California Employment Law
If your employer has engaged in illegal labor practices that have negatively impacted you, there’s a chance you have an employment law claim. Call employment law firm Setareh Law Group to be represented by the best California employment lawyers! At Setareh Law, our California employment attorneys work tirelessly and effectively to ensure that businesses follow the law and that we achieve the best possible outcomes for our clients. If you feel overwhelmed by the world of California employment law, read our detailed responses to some frequently asked questions below.
FAQ #1: What breaks am I entitled to under California law and can I sue my employer if they don’t provide them?
California employment law provides meal and rest break protections for non-exempt hourly employees. If you’re in this category, your employer must provide you with a thirty-minute uninterrupted, duty-free meal break for every five hours of work. This means you must be clocked out and do no work for thirty minutes before your sixth hour of work and again five hours later. However, employers and employees may contract around this requirement to an extent.
Next, non-exempt hourly employees are entitled to paid, off-duty, ten-minute rest breaks for every four hours of work. Failure to provide either meal or rest breaks, interrupting meal or rest breaks, or making the employee take their breaks late is grounds for a lawsuit. Therefore, if your employer is not providing proper meal and rest breaks, you may be able to sue, so it is advised to call the California employment lawyers at Setareh Law Group.
FAQ #2: Was it legal for my employer to fire me without any notice?
Probably. Like most legal questions, this one is not always clear, so it is important to get advice from employment lawyers. The general rule in California employment law is that employees work “at-will,” meaning they can quit or be fired at any time for any reason. Because this is the standard, it is usually legal for an employer to terminate an employee without any notice. But like most rules, there are exceptions. If the employer is terminating a large portion of its workforce at the same time, notice may be required under California law. Additionally, if your employment contract requires your termination be “for cause,” you may have an employment claim.
FAQ #3: Can my employer punish me for complaining about company policy violations?
While it is illegal to punish employees for complaining about violations of the law, it is not illegal to do so for violations purely of company policy. For example, if a company has a policy to give employees one-hour meal breaks every day, and an employee is let go after complaining that his meal breaks were only 45 minutes long, he would not have a legal claim. However, if the policy were to give 30-minute meal breaks, and the complaint was that the breaks were only 20 minutes, there may be a claim because California employment law, like that company policy, requires 30-minute meal breaks. Contact employment lawyers at Setareh Law Group to determine which way your circumstances fall.
FAQ #4: What makes a good wrongful termination lawsuit?
A wrongful termination lawsuit under California employment law usually consists of: discrimination, harassment, or retaliation. The law protects workers against workplace discrimination and harassment based on protected characteristics like race, ethnicity, age, sex, and more. It also extends protections to whistleblowers, or people who complain about the company’s legal violations to either their supervisors or to a government agency. If any of these circumstances applies to you, you may have a viable wrongful termination claim.
FAQ #5: Is my employer allowed to run a background check on me?
California and Federal law both regulate background checks that employers run on prospective employees. It is legal for employers to run background checks, but many of the intricacies of the consumer reporting system are governed by state and federal law. This includes what language is allowed on forms employees sign authorizing background checks to be run. Setareh Law Group’s employment attorneys are experts in identifying authorizations that are not up to the legal standard, and helping workers recover from employers who use these subpar forms.
FAQ #6: How long does an employment lawsuit take?
The California employment litigation process can be tedious and long. Often, trial dates aren’t set for two or more years from the date the lawsuit begins, and a lot of litigation between opposing parties and in front of the judge happens in between that time. It is important to enter wrongful termination cases with patience so as to avoid frustration. Simply navigating the court procedures and steps of a lawsuit is overwhelming. Remind yourself that practiced California employment lawyers have done this many times before and can help you feel secure about your case, the entire way through.
Call Setareh Law Group Today!
If these FAQs helped you identify an employment issue, or if you have further questions about your own situation, give the expert California employment lawyers at Setareh Law Group a call for a free consultation!