Salinas Labor and Employment Lawyers

A job is designed to be a rewarding experience for you and other coworkers, providing income and stability. Salinas is no different, offering a diverse economy with several different employment opportunities. Located in central California, Salinas is among the state’s leaders in the agriculture industry but has a variety of different job sectors available for the city’s population. Working in Salinas can be a rewarding experience for those who appreciate the city’s cultural diversity, natural beauty, and employment opportunities. However, like any city, there may be some challenges to navigate. Being a worker in Salinas provides several protections under California law. Still, employment law is complex and constantly evolving, covering a wide range of issues related to the workplace, such as:

• Discrimination and harassment
• Wrongful termination
• Workplace retaliation
• Wage and hour disputes
• Employment contracts

Dedicated Support From Experienced California Employment Lawyers

At Maison Law, we believe in providing our clients, in Salinas and throughout California, with personalized and compassionate legal representation. We understand that each case is unique, and we take the time to listen to your concerns, answer your questions, and develop a legal strategy that is tailored to your specific needs and goals. Our team of experienced California employment lawyers is dedicated to achieving the best possible outcome for your case, and we are always available to provide guidance and support throughout the legal process. To get started, contact us today for a free consultation.

Understanding the Workforce in Salinas

Living and working in Salinas is a unique experience, even in California. With its location in central California, Salinas has several attractive options for its population or those looking to move to the area. Cultural diversity, natural beauty, and employment opportunities are among the most attractive features of the city, which has a population of around 155,000 people. The economy in Salnias is driven by the agriculture industry, thanks in large part to its location and climate. Fruits and vegetables make up the lion’s share of cash crops in the city and surrounding area, but like many other cities, there are a variety of different industries that make up the bulk of the workforce in Salinas. Much like its population, the workforce in Salinas is also diverse. There are many different types of jobs available across a range of industries. In addition to agricultural workers, the city has growing industries in:

• Healthcare
• Education
• Technology
• Tourism
• Manufacturing
• Service
• Hospitality

While the city has a fairly steady workforce, every employment situation is unique. Circumstances can change abruptly while working in Salinas, or anywhere else in California for that matter. Typically, this results in violations of your workplace rights and protections.

How Employment Law Applies in Salinas

Like every other city in California, the state’s various laws and regulations apply across the board in Salinas. However, there are some unique aspects of the Salinas workforce and economy that can impact how employment law is interpreted and enforced in the city. One of the most significant employment law-related issues in Salinas is related to the city’s large agricultural industry. Many of the workers in this industry are seasonal or temporary employees, and they may be subject to different wage and hour laws than other workers in the city. Additionally, workers in California have historically faced a range of issues related to working conditions, safety, discrimination, harassment, privacy, and wrongful termination.

Discrimination and Harassment

The California Fair Employment and Housing Act (FEHA) is the main California law that protects workers from discrimination and harassment in the workplace. Specifically, the FEHA forbids employers from discriminating against or harassing their workers based on a number of different protected characteristics such as:

• Age
• Race
• Religion
• Color
• National Origin
• Ancestry
• Sexual Orientation
• Sex
• Gender
• Gender Identity or Expression
• Physical or Mental Disability
• Medical Condition

The FEHA also provides protection against workplace harassment, hostile work environments, and retaliation. Any separation of your employment due to one of these characteristics or activities falls under “wrongful termination” claims.

Whistleblower Protection Act (WPA)

Salinas workers, especially in its agriculture or other labor-intensive industries frequently work in harsh, sometimes dangerous conditions. Thus, California’s Whistleblower Protection Act (WPA) is one of the most important legal protections for these and other workers in the city. The WPA protects employees that engage in “whistleblowing”, or reporting illegal conduct by their employer. While most commonly associated with labor industries, the WPA applies to any workplace in California. Additionally, the WPA applies to any worker, regardless of their position or status. Some of the more common types of whistleblowing in Salinas include:

• Reporting violations of environmental laws and regulations, such as dumping hazardous waste into rivers or illegally disposing of chemicals.
• Reporting misconduct or illegal activities in the healthcare industry, such as Medicare fraud or patient mistreatment.
• Reporting fraud, embezzlement, or other financial irregularities within a company or organization.
• Reporting safety violations or hazards in the workplace, such as unsafe working conditions or failure to follow safety protocols.
• Reporting deceptive business practices or other misconduct that harms consumers, such as false advertising or selling unsafe products.
• Reporting illegal or unethical activities within government agencies, such as corruption, abuse of power, or misuse of public funds.

Like the FEHA, the WPA protects workers from retaliation by their employers.  Workplace retaliation can take a variety of different forms, but usually includes:

• Termination or demotion
• Reassignment or transfer
• Reduction in pay or benefits
• Increased scrutiny or negative performance evaluations
• Intimidation or harassment
• Blacklisting
• Adverse scheduling or job assignments

Wage and Hour Laws

California law is very specific about how you are supposed to be paid and the hours you work. This section of the law, known as California’s wage and hour laws, includes:

• Being provided overtime pay
• Being paid minimum wage
• Being given your final paycheck after termination on time
• Being provided with meal and rest breaks
• Being provided with Workers’ Compensation Insurance
• Being properly classified as exempt or nonexempt

When these laws are violated, California gives workers the opportunity to file a claim against their employer to recover these unpaid or misappropriated wages.

Breach of Contract Laws

Every worker in California is employed by a contract, whether written or implied. These contracts, officially known as employment agreements, establish the terms and conditions of the employment relationship. While the specific provisions of an employment contract may vary depending on the nature of the job and the needs of the employer and employee, some common provisions include:

• Job title and duties
• Compensation
• Benefits
• Work schedule
• Termination
• Non-disclosure and non-compete clauses
• Intellectual property
• Dispute resolution

Standard Phases of a Salinas Employment Law Claim

While every employment situation in Salinas is different, there is a standard procedure for bringing an employment law claim against your employer when you feel that your workplace rights have been violated. Depending on which rights are violated, the procedure differs slightly in the beginning. However, the ultimate goal of bringing a claim against your employer is to hold them accountable for their actions and to help you recover available benefits and support. Here is a closer look at the standard phases of an employment law claim in Salinas that our team of experienced lawyers can help you navigate:

• Pre-suit investigation – This phase involves gathering evidence and determining whether there is a legal basis for the claim. Our team can assist you with this step, but as an employee in Salinas, you likely have a viable claim if it’s determined that your employer broke the law. Once that is established, our team can direct you to the proper agency to file your claim with. In California, this could be the Department of Fair Employment and Housing (DFEH), the Labor Commissioner’s Office, or another agency.
• Filing the claim – Once the decision is made to pursue a claim, you must file a complaint with the appropriate agency or court, depending on the nature of the claim. For example, discrimination claims may be filed with the DFEH or the EEOC, while wage and hour claims may be filed with the California Labor Commissioner. Once the administrative claim is complete, you can then proceed to filing a lawsuit in civil court.
• Discovery – This phase involves exchanging information and evidence between the parties. This may include interrogatories (written questions), requests for the production of documents, and depositions (oral testimony under oath). It’s important to be patient once you reach the discovery phase, as it can take months or even years to conclude.
• Settlement negotiations – Prior to trial, the parties may engage in settlement negotiations to resolve the claim without going to court. This can happen at any point in litigation but typically is most fruitful during court-ordered mediation, where both sides meet and negotiate with an impartial mediator guiding the proceedings.
• Trial – If a settlement is not reached, the case may proceed to trial. At trial, you (the plaintiff) must prove your case by presenting evidence and witnesses.

Again, employment law claims can be complex and time-consuming. Further, the specific phases and procedures also vary depending on the nature of your claim. Thus, it’s important to work with experienced California employment lawyers who can help you navigate these complexities and provide you with support to sustain the claim.

Contact Our Dedicated Salinas Employment Lawyers Today

When you work in Salinas, no matter what your job is, you have certain rights and protections under the law. When these rights are violated, our team of experienced and dedicated California employment lawyers can help. We take pride in our client-specific approach, and will keep you informed, validated, and supported every step of the way. Standing up to your employer requires courage and fortitude, but at Maison Law, we can make a difficult situation much easier on you. Don’t hesitate to contact us for a free consultation if you believe your workplace rights have been violated.