What is Employment Law?
Employment law is vast and governs the relationship between an employee and their employer to ensure a fair, safe, and equitable workforce. Laws are constantly changing, so it is important that you consult with an employment lawyer to understand your rights. Below are some of the most common causes of action and issues in employment law. Contact Marques Legal if you think any of these or other issues apply to you.
Wrongful Termination
Were you fired without a good reason? Or under suspicious circumstances? It might be wrongful. A wrongful termination can also be a layoff or quitting a job. An employer is not safe from a lawsuit simply because you quit a bad job or if they eliminated your position due to company downsizing.
Discrimination
California’s Fair Employment and Housing Act (FEHA) protects employees from illegal discrimination and harassment by employers based on the following protected characteristics: disability, race, sex, gender, gender identity/expression, age (40 and over), religion, sexual orientation, marital status, reproductive health decision-making, and military or veteran status.
Harassment
A hostile work environment may occur when someone at work harasses you based on your protected characteristics. Harassment may include: I’ll do that if you do this for me (quid pro quo), bullying, offensive jokes, inappropriate touching or gestures, and unsolicited romantic advances.
If the alleged harasser is a supervisor, your employer can be strictly liable for the supervisor’s acts. For non-supervisors, your employer may still be liable for failing to prevent harassment after they learn about the harassment and fail to take appropriate action.
Retaliation (includes Whistleblower)
Do you feel like you’ve been treated differently since you reported your boss or company for wrongdoing? If so, you may be the victim of retaliation. There are over 50 laws that prohibit employers for taking adverse action against employees for participating in protected activities, such as complaining about unsafe working conditions, reporting or refusing to participate in unlawful activity, and taking protected leave. Don’t be punished for doing the right thing.
Blacklisting
It is illegal for your previous employer to prevent or attempt to prevent you from getting employment elsewhere by lying or making misrepresentations about you. They already ruined your past. Don’t let them ruin your future.
Reasonable Accommodation
It is unlawful for an employer to fail to engage in a timely, good faith, interactive process to determine if a reasonable accommodation is available.
Employers of five or more employees must provide reasonable accommodation for individuals with a physical or mental disability to apply for jobs and to perform the essential functions of their jobs unless it would cause an undue hardship for your employer. Employers like to hide behind the undue hardship exception. However, it is a factor-based test and often difficult to prove. Don’t let them off the hook that easily.
Severance Agreements
Severance agreements are one-sided because your employer is trying to protect itself and not you. Employers offer a small amount for you to give up the right to sue. If you have a legal claim against your employer and sign the severance agreement, you may be losing out on a significant amount of compensation. Luckily, California law provides you the right to consult an attorney if you are offered a severance agreement. A consultation with Marques Legal is free and worthwhile if you believe you have a legal claim against your employer.
Missing or Incorrect Wages
Wage and Hour laws are designed for you to get paid for every penny of your work. Whether it is for overtime, off-the-clock work, work-related expenses, or missed meal/rest breaks, you should get what you are owed. If there are violations, your employer may owe you penalties as well as lost wages.
Public Employee Discipline
If you are permanent public employee and received a disciplinary notice, Marques Legal can help you defend against the charges at any stage of the disciplinary process, including at the Skelly meeting, arbitration hearing, and/or board hearing.