If you are wrongfully terminated from your job, it can be a devastating blow to your financial security and ability to find another job. It can be crucial to document the circumstances of the termination in detail, along with saving copies of your performance reviews, any relevant emails, and witness statements. Learning your rights can protect your livelihood.
Workplace Discrimination
Workplace discrimination occurs when an employer treats an employee unfairly or unjustly. This can be for a variety of reasons, such as the employee’s race, gender, religion, disability, sexual orientation, or age. Discrimination can take many forms, including biased hiring practices, unequal pay, denied promotions, or different treatment in disciplinary actions.
California’s Fair Employment and Housing Act and federal laws, such as Title VII of the Civil Rights Act, prohibit such actions. Employers and supervisors have been known to violate both state and federal employment laws. In some cases, discrimination may impact an individual’s income. In others, it may only affect their morale and career trajectory. Common indicators of discrimination include consistently being passed over for opportunities or being held to different standards than their colleagues.
Harassment in the Workplace
Workplace harassment can take many forms beyond an occasional disagreement. It is characterized by unwelcome behavior that creates a hostile or intimidating work environment. Some of the most common types of harassment include sexual harassment, racial slurs, bullying, and retaliation.
In Orange County, employees face harassment in various industries, ranging from healthcare and education to hospitality and technology. California employment laws provide legal protections for employees against harassment from coworkers and supervisors. Harassment can have negative effects on mental health, productivity, and job satisfaction.
Talented employees may be driven away from their jobs due to ongoing harassment. Detailed records of incidents, including dates, witnesses, and communication records, can support a harassment claim and achieve a meaningful resolution.
Wage and Hour Violations
Wage and hour violations occur when an employer fails to follow California or federal pay-and-hours rules. For most non-exempt employees in California, overtime is 1.5× after 8 hours in a workday or 40 hours in a workweek, and 2× after 12 hours in a day. Alternative workweek schedules, CBAs, and exemptions can change how these rules apply.
It’s very common for employers to violate these laws. A recent survey found that 41% of hourly workers in California were affected by a serious labor law violation (such as unpaid wages) in 2023. Orange County employees usually file a wage claim with the Santa Ana Labor Commissioner’s Office at 605 West Santa Ana Blvd, Building 28, Room 625.
Retaliation and Whistleblower Claims
Retaliation happens when an employer takes an adverse action against an employee because the employee has exercised or attempted to exercise their legal rights. This could involve filing a complaint against harassment, discrimination, or health and safety concerns. Retaliation can include demotion, reduced hours, harassment, or termination. California has laws protecting workers who blow the whistle or report unlawful practices (e.g., FEHA, Labor Code).
Retaliation can often be proven if you can demonstrate a cause-and-effect relationship between your protected activity and the adverse action. It is important to keep documentation, such as emails and a timeline of events, as well as statements from witnesses to support your claims. In Orange County public employment cases, appeals or claims may be heard by agencies like PERB (Public Employment Relations Board), which handles local public agency employees in Orange County.
Family and Medical Leave Rights
Federal and California laws require employers to provide time off from work for eligible employees who have a serious need for family or medical leave. The federal Family and Medical Leave Act (FMLA) enables qualifying employees to take unpaid leave for up to 12 weeks annually for serious health issues, for childbirth, or to help a close relative with a serious medical condition, among other reasons.
The California Family Rights Act (CFRA) has similar provisions and gives broader family leave rights, in some respects, by covering additional family members (including domestic partners). Neither law allows an employer to interfere with an employee’s rights or retaliate against an employee for exercising those rights. Leave requirements may be violated when employers:
- Fail to provide leave when it is due.
- Do not reinstate an employee at the end of a leave period.
- Take some form of negative action in response to an employee taking a leave of absence.
Severance and Employment Contracts
Employment contracts and severance agreements often have language that can have a dramatic impact on a worker’s rights. A severance package can include a severance payment, continued benefits, and even a confidentiality agreement. However, an employee should know if signing a severance agreement waives their right to bring a legal claim. California law generally makes non-compete clauses unenforceable; however, they are included in some employment contracts.
Other contracts may waive any dispute resolution except for arbitration and contain restrictive covenants. It is important to read and understand all the language in an employment contract, and not sign something that may impact your future employment and legal rights. Contracts can often be negotiated or, at least, fully understood by the worker to avoid future disputes. An employment attorney can make sure the agreement is a fair balance between the employer and employee.
Employment Retaliation for Reporting Safety Concerns
Employees can report hazardous working conditions without retaliation or threat of retaliation. California Labor Code §6310 explicitly prohibits retaliation against employees who exercise their right to make complaints about unsafe working conditions to their employer or an agency like Cal/OSHA.
Retaliation can take many forms, such as demotion or reassignment with reduced hours. It could also be an employer firing an employee in response to a complaint. This action serves to punish a worker for asserting their rights while simultaneously deterring other employees from reporting workplace safety issues.
Keeping a record of complaints, unsafe conditions, and actions by the employer after a complaint can prove retaliation. Whistleblower protection is an important right, as it allows workers to raise safety issues without fear of losing their jobs.
Employees should feel free to exercise their right to a safe work environment without having to choose between safety and employment. These rights are especially important in high-risk industries, like construction, manufacturing, or healthcare.
Misclassification of Employees as Independent Contractors
The most prevalent wage issue facing California employees is misclassification. A common form of wage theft occurs when employers misclassify workers as independent contractors. This practice allows businesses to avoid paying overtime, providing benefits, or payroll taxes. California has codified a stringent “ABC test” with Assembly Bill 5 (AB5) that makes it more difficult for businesses to misclassify employees.
To be a contractor, the worker must be free of the employer’s control, perform work outside the company’s primary business, and be independent in their work. Misclassification also denies employees access to fundamental rights, such as workers’ compensation, minimum wage, and unemployment benefits.
If you or someone you know is interested in employee rights and wage theft, it’s useful to understand the criteria that legally separate employees from contractors. Most misclassified workers are not aware of their status until they are denied coverage after an injury or termination.
FAQs
What Is a Class Action Employment Case?
A class action employment case is a civil claim filed by or on behalf of a group of workers who have experienced similar violations in the workplace, such as unpaid wages, denied breaks, or systemic discrimination.
Instead of each employee filing a separate claim, the allegations are grouped into one action, streamlining the process and reducing costs. Class actions can remedy widespread illegal practices and may result in compensation, policy changes, and enhanced protections for employees.
What Qualifies as Wrongful Termination in California?
Wrongful termination is the act of firing an employee for an illegal reason, even in California, as an at-will state. It is illegal to fire someone for:
- Discrimination
- Retaliation for reporting safety violations
- Taking advantage of their rights, like family leave
Terminating an employee in violation of an employment contract is also against the law. Employers can end an employee’s term of employment with no cause or reason, but they can’t do so for an unlawful reason.
How Can I Tell If Workplace Harassment Is Illegal?
A hostile workplace environment created by frequent or severe harassment based on race, color, religion, national origin, age, disability, sex, or sexual orientation constitutes illegal harassment. Isolated incidents, petty slights, and offhand comments may not be harassment, but pervasive offensive conduct or unwanted sexual advances usually are.
Harassment from supervisors, coworkers, and non-employees is prohibited under California law. A detailed log of incidents and witnesses can indicate whether behavior meets the legal threshold for harassment.
What Rights Do I Have to Family and Medical Leave?
Employees are entitled to up to 12 weeks of job-protected, unpaid leave under the federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA). This allows employees to care for a serious health condition, bond with a new child, or care for certain family members. Employers are required to restore employees to the same or equivalent job. Denying legitimate requests or retaliating against workers for taking leave may be the basis for a claim.
What Should I Do If My Employer Owes Me Overtime Pay?
California law mandates employers to pay overtime wages to employees who work more than eight hours daily or 40 hours weekly. If your employer refuses to pay, you can file a wage claim with the California Labor Commissioner or hire an Orange County employment attorney to seek other legal remedies. Retain copies of timesheets, pay stubs, and schedules, which can establish your claim. File a wage claim as soon as possible because there are strict time limits under California law.
Contact an Orange County Employment Lawyer
Losing your job or being treated unfairly at work can be overwhelming. Beyond the financial strain, your reputation and future opportunities may also feel at risk. If you’ve been wrongfully terminated, discriminated against, harassed, or denied the pay you’ve earned, it’s hard to know how to respond.
California and federal laws give employees strong protections, and you don’t have to face this alone. Every worker in Orange County deserves respect and a safe workplace. Nosrati Law, A Professional Law Corporation, can advocate for you, safeguard your rights, and hold employers accountable.
If you’ve been mistreated, schedule a consultationwith an Orange County employment lawyer today.
