California workers have many employment rights under state and federal law. If you believe that your employment rights have been violated, it is important to consult with a San Francisco employment attorney as soon as possible. Your employer may attempt to destroy evidence or create a pretext in order to defeat your claim. The sooner you have an attorney on your side, the better protected your legal rights will be.
The law prohibits employment discrimination based upon race, color, religion, sex, and national origin. It is illegal to fire an employee for these reasons. It is also illegal to retaliate against protected whistleblowers by firing them. There are other protections in the law. If you believe you have been wrongfully terminated, it is important to consult with a lawyer about your particular circumstances.
There is no legal requirement for California employers to offer severance pay when a worker is fired. You may, however, be entitled to severance pay under the terms of a union agreement, employment contract, employee handbook, or another document. Employers may also offer severance packages to employees in exchange for a written promise not to sue for wrongful termination. If you are offered such a package, it is important to have an attorney review the agreement. You might be signing away important legal rights.
Workplace discrimination is prohibited under both state and federal laws. This applies to all aspects of the employment relationship: recruitment, hiring decisions, the terms and conditions of employment, disciplinary actions, and termination of the employment relationship. Such decisions cannot be made on the basis of race, color, religion, sex, and national origin. California offers additional protections to a wider range of protected classes. Employers cannot discriminate against a California employer based upon sexual orientation, gender identity, or gender expression.
There are many types of disputes that can arise over the wages you are paid and the hours for which you are compensated. Restaurant workers may be paid less than the minimum wage so long as their tips make up the difference. If tips are not enough to make minimum wage, the restaurant may need to offer additional compensation. Some employers might need a clear demand from an attorney in order to meet this legal obligation.
Hour disputes can also arise over activities that are not considered part of the job but are required. An athlete might have required training sessions or mandatory public appearances. If the athlete’s salary does not cover this time, he or she must be compensated for this time at the current minimum wage.
California employees have many workplace rights, but they must fight to enforce them when an employer tries to violate the law. The San Francisco employment attorneys at Minnis and Smallets will fight for your right to be compensated and hold your employer accountable for violations of employment law. Contact us today to schedule a consultation.