State and federal employment laws lay out the rights and responsibilities of employers and employees and cover possible disagreements that might arise between past, present and future employer and employee relationships. Both current jobs and new jobs can be significant steps in a person’s career and provide a higher level of work with increased responsibilities and enhanced compensation, benefits and advancement. What can come to issue is conflict between an employer and an employee. Although an employment relationship might start out on a positive note, negative circumstances might develop that an employee has no control over and lead to unpleasant or even unlawful circumstances or the loss of a job. Thousand Oaks employment law attorney Logan Quirk provides knowledgeable and effective representation to employees who have been affected by discriminatory work practices involving the following:
- Age: Terms and conditions of employment can be affected because of advanced age. Age discrimination might be brought to issue in the hiring process or in forcing somebody to retire because of their age.
- Race or National Origin: Victims of racial or ethnic discrimination might not receive equal compensation, benefits or opportunities for advancement within a company. Even simple heckling or jokes are prohibited. Both state and federal laws address racial and ethnic discrimination.
- Religion: Employment laws prohibit discrimination based on religious beliefs or the lack of them. Everybody in California has the right to their own private religious beliefs, so long as they don’t harm somebody else or interfere with a work environment.
- Gender: A person cannot be mistreated in the workplace because of their gender. Gender cannot figure into the hiring or advancement equation either. Different genders must be treated fairly and equally at work, and a person with personality traits that aren’t stereotypically consistent with their gender cannot be discriminated against.
- Sexual Orientation: This is a form of sex discrimination when an employer makes unfair decisions about hiring or an employee’s existing job based on that person’s sexual preference. An employer cannot fire an employee merely for being gay or transgender.
- Family and Medical Leave Act (FMLA): As per California law, an employee is allowed up to 12 weeks of unpaid leave for purposes of specified family or personal health issues. Employers are obligated to notify employees of their FMLA rights. They cannot retaliate against an employee for invoking their rights under the FMLA.
- Americans With Disabilities Act (ADA): Employers are forbidden by the ADA from discriminating against potential or existing employees as a result of actual or perceived physical or mental disabilities who are otherwise able to fulfill the duties of their job description.
- Wrongful Discharge: This can occur when an employee is wrongfully terminated on a discriminatory basis for whistleblowing, filing a workers’ compensation claim or other reasons which contravene existing law or public policy.
- Employment Retaliation: Employees cannot be harassed or discriminated against for assisting state or federal agencies during investigations into allegedly wrongful conduct. This includes whistleblowing.
- Refusal to Participate in Criminal Activity: If an employer asks an employee to violate state or federal criminal laws, and the employee refuses, that employee has a cause of action against the employer is he or she is fired because of that refusal.
- Wage and Hour Laws: Many factors figure into calculating an hourly wage. At a minimum, it’s $10.50 per hour for a California employer with 25 or fewer employees. Statutes and regulations have been put in place for enforcement of California wage and hour laws.
- Equal Pay Act: Employees with the same or similar positions must receive similar compensation and benefits, regardless of their gender. When equal skill, effort and responsibility are required under similar conditions, equal pay is required.
- Hostile Work Environment: The words or actions of a supervisor, manager or even a co-worker can adversely impact the ability of another worker to perform their job. Anybody on a company’s payroll can create a hostile work environment.
Don’t Try to Negotiate an Employment Claim by Yourself:
Employment claims and lawsuits are procedurally confusing and technically difficult. You don’t want to commit an innocent mistake, paint yourself into a corner and bar yourself from being heard. Employers are typically represented by experienced insurance defense lawyers. It’s highly likely that if you’re able to proceed, you’ll be highly outmatched. As you have the burden of proving your claim or lawsuit, you’ll want our respected and aggressive Thousand Oaks employment law attorney working on your behalf to overcome that burden.
Contact a Thousand Oaks Employment Lawyer
Give yourself the best opportunity of obtaining the maximum compensation that state and federal law allow by consulting with and retaining Thousand Oaks employment law lawyer Logan Quirk. Depending on the type of claim that you allege, different filing deadlines apply. If you believe that you’ve been a victim of unfair employment practices, contact our offices right away for a free consultation and case evaluation.