazardous work environment to authorities.
When faced with these unsafe working conditions, you can report them to Occupational Safety and Health Administration (OSHA) or its California counterpart, Cal/OSHA. These administrative bodies are responsible for enforcing safe working conditions, and providing education and training for both you and your employer.
Your employer is required to post Cal/OSHA notices in a common area of the workplace so that everyone of your coworkers understands the various protections of this law.
Wage and Hour Laws
California’s Labor Code outlines various legal requirements your employer must follow regarding your wages and hours worked. Particularly, if your employer commits any of the following acts, they will have violated your wage and hour protections:
- Failure to provide minimum wage
- Failure to pay overtime
- Failure to give you your final paycheck on time
- Failure to allow meal or rest breaks
- Misclassifies you as an exempt or nonexempt employee
- Failure to provide Workers’ Compensation insurance
Violations of Privacy
Your employer is also responsible for maintaining your privacy in the workplace. Once you enter into the workplace, California’s various privacy laws protect you in the following situations:
- Being recorded or videotaped in the workplace.
- Your employer tracking and monitoring your computer usage.
- Asking about your criminal record or history.
- Your employer collecting and disclosing your medical records and history.
- Your employer drug testing you.
- Your employer asking about or checking your credit score.
- Your employer protecting your Social Security Number.
- Your ability to record conversations or incidents in the workplace
Breach of Contract
As a California employee, you are also protected by the state’s breach of contract laws. When you go to work for your employer in Merced, you enter into a contract with them. This contract can either be written or implied, but generally covers the following topics:
- Wages and Payment
- Working Conditions
- Job Expectations and Duties
- Disciplinary Actions
- Termination and Severance
When your employer doesn’t meet the terms or conditions of your contract, they will have breached it. In these situations, our team of employment lawyers can help you file a breach of contract claim.
Merced Employment Statistics
With its placement in the heart of central California, Merced has long been one of the state’s leaders in agriculture and production. As such, much of Merced’s economy and workforce comprises these two industries. According to data from California’s Employment Development Department (EDD), there are over 119,000 people currently in the Merced workforce. Of these workers, the following industries are the most represented:
- Agriculture and related production
- Healthcare
- Manufacturing
- Transportation
- Retail
- Education and childcare
No matter what industry you work in, there are certain procedures in place that allow you to recover compensation for any losses you’ve suffered as a result of your employer’s illegal actions.
What Can I Recover in a Merced Employment Lawsuit?
When you work with our team of experienced Merced employment lawyers, we can guide you toward the best chance you have at recovering compensation. We have years of combined experience in litigating employment cases, providing each of our clients with comprehensive, individual representation against your employer. This experience has granted us with a high level of client satisfaction in pursuing various claims and damages via lawsuits.
When we help you file an employment lawsuit, you can potentially recover compensation via damages. These damages typically include:
- Lost wages, including unpaid wages
- Back pay, or liquidated damages in wage and hour violations
- Punitive damages, in cases where your employer acted recklessly or negligently.
- Pain and suffering
- Emotional distress
- Loss of dignity or enjoyment of life
Above all else, we take pride in our commitment to each one of our clients. No matter what your claim is, we will help you gather all the pertinent documentation and evidence, then help you navigate the sometimes complicated world of an employment law claim. We will communicate with you, and always keep you updated regarding the status of your claim until it resolves. Most of all, we will help you hold your employer accountable for their unlawful activities.
Work With Experienced Merced Employment and Labor Lawyers
When your employer decides to violate your rights in the workplace, holding them accountable requires courage and perseverance. But it also requires having the right team on your side. At Maison Law, our compassionate Merced employment lawyers will make sure that your case gets the attention and care it deserves so that you can focus on getting back to providing for your family. To begin the process today, contact us for a free consultation.
