Things Your Boss Can’t Legally Do
There are a few things your boss can’t legally do in the state of California. Employees are protected from unfair behavior in the workplace, including discrimination, harassment, wrongful termination, and withholding or failing to pay salaries or wages.
In this article, you will discover four things your boss can’t legally do.
Things Your Boss Can’t Legally Do
Millions of Americans leave their homes and head to work, where they are treated fairly, respected, and appropriately paid for the services they provide.
But not every company believes in using fair procedures and outcomes when it comes to day-to-day operations involving employees. Some employers are more than happy to ignore worker’s rights, putting their workers in dangerous or frustrating situations where they lose out on money, time, sleep, and personal safety.
Problems like these can happen in many forms; however, certain scenarios do seem to play out more often than others. If you have experienced any of the entries found on this list, you may want to consider contacting an employment
Employment lawyers can help with a wide variety of issues but there are several that are more common than others.
Here are the four things your boss can’t legally do.
1. Discrimination
Workplace discrimination occurs any time an employee experiences disrespect as a result of race, skin color, national origin, gender, disability, religion, or age. It can be blatant, such as when your boss calls you a racial slur, or subtle, such as when you are pressured to retire as a direct result of your age.
Discrimination may even sometimes be impossible for the average person to spot, especially when employers actively try to cover their tracks. For example, it is illegal for an employer to refuse to hire someone based on pregnancy. Yet, many employers still do this –– they just give another excuse (e.g, “someone else was more qualified for the position,”) even if it isn’t necessarily true.
The U.S. Equal Employment Opportunity Commission (EEOC) (EEOC) is responsible for enforcing employment discrimination laws. Employment lawyers can help you reach out to them and request action if you believe you have been victimized.
Here are a few related articles you may find helpful:
2. Harassment
Harassment in the workplace can occur in many different forms:
- Sexual: An employee experiences unwanted sexual touching, flirting, or advances from another worker or a boss. Or, they may be asked to provide sexual favors in exchange for workplace benefits. The latter of these is called “quid pro quo harassment” specifically.
- Physical: An employee is pushed, shoved, or struck by another coworker, a manager, or a boss while on duty. This category can also include feeling intimidated by someone who is posturing in a threatening manner.
- Mental/Emotional: An employee is called names (e.g., “stupid” “moron” “useless idiot”). This may also include extreme forms of bullying and other forms of discrimination, such as racism, homophobia, or bigotry.
- Hostile Work Environment: When other forms of harassment lead someone to experience constant hostility in the workplace, special rules apply. This is outlined under Government Code 12940 GC.5. However, the behavior or experience must be “severe and pervasive” in order to qualify.
Both the EEOC and California’s Fair Employment and Housing Act protect employees from harassment of any type in the workplace. The laws they are responsible for enforcing also prevent employers from retaliating against you if you make a complaint or sue for compensation due to harassment.
Related: Find a Los Angeles Sexual Harassment Lawyer
3. Wrongful Termination
In California, employers do have the right to terminate you if they have a legitimate reason that falls within the scope of your position. For example, if you refuse to show up for work and never let the employer know why, they can fire you for failure to complete your duties. Because California is an “at-will” state, this can occur at any point in time regardless of how long you have been working for them.
But that doesn’t mean employers can fire you for any reason at all. Depending on the circumstances, some of the reasons they give may qualify as wrongful termination.
- Contract Issues: Employers are not permitted to fire you for any reason that violates the contract you signed when you are first hired. For example, if your original contract states your pay as $20/hour, an employer cannot cut your pay to $15 and then fire you for refusing to work for the lower amount.
- Discrimination: An employer cannot fire you for any reason related to a protected status or class (e.g., race, sexual orientation, gender, or age). For example, your boss cannot fire you after discovering that you are gay. It is important to note that you must be able to prove the connection.
- Retaliation: Your boss cannot fire you for exercising your rights and/or engaging a legal process. For example, you cannot be fired for filing a lawsuit against your employer for unpaid wages, discrimination, or some other form of loss and/or harm. If you are fired shortly after making a complaint or experiencing some kind of issue relates to worker’s rights, this might apply.
Related: Find A Wrongful Termination Lawyer In Los Angeles
4. Withholding or Dailing to Pay Salaries or Wages
When you first enter employment, you sign a contract outlining your duties and how much the employer will compensate you for completing them. If the employer later refuses or neglects to pay you they are in violation of California’s labor laws.
Note that failure to pay may be purposeful (e.g., an employer refuses to pay you because they are trying to punish you) or indirect (e.g, an employer cannot afford to pay you, and so your check never arrives). In either case, it is inexcusable and you reserve the right to file a complaint or sue the employer for it.
The only exception to this rule exists where a business declares bankruptcy; regulations require that any assets be liquified and then paid in a highly specific order. Sadly, employees often fall last or close to last on this list.
Unfortunately, there is no “fast” way to seek a resolution for failure to pay. You will need to gather proof of promised compensation (e.g., your original employment contract and/or paystubs). Then, contact an employment lawyer who can help you identify the best steps to take to find a fix.
Related: Find A California Wage and Hour Law Attorney
How to Find a Lawyer Near You
Finding a lawyer near you doesn’t have to be difficult.
The SFVBA Attorney Referral Service is certified by the State Bar of California and helps people find the right lawyer for their needs. Give us a call and tell us about your legal matter. Our friendly staff will assess the legal matter and help connect you with the best of over 150 well-established attorneys in Los Angeles County.
Conclusion
Now that you know about some of the things your boss can’t legally do at work, you can decide whether or not you may have a legal matter to resolve.
If you believe you have been victimized in some way by your employer, the most important step you can take is to reach out to a lawyer. Doing so right away will give you the best chance for success.
Remember: you have rights, including the right to avoid retaliation for standing up for yourself. The right attorney can help ensure you navigate this complex system right.
Are you in search for a certified attorney to represent you?
Let us help you find one today!