Employment Law Attorney San Mateo

California law generally favors employees. Employers are, for example, forbidden from discriminating against employees and applicants on several grounds and, often, may not even inquire about such grounds. 

For example, a California employer may not prohibit employees from disclosing, discussing, or asking about their own wages or those of another employee. Nor may the employer take adverse action against any employees who do engage in such conduct. 

There are questions that a potential employer may never legally ask any questions that are just in poor taste. In any case, asking these kinds of questions can tell you a lot about the place you might be working soon. 

Some of the common background information your prospective or current employer may seek includes the following:

• Drug testing applicants of which the applicant must have prior notice.   
• Criminal background information – only if it is job-related and consistent with the necessity of the business. The employer may not consider:
  • arrests that did not result in a conviction, 
  • participation in pre- or post-trial diversion programs 
  • sealed, expunged, or legally eliminated convictions
  • juvenile criminal history
  • non-felony marijuana convictions more than two years old
• In any event, a prospective employer can not request criminal information until a conditional offer gets made. 
• Credit checks, only if required for the position and only if you received prior notice. The applicant must receive notice if adverse action is taken based on the credit check. 

Another strong protection under California law is the protection of whistleblowers. A whistleblower, under the law, is an employee who discloses information about the employer to a government or law enforcement body, a person who has supervisory authority over the employee, or another employee who has the authority to investigate or correct the violation or noncompliance. A whistleblower can also be someone who testifies before a public body conducting an investigation, inquiry, or hearing, where the employee has reasonable cause to believe that the information will disclose:

If an employee meets the whistleblower definition, the employee has protection from an employer doing the following:

• Adopt, make, or enforce any rule or regulation preventing whistleblower activity
• Retaliate against a whistleblower employee
• Retaliate against an employee who refuses to participate in an activity that will result in a violation of a state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation
• Retaliate against an employee for exercising whistleblower rights at a former employer

An employer who violates these protections can be required to reinstate the employee’s job and benefits, pay lost wages, and take other remedial steps.   

Speak with a San Mateo Employment Lawyer

These are only some common issues in employment cases. As you can see, employment law can be complex in California. If you think you have reason to complain about your employer or prospective employer’s behavior, you should contact an employment lawyer in San Mateo as soon as possible. Let us handle your issue with the employer – and any compensation you might deserve – while you continue to live your life.