What Laws Protect You as an Employee in Stockton?
Employers often act in an unfair and harsh manner towards their employees. Unfortunately, not all such behavior is necessarily illegal. But here are a few examples of where an employer does cross the line and our employment lawyers can represent you:
- Wage and Hour Claims: California law requires your employer to pay you for every minute of work performed. This includes protection against unpaid hours (such as being forced to work “off the clock” before or after your shift). You must be paid at least the current state and local minimum wage, and you must receive overtime pay (time-and-a-half) if you work more than a specified number of hours during a given pay period. State law also guarantees your right to certain rest and meal breaks based on the length of your shift.
- Discrimination and Harassment: Civil rights laws protect employees and job applicants from discrimination in employment on the basis of several protected characteristics, such as race, sex, gender, national or ethnic origin, sexual orientation, religion, disability, pregnancy, and age. This legal protection extends to the most severe forms of misconduct, including sexual assault and physical battery in the workplace. An employer cannot base any employment-related decision on a person’s membership in a protected class. Nor can an employer create, facilitate, or tolerate a climate of harassment that targets an employee based on their membership in a protected class.
- Pay Stub Violations: Under California Labor Code Section 226, you have a right to an accurate, itemized wage statement every pay period. A violation occurs if your employer fails to clearly list gross wages, total hours worked, all deductions, and the legal name of the entity. Furthermore, employers are subject to strict record-keeping requirements; they must maintain accurate payroll records and provide you access to your personnel files upon request. These documentation errors are often signs of deeper, systemic wage theft.
- Retaliation and Wrongful Termination: While employers have broad discretion to terminate an employee at-will, it is against the law to fire someone because they exercised their rights under the law. This includes filing a claim of discrimination or harassment, engaging in protected “whistleblower” activities, or taking family and medical leave.
In addition to taking legal action against an employer, we can also assist you in negotiating an employment contract with a potential employer. An employment contract can give you additional protections against arbitrary, capricious, or unfair actions by an employer. For instance, if an employer fires you in violation of the terms of your employment agreement, you can pursue a breach of contract lawsuit in addition to any claims you might have under California employment discrimination or wrongful termination laws.
Contact Our Stockton Employment Lawyers Today
Many California employees fail to take action with respect to an employer’s illegal actions simply because those workers do not take the time to speak with an attorney. When these violations impact multiple workers simultaneously, filing an employment class action can be a powerful way to seek justice and hold an organization accountable. At Venardi Zurada, our Stockton employment lawyers are here to listen, advise, and help. We handle most employment law cases on a contingency-fee basis, which means we will not collect a fee unless we recover compensation for you. So call us today at (833) VZ FOR ME to schedule a free confidential consultation.
