Stockton Employment Lawyer

Stockton Employment Attorney

Stockton, California, is home to a wide range of industries, including agriculture, healthcare, manufacturing, and other forms of commerce. Any worker in Stockton who experiences a toxic or discriminatory workplace understands how emotionally draining and harmful that environment can be. Thankfully, state and federal laws grant workers important rights. When those rights are violated, the victims can take legal action with the help of a Stockton employment lawyer.

Examples of Workplace Behavior That Can Result in Legal Action

California workers are afforded broad protections under state and federal law. For example, the Family and Medical Leave Act allows workers to take up to 12 weeks of leave for childbirth, pregnancy, medical care, disability leave, and adoption. The following types of actions or behaviors at work are prohibited under state and federal law:

• Discrimination: No worker can be singled out or discriminated against due to their protected characteristic. Sex, gender, gender expression, origin, race, and religion are just a few of the protected characteristics in California. Any employer who shows bias for or against a worker due to these characteristics could face legal troubles.
• Overtime violations: The vast majority of workers in California qualify for overtime pay. Non-exempt employees are entitled to overtime pay at one and a half times their regular rate for hours worked beyond eight in a day. Failure by an employer to comply with these laws can result in a legal claim.
• Sexual Harassment: Sexual harassment may come in one of two forms. A hostile work environment is one form. For example, when someone repeatedly makes inappropriate sexual comments to a worker day after day, that constitutes hostile work environment harassment. Another form of harassment is quid pro quo, meaning “this for that.” With this type, a superior might threaten to demote or fire an employee if they don’t fulfill their sexual requests. They could also reward an employee with something like a raise or promotion if they comply.
• Wrongful termination: California is an at-will state, meaning that employers have the option to terminate employees without cause. There are exceptions to this rule, though. No employee can be fired due to their protected characteristics or for engaging in protected activities. Termination in violation of a contract is also unlawful.
• Wage violations: Wage violations are a serious matter in California. Disputes over payment and wages are among the most common causes of employment litigation. If you completed work and were not compensated for your labor, a labor law attorney can work to help you receive the compensation you deserve.

No employer can retaliate against you for protecting your own rights. If you are the victim of workplace retaliation in Stockton, California, you can consult with employment lawyers who can provide assistance.

What Should I Do After My Workers’ Rights Are Violated?

Before you take legal action against the at-fault party, it is important to first notify your employer of the violation of your rights. This can be done by clearly communicating with your employer, preferably in a documented conversation.

Tell your supervisor about the workplace violation and ask that they promptly handle the situation. If needed, raise the issue with your HR department or whoever is above your boss in the company’s chain of command. If your superiors still refuse to address the problem, you can consult with an attorney.

Your attorney can negotiate a settlement on your behalf. Managers and business owners are more likely to take a demand letter from an attorney seriously, and your lawyer can represent you in court if legal action is warranted. If litigation is needed, your attorney can handle the filings and represent you in hearings and settlement negotiations. The majority of claims are resolved outside of court through a settlement offer.

FAQs

Q: How Much Does an Employment Lawyer Cost in California?

A: An employment lawyer’s costs may vary, and they can work on an hourly, flat-fee, or contingency basis. The goal of any payment arrangement is to reimburse the lawyer for their time and efforts without putting you in financial jeopardy. If you work with an attorney on a contingency basis, they will be paid a percentage of any award or settlement that you receive.

Q: What Are My Rights as an Employee in California?

A: Regardless of where you were born or what your immigration status is, you have many rights as an employee in California. These include the right to minimum wage pay and overtime. Depending on how many hours you work, you also likely have paid rest time.

You also have the right to work in a safe environment where you can work free from the threat of danger, workplace harassment, or retaliation. Any violation of these rights may prompt you to hire an attorney who can take legal action on your behalf.

Q: What Is the Family and Medical Leave Act?

A: The Family and Medical Leave Act is a federal law. The act protects eligible workers who take unpaid time off for specific family and medical reasons. These reasons include the birth or adoption of a child, caring for a family member with a serious health condition, or undergoing medical treatments, among other qualified reasons. Any infringement on these rights could cause serious legal problems for an employer.

Q: How Much Can You Sue for Wrongful Termination in California?

A: In California, the amount you can sue for wrongful termination varies widely depending on the specifics of the case, the nature of the termination, and the damages sought. Compensation often includes lost wages, benefits, emotional distress, and sometimes punitive damages. An attorney can help you determine what may be included in the final settlement.

Schedule Your Stockton Employment Law Consultation Today

Workplace misconduct is unacceptable in California. When certain individuals engage in workplace harassment, wage violations, or other unlawful acts, the consequences for victims can be immediate. If you suffered emotional or financial harm due to someone else’s actions, you should not have to suffer the consequences.

At Asbill Law Group, our attorneys take workplace violations seriously. We understand the state and federal laws that protect workers from unlawful acts and misconduct. With an attorney by your side, you can reclaim lost wages and potential punitive damages. To learn how we can assist you, please contact our office today to schedule your consultation.