You can sue your employer for any violation of your rights as an employee in California. California law prohibits your employer from discriminating against you, retaliating against you, or acting as a “whistleblower” against your employers’ illegal practices involving violations of wage and hour laws or workplace safety.
The decision to file a lawsuit against your employer is not an easy one to make. Standing up to your employer takes courage, fortitude, and the right team behind you providing support. But it also takes an understanding of what your rights are in the workplace. In California, you have numerous rights and protections in the workplace.
When these rights are violated, your employer needs to be held accountable. Illegal workplace practices are never acceptable, and are certainly reasons to sue your employer for compensation and, hopefully, change.
Maison Law Stands Up For California Employees
Attorney Martin Gasparian and his firm, Maison Law, is proud to stand up for California employees that want to hold their employers accountable for their illegal activities. Our firm was founded on the principle that every employee deserves to have their workplace rights respected, and when they are violated, we’ll be there to help them. To learn more about our process for holding employers accountable, contact us today for a free consultation.
Reasons For Filing a Lawsuit Against My Employer In California
Simply put, you can sue your employer if they violate any California law that applies to the workplace. Most often, these lawsuits fall under the following categories.
Wrongful Termination
Most employees in California are considered to be “at-will” employees, meaning you are free to leave your job at any time and employers are likewise free to fire you at any time without providing a reason. However, this doesn’t mean they can fire you for any reason they like.
Despite “at-will” employment, California law is very clear when it comes to wrongful termination. Wrongful, or unlawful, termination occurs when an employer fires an employee in response to them engaging in any of the following:
- Complaining, reporting, or participating in an investigation about workplace harassment or employment discrimination.
- Requesting “reasonable accommodations” for your disability or religious belief.
- “Whistleblowing”, or reporting violations of law or policy.
Wrongful termination also applies to discrimination under the California Fair Employment and Housing Act (FEHA). The FEHA outlaws discriminaton based on one or multiple of the following characteristics:
- Age
- Disability
- Ethnicity
- Gender
- Sex
- Sexual Orientation
- Race
- Pregnancy
- Military status
- National origin
- Religion or other protected status
- Domestic violence victims
It’s also important to understand that discrimination is outlawed at any point of the employment process, including pre-employment interviews or screenings. Once you feel you are being discriminated against, you can sue your employer.
Wage and Hour Violations
California law specifically outlines how and when an 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 minimum wage
- Failing to pay overtime pay
- Failing to provide lunch and rest breaks
- Failing to provide Workers Compensation Insurance
- Misclassifying your employee status
- Wage theft
Lawsuits for these violations typically can help you recover any lost wages or other “liquidated damages.”
Hostile Work Environment/Retaliation
Another important facet of California law is that it is not limited to termination alone. The law prohibits the employer from retaliating against any employee that reports unlawful activity, such as discrimination, but this extends to any complaint of illegal activity. Basically, retaliation constitutes any of the following actions by the employer:
- Blacklisting
- Demotion
- Engaging in intimidation
- Unfairly disciplining you
- Reducing your pay or work availability
- Denying your benefits
- Denying you overtime pay
- Failing to hire or promote you
Retaliation protection also extends to “whistleblowers.” California’s most general law prohibiting whistleblower retaliation is the Whistleblower Protection Act (WPA), which protects employees that engage in whistleblowing by outlawing illegal retaliation by the employer.
Breach of Contract
California law also covers violations of employment contracts. Every employer-employee relationship is technically a contract, but some are formally written to provide an outline of the terms and conditions of employment, usually including:
- Job Expectations
- Disciplinary Actions
- Wages and Payment
- Working Conditions
- Termination and Severance
When the employer fails to abide by any of the conditions set forth in the contract, they will be considered in breach of it. At that point, you can sue your employer for breach of contract.
Employee Privacy
California law also lists several protections as it relates to employee privacy. Generally speaking, the law covers any of the following workplace scenarios:
- Whether your employer can videotape you in the workplace.
- Whether your employer can monitor employees’ internet usage.
- Whether your employer can ask about job applicants’ criminal records.
- Whether and how your employer can use your medical records and history.
- Drug testing employees and applicants.
- Whether an employer can check your credit rating.
- Your employer’s use and protection of your Social Security Number.
- Your right as an employee to make video recordings of occurrences in the workplace.
Work With Experienced California Employment Lawyers
No matter what grounds you have for a lawsuit, our team of experienced, skilled California employment lawyers at Maison Law will be with you every step of the way to fight for your compensation and protect your rights. We can help you determine what claims you have, as well as handle all the pertinent details to make sure your lawsuit is filed on time. If you would like to set up a free consultation to discuss your options, contact us today.
