Porterville Labor and Employment Lawyers

If you live in Porterville, you’re probably well aware of the benefits that this beautiful city offers to residents and commuters alike. With its placement in the heart of the San Joaquin Valley, Porterville is a vibrant and diverse community of around 60,000 people. The city also has a thriving economy, with agriculture, healthcare, and education serving as the major industries in the area for workers and businesses. For workers throughout Porterville, there are a variety of different legal protections thanks to California’s employment laws. These laws are designed to ensure fair treatment and protection from illegal activities or conduct in the workplace. While every workplace is unique, there are always situations where you or other workers have your workplace rights violated by your employer.

Maison Law Will Stand Up For Your Workplace Rights in Porterville

At Maison Law, we understand that employment law issues can be stressful and overwhelming. That’s why we work closely with our clients to provide personalized, compassionate representation tailored to their unique needs. We pride ourselves on our responsive communication, attention to detail, and commitment to achieving the best possible outcomes for our clients. If you need a team of experienced California employment lawyers in Porterville, we can help. Contact us today to schedule a free consultation and learn how we can help you protect your rights.

An Overview of Porterville Employment

Being employed in Porterville means that you could work in a variety of different industries or jobs. Because of its location and climate, agriculture and its related industries are among the strongest in the city and throughout Tulare County. At the same time, Porterville’s job market has been diversifying in recent years to keep up with demand. Thus, industries like education and healthcare have brought new opportunities to the city.  In looking closer at employment in Porterville, it can give you a better idea of the different types of workplaces that are offered:

• Farmworkers
• Laborers
• Physicians
• Nurses
• Healthcare technicians
• Sales representatives
• Food preparation workers
• Servers
• Teachers and educational administrators
• Construction workers
• Administrative assistants
• Truck drivers

These are just a few examples of the numerous opportunities for workers in Porterville. Because the job market is spread across a variety of different industries, there are also a number of different workplaces that present their own unique challenges for these workers. Chief among these challenges are violations of rights and legal protections.

How Do Legal Rights Get Violated in Porterville?

Unfortunately, there are several ways that you, as a worker, can have your rights violated by your employer in Porterville. In these incredibly frustrating and stressful situations, it’s essential to understand what these violations may entail. Here are a few examples of how your legal rights can be violated in Porterville:

• Employment Discrimination
• Harassment and Retaliation
• Whistleblower Retaliation
• Wage and Hour Violations
• Violations of Privacy
• Breach of Contract

Employment Discrimination

California has extensive laws that protect workers from unlawful discrimination. The California Fair Employment and Housing Act (FEHA) runs concurrently with federal protections against discrimination and harassment, meaning workers in Porterville are doubly protected by state and federal law. Key to the FEHA is the “protected classes” of individuals. As a worker, if you are a member of one of these classes, you have legal protection against discrimination and harassment by your employer. These protected characteristics include:

• 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
• Request for family care leave
• Request for leave for an employee’s own serious health condition
• Request for Pregnancy Disability Leave
• Retaliation for reporting patient abuse

These characteristics are not exclusive, meaning that you or other coworkers could be protected by multiple characteristics.

Harassment and Retaliation

In California, harassment and retaliation are serious issues in the workplace that are strictly prohibited by law. Employers have a legal obligation to provide a work environment that is free from harassment and retaliation. Workplace harassment can take many forms and can be classified into different types but is generally considered to be any:

• Unwelcome behavior or policies that are based upon protected characteristics.

Retaliation occurs when an employer takes adverse action against an employee for engaging in a protected activity, like reporting illegal conduct. Like harassment, retaliation covers a wide range of possible treatment, but usually presents itself in the following ways:

• Demoting or firing you because of your protected characteristic or reporting illegal activity.
• Refusing to hire or promote you because of your protected characteristic.
• Putting policies in place that will disproportionately affect you or other employees who have a certain protected characteristic.
• Failing to accommodate your religious or disability-related needs, including a refusal to engage in the mandated interactive process.
• Fostering continued workplace harassment.
• Cutting your pay or work hours.
• Denying your reinstatement after a layoff.
• Denying you medical, financial, or other benefits.
• Forcing you to work in a hostile environment in order to force you to quit.

Whistleblower Retaliation

Every Porterville worker has a right to safe working conditions under California law. Still, not every employer takes this requirement seriously, especially in more labor-intensive industries. However, the fact remains that workers are not only protected from unsafe working conditions but also are protected from retaliation when they report these unsafe conditions. Workers are not only protected by the FEHA from unlawful retaliation but are even further protected by the California Whistleblower Protection Act (WPA). Under the WPA, an employee is considered a whistleblower if they:

• Have reasonable cause to believe that their employer is violating a state or federal law or regulation.
• Refuse to participate in illegal activity.

The law protects whistleblowers from retaliatory actions by their employers, such as being:

• Fired
• Demoted
• Transferred

Wage and Hour Violations

California law also provides extensive protections for non-exempt (hourly) employees regarding their wages and hours worked. Specifically, the California Labor Code lays out the various “wage and hour” laws that employers must abide by.  These laws include:

• Providing every worker with a minimum wage, currently $15.50 in California.
• Providing overtime pay to workers in relevant situations.
• Providing paid meal and rest breaks for workers.
• Providing workers’ compensation coverage.
• Ensuring that a terminated worker’s final paycheck is delivered on time, currently on the same day as the termination.
• Being classified properly

Wage and hour disputes are handled by the Division of Labor Standards Enforcement (DLSE).

Violations of Privacy

California has strong privacy laws that protect employees from workplace privacy violations. Employers in California are required to provide a reasonable expectation of privacy to their employees, and they must comply with state and federal laws that protect employee privacy. Some common examples of privacy violations in the workplace include:

• Surveillance, or being recorded in the workplace without consent or knowledge
• Monitoring electronic communications and usage
• Access to personal information
• Access to medical records or history
• Access to criminal records or history
• Unlawful drug or alcohol testing

Breach of Contract

In California, every worker operates under a contract or employment agreement. These agreements can either be written or simply implied. However, once in place, both sides have to abide by the terms and conditions set forth in the contract. If your employer doesn’t do this, they will be in breach of the contract. This can happen in a variety of ways, such as:

• Failure to pay wages
• Failure to provide benefits
• Wrongful termination
• Breach of confidentiality or non-compete clauses
• Breach of job duties

How Does an Employment Law Claim Work in Porterville?

Any violation of these or any other law in a Porterville workplace allows the worker to file a claim against their employer. But this process can be mentally and emotionally taxing. Thus, it’s important to understand how the process works. Our team of experienced California employment lawyers can not only explain the process to you but will provide you with the support you need to navigate what can sometimes be a complex path to the available support and benefits. Employment law claims in Porterville generally follow the same process as they do in the rest of California, and typically proceed in the following way:

• Filing a complaint – The first step of the process, after determining if you do indeed have a viable claim, is filing a complaint. Our team will help you file a complaint with the appropriate agency, and then with the correct civil court. Depending on the type of violation, this could include the California Labor Commissioner’s Office, the California Department of Fair Employment and Housing (DFEH), the Equal Employment Opportunity Commission (EEOC), or a California state court.
• Discovery – After the civil complaint is filed, both sides engage in a process called discovery. This is where they exchange information and evidence related to the claim.
• Settlement negotiations – Throughout the legal process, both sides may engage in settlement negotiations to try to resolve the claim without going to trial. Our team has extensive experience in helping clients achieve satisfactory results.
• Mediation – Mediation is a confidential process in which a neutral third party, called a mediator, helps the parties involved in the claim to negotiate a settlement. The mediator does not make a decision for the parties but instead helps them to communicate with each other and explore options for resolution.
• Trial – If the claim is not resolved through settlement negotiations or at mediation, your case may go to trial. At trial, the parties present their evidence and arguments to a judge or jury, who will decide the outcome of the case.

No matter what type of claim you have, our team will guide you every step of the way. It’s important to realize that every case is unique, so the claims process differs from case to case. Still, as a worker in Porterville, you have the absolute legal right to pursue a claim against your employer when your rights are violated.

Work With Experienced California Employment Lawyers

When you are facing violations of your workplace rights in Porterville, it can feel very demoralizing. At this critical juncture, you need a team who has a thorough understanding of California employment law and the local court system. Our team of experienced California employment lawyers at Maison Law has the knowledge and expertise necessary to help you navigate the complexities of your case and protect your legal rights. Contact us today to schedule a free consultation and learn how we can help you achieve the best possible outcome in your claim.