Losing your job typically brings an entirely different level of stress and anxiety for you and your family. Working in Tulare provides you with many things, like financial stability, purpose, and socialization. When your employment ends, all of these things are taken away. While this situation is never ideal, sometimes your employer will end your employment for illegal reasons. California has several legal protections for every employee, so when you feel like your rights have been violated, consider speaking with one of our experienced and knowledgeable employment lawyers at Maison Law.

Our team’s guidance can be crucial if you believe you have suffered any of the following in the workplace:

Wrongful termination
Harassment
Discrimination
Violation of privacy
Violations of your pay or hours

The stress and anxiety that comes with losing your job is very real and not to be taken lightly. Not only are you out of a paycheck, but you will also likely have to deal with emotional and psychological consequences because of your employer’s violation of your legal rights in the workplace.

Free Consultations for Tulare Employees

All of these violations mean that you have the legal right to hold your employer accountable and recover damages. However, our team of California labor and employment lawyers can further explain your full range of legal options and provide you with all-important support and validation to see you through the process.

Working in Tulare

Living and working in Tulare offers many exciting opportunities for people. Centrally located in California and nestled in the heart of the San Joaquin Valley, Tulare is known for having a wide range of different employment options. Because of its location and climate, agriculture and farming are two of the largest employment sectors. In fact, data from the California Employment Development Department (EDD) found that there were over 172,000 people employed throughout Tulare County.

Of this workforce, the following industries are the most represented in Tulare County:

Service providers
Transportation
Agriculture
Mining
Construction
Manufacturing
Education
Healthcare services
Leisure and hospitality services
Government workers

No matter what industry you work in, the state of California recognizes that you have certain rights simply by being a citizen and being employed. Thus, if your employer violates any California law relating to the workplace, you have the legal right to hold them accountable. However, a better understanding of your options should begin with a look at these laws and how they apply in the workplace.

California Law and the Workplace

Because of its extensive legal protections for workers, California has a reputation as being one of the most employee-friendly states in the country. Part of the reason California goes to such lengths to protect its workers is the fact that there are a vast number of different industries and a huge workforce that is made up of a diverse population. With that in mind, let’s take a look at California’s various legal protections under the law for its employees.

Wrongful Termination

In California, the law maintains that your employer cannot fire you for an illegal reason. Legally speaking, this is known as wrongful termination. Usually, this happens when your employer discriminates or retaliates against you because of a certain characteristic you have. The legal framework for this is in the California Fair Employment and Housing Act (FEHA). The FEHA’s anti-discrimination provisions protect you or other certain employees based on any of the 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

The other provision of the FEHA protects you from your employer retaliating against you. Retaliation, at least in terms of the workplace, usually applies in the following situations:

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

When you get fired, especially for an unlawful reason, it can be extremely frustrating and stressful. In these situations, it can feel like you’re alone and nobody is listening to you. At Maison Law, we strive to not only help you understand your legal options, but to give you a sympathetic ear.

Whistleblower Laws

Another one of California’s important employment laws is the Whistleblower Protection Act (WPA). This law gives you the right to reach out to authorities if your employer is engaging in illegal conduct, no matter what it is. Further, it provides you legal protection from retaliation on the part of your employer as punishment for “blowing the whistle” on them.

This is especially important in Tulare, which has a significant number of employees in the manufacturing, construction, and mining industries. These industries have notoriously dangerous working conditions, and safety is paramount.

In practice, a “whistleblower” can cover a wide range of potential activities, but typically 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

Being a whistleblower puts you in a very vulnerable position in the workplace. Not only do you have to deal with possibly dangerous or unsafe working conditions, it’s likely that your employer will try to retaliate against you. That’s why the WPA is in place, to protect you and other employees from unfair or illegal treatment.

Wage and Hour Laws

Another important area of California employment law covers what is known as “wage and hour” laws. Under this section of California’s Labor Code, your employer has certain responsibilities and requirements for how they pay you and the timeframe in which they have to pay you. Specifically, these laws outline protections for you and other employees when your employer:

Fails to pay you minimum wage
Fails to pay you overtime
Fails to pay your final wages on time
Fails to provide you with meal and rest breaks
Fails to provide you with Workers’ Compensation Insurance
Misclassifies your employee status to avoid paying you overtime or other pay

When your employer doesn’t pay you correctly, or worse, intentionally tries to skirt around these laws so that they don’t have to pay you what you’re properly owed, you have the legal right to file a lawsuit or a complaint with California’s Labor Commissioner.

Privacy Laws

Much like your normal right to privacy, you also have the right to privacy in certain situations in the workplace. Under this section of California law, your employer is either prohibited from or can only take the following actions in extremely specific situations:

Recording or videotaping you 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

The law also applies in the reverse, where your right to record or videotape your workplace as a means of documenting harassment or other illegal activity is also protected–in certain situations. It’s important to consider California’s wiretapping and consent laws, so working with our team of experienced employment lawyers can help you understand the limitations of privacy law, as well as how, when and where you can properly document unlawful workplace conduct.

Breach of Contract

Whether it is written or simply implied, every employee-employer relationship in California operates under a contract. Thus, there are various conditions of employment that both sides have to follow. When your employer fails to follow the guidelines that you agreed to in the contract, they will be in breach of it. Usually, this involves the following:

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.

Employment contracts can be confusing, especially when they aren’t written. However, working with our team of experienced California employment lawyers can help flesh out the details and give you a better idea of how to approach a violation by your employer.

What Does An Effective Tulare Employment Law Case Look Like?

Like any case, an effective employment law claim begins with understanding the law and how its protections apply to your specific situation. Our team of experienced and knowledgeable California employment lawyers will not only provide you with this knowledge during your initial consultation but will give you a better idea of what your options are. While this could include filing a lawsuit, it may also involve filing a claim with one of California’s administrative agencies, or simply issuing a formal demand before filing a lawsuit.

No matter what path you choose, recovering compensation in the form of damages requires you to make some sort of claim. In an employment law claim, you can potentially recover the following damages if successful:

Lost wages, including unpaid wages
Back pay
Liquidated damages
Punitive damages
Pain and suffering
Emotional distress
Loss of dignity or enjoyment of life

While recovering money is certainly a practical and rightful step, truly holding your employer accountable means shining a light on their illegal activities. This requires courage and fortitude, as standing up to your employer for their unlawful workplace activities isn’t easy. However, our team will stand with you every step of the way.

Experience and Dedication From Maison Law

At Maison Law, we know how important your job is to you and your family. Providing income and stability are among the most important aspects of any job in Tulare. So when your employer decides to make your life difficult by unlawfully firing you or otherwise retaliating against you simply for standing up for the law, we’ll be by your side to help you hold them accountable.

If you feel you have been illegally fired or your employer has violated any other California employment law, contact us today for a free consultation.

Tulare Employment and Labor Lawyers