One of the challenges workers face when taking on their employer is the wealth of resources companies have at their disposal to deal with legal challenges. Blackstone Law helps level the playing field for you. Our goal is to help shift that balance by providing our clients with our experience in all aspects of employment claims, from negotiating settlements to prevailing in jury trials.
Our commitment to our clients is unwavering, and we will fight to protect your rights. We know the ins and outs of state and federal labor laws and use that knowledge to give you an advantage. The laws that protect employees in California are expansive, something your employer is likely betting you do not know. This is one of the reasons that practical legal guidance is paramount to your success in filing an employment-related claim against your employer and to ensure you make sound and practical decisions.
Some types of employment violations are more extensive or egregious than others, and unsurprisingly, employers hope you are unaware of the laws to protect you from situations like these. Some of the more common types of employment violations include:
While California is an at-will state, some exceptions can result in a successful wrongful dismissal suit. For instance, if you have a contract with your employer (even one that is implied), they cannot terminate you the way that they can an at-will employee with no contract protections. Pursuing a wrongful termination claim may be a possibility if you are a whistleblower (which comes with its own set of protections) or if you have been terminated in violation of the Fair Employment and Housing Act.
California has minimum standards for everything from pay stipulations to required breaks. Your employer must abide by minimum wage laws and provide all non-exempt employees with meal and rest breaks at the appropriate time. Non-exempt employees are also entitled to overtime pay if they work more than eight hours a day or more than 40 hours in a single workweek. Requiring employees to work “off the clock” is another common wage-related violation.
The California Fair Employment and Housing Act protects employees from being harassed in the workplace. This may include sexual harassment, discrimination, and anything perpetuating a hostile work environment.
Family and Medical Leave Violations
California allows employees numerous forms of protection for family and medical leave under state and federal laws. This includes the California Family Rights Act, the Pregnancy Disability Leave Act, and the federal Family and Medical Leave Act. Employers sometimes try to violate employee protections under these laws by denying individuals leave when they have qualifying reasons. Some employers even fail to hold jobs for employees who have taken leave that should be protected under family and medical leave laws.
In most instances, employers are betting on your lack of knowledge regarding these violations. This is one of the reasons we are so committed to helping our clients who have been harmed in the face of employment laws meant to protect them.
California places parameters on the length of time you have to sue your employer for an employment violation. This period depends on the nature of the breach and the circumstances surrounding it. Some of the more common case types and statutes of limitations include:
- Harassment, retaliation, and discrimination: One year
- Breach of contract (oral): Two years
- Breach of contract (written): Four years
- Failure to pay wages: Three years
It is important to note that there are always exceptions, so it is best to seek legal advice if you are considering filing a claim.
There are a lot of unknowns at play when it comes to taking on your employer. We try to make the process as seamless as possible, providing you with updates to your claim as we proceed and giving you sensible legal advice. Our goal is to ensure the best possible outcome for your circumstances. Every employment violation case is different, and we strategize each one depending on what you hope to achieve, and the level of egregiousness displayed by your employer.
When it comes to employment violations, you are not required to take whatever your employer is dishing out. You likely have more options than you realize. Find out for yourself by scheduling a free consultation today. Call us at (310) 956-4054 or reach out online to learn more.