Californians working in every employment sector should know the employment laws in place to protect their interests. Employers and employees have rights and responsibilities under California state law, and disputes between employees and their employers can arise for many reasons. If you believe you have encountered any legal situation with your employer, it’s vital to find an experienced employment law attorney who can represent you and help you navigate the legal channels available for addressing your situation.
Employment law is relatively broad. The attorneys at Fishman Larsen Callister have many years of experience successfully representing clients in a wide variety of employment law cases. Our firm can assist you with any legal disputes that may arise between you and your employer and help you approach your case with confidence. We also provide legal counsel to employers to ensure they meet their obligations under federal and California state laws.
What Does Employment Law Include?
The term “employment law” can apply to virtually any legal situation involving an employment-related dispute. Some of the most commonly filed cases in California employment law pertain to:
- Workplace discrimination. The laws set forth by the Equal Employment Opportunity Commission (EEOC) of the United States ensure that all Americans have the right to work free from any form of discrimination. Employers may not make hiring, firing, promotion, demotion, or other employment-related decisions based on an employee’s or an applicant’s race, national origin, age, sex, sexual preference, religion, or other protected personal traits. If you have encountered any employment-related discrimination in California, an employment law attorney can guide you through the EEOC discrimination claim process and help you hold the employer accountable.
- Workplace harassment. Unfortunately, many California employees experience harassment of various kinds in their workplaces. Some employees experience harassment from their employers, while others endure it from coworkers. No harassment is acceptable under the EEOC’s regulations. If you have experienced sexual harassment, or if others in your workplace have created a hostile or unwelcome work environment due to your protected personal traits and have interfered with your ability to do your job, you have the right to pursue an EEOC workplace harassment claim.
- Background checks. California employers have the right to conduct background checks on their employees with some restrictions. Typically, an employer can only conduct a background check to confirm the employee can handle their job duties and does not pose any risk to themselves, their coworkers, or customers, or clients of the business. A typical background check may include a criminal history check or a child abuse history check if the applicant will be working in any capacity that involves proximity to children. Employers may also conduct drug and alcohol screenings. They cannot, however, perform income history checks. This restriction ensures employees are paid fairly for their work and not offered lowball wages based on what they earned in previous jobs; however similar they may be to their new positions.
- Paid and unpaid leave rights. The EEOC and other government agencies that operate at the federal and state levels provide all employees certain rights regarding paid and unpaid leave. Employers typically stipulate paid leave terms, and employees must agree to these terms to continue employment. However, various government programs exist to manage these situations when it comes to unpaid leave for specific situations, such as a medical emergency or the need to care for a sick or disabled family member. For example, the Family Medical Leave Act (FMLA) ensures that an employee can take unpaid leave to handle a family medical emergency and still have their job when they return. If you believe your employer has violated the terms of the FMLA or otherwise failed to uphold legal paid or unpaid leave standards, a California employment law is your best resource for determining a legal solution.
- Workplace safety standards. Every California employer has a legal duty to ensure their workplaces are free from safety hazards and that all employees have the tools, materials, and safety equipment to perform their jobs as safely as possible. If you have been injured at work and believe your injury occurred because your employer failed to uphold workplace safety standards, you should consult an employment law attorney as soon as possible to determine your best options for legal recourse.
- Reasonable accommodations. Employers in California have legal obligations to provide employees with reasonable accommodations for pregnancy, medical conditions, and disabilities. For example, employers must provide wheelchair access to employees who require the use of wheelchairs. If an employer fails to provide reasonable accommodations or fires an employee who requests such accommodations, an employment attorney can help the employee take appropriate legal action.
- Whistleblower protection. California employees have the right to file reports of employer misconduct or regulatory violations in good faith to the appropriate oversight agencies, such as the Occupational Safety and Health Administration (OSHA). An employer may not fire or otherwise punish any employee who makes a whistleblower report in good faith. If you find yourself in this situation, an employment law attorney can help you take legal action against your employer for their retaliation.
These are only a few examples of the legal situations that might arise between an employee and their employer. Employers in all sectors of the California economy need to uphold their legal obligations and ensure safe workplaces for every employee. When employers fail to create effective workplace safety policies, address employee concerns reasonably, or otherwise fail to uphold their obligations under the EEOC and other government agencies, the employee has the right to pursue legal action against their employer.
What to Expect From an Employment Law Attorney
A good employment law attorney can help an employee navigate the complex legal statutes in place at the federal and state levels when they experience harassment, discrimination, or other mistreatment in their workplaces. The attorneys at Fishman Larsen Callister have extensive experience helping our clients navigate these complicated legal situations and holding non-compliant and negligent employers accountable for the damage they cause. So, if you or a loved one has recently experienced any mistreatment in your workplace that you believe violates federal or state law, contact Fishman Larsen Callister today and schedule a consultation with our team.