When Do You Need a Los Angeles Employment Lawyer?
If you’re questioning your rights as an employee, then it’s important to determine if you need to seek help from a Los Angeles employment lawyer.
Read here for more details.
Introduction
In a perfect world, every workplace would strive to treat their employees fairly, adhering to both state and federal labor laws. The reality, unfortunately, can and often is very different for thousands of Californians each year.
If you’re facing any of the following situations at work, we want you to know that you have options. A Los Angeles employment lawyer can help you fight for and protect your rights.
Unfair Hiring Practices
California is home to some of the strictest hiring laws in the country. These laws essentially restrict employers from certain practices both before and immediately after you are hired. For example, a company cannot ask applicants to reveal a protected status on a job application or within a one-on-one interview.
Furthermore, they must also follow a very specific process if they wish to reject you on the basis of a criminal conviction found within a background search. This includes providing you with a written notice of intent to reject and giving you at least five days to appeal the decision if the discovery is an error.
It is important to note that it can be difficult or downright impossible to spot and prove unfair hiring practices without experience working with the law. Employers may use subversive attempts to hide their practices in an effort to cover their tracks. That’s why it’s so important to reach out to a lawyer right after a suspected event.
Harassment
Harassment of any kind – physical, mental, or sexual – is very much illegal. Not only is it a chargeable offense, but it also violates employment law, too, in a variety of ways. Primarily, your employer is required to protect you from all forms of harassment while “on the clock.” An employer who refuses to address complaints about sexual harassment, for example, is essentially complicit in allowing it to happen.
California’s employment laws also outline two other distinct forms of harassment within the workplace: “quid pro quo” harassment and “hostile work environment” harassment. The former refers specifically to scenarios where someone in a position of authority (e.g., your boss) solicits sexual favors in exchange for work benefits. The latter, on the other hand, refers to situations where hostility from coworkers, your superiors, or even the public create an abusive working environment.
Not every situation equates to harassment – and this is exactly where things typically get sticky. The law does define a difference between, say, having a loud argument or even outright shouting and true harassment. For this reason, you should always seek a lawyer’s advice if you feel you are facing abuse at work.
ADA Complaints
The Americans with Disabilities Act (ADA) prevents employers from discriminating against an employee on the basis of illness or disability. This includes failing to make spaces accessible or refusing to provide reasonable accommodations. A common example is an employer who refuses to hire someone in a wheelchair due to the perceived cost of installing a ramp and/or providing accessibility tools.
As an employee, you have the right to file a complaint with the ADA anytime you encounter a situation that falls under these parameters. You can do this by calling the ADA at 1-800-514-0301 (voice) or 1-800-514-0383 (TTY).
Unfortunately, employers often fight claims, even if they know they have violated the ADA’s guidelines. Having a lawyer file your complaint, or represent you throughout the claims process, can help ensure your rights are protected.
Wrongful Dismissal
California is an at-will state, meaning that employers have the right to terminate your employment at any time and for any reason. However, there are restrictions on how the term “at-will” is applied. Your employer still cannot fire you for any reason that violates state or federal laws – this is considered wrongful dismissal.
The most obvious example of this is discrimination. The company you work for cannot fire you because of your race, religion, sex, gender, or religion. But in the state of California, wrongful termination also includes:
- Violation of contractual terms (implied or otherwise)
- Violation of public policy
- Retaliation for whistleblowing
- Retaliation for exercising your rights
- Retaliation for workers compensation claims
- Retaliation for reporting dangerous working conditions
- Retaliation for exercising FMLA or CFRA rights
- Any other reason in violation of the WARN Act
If you believe you were wrongfully terminated, it is very important that you contact a lawyer right away for help. You may be entitled to compensation – but you may also be able to get your position back, if that’s something you’re interested in.
Employee Misclassification
In the state of California, strict laws designate the difference between an employee and an independent contractor. For example, you can only be declared an independent contractor if you meet three specific criteria:
- The work you do is outside the usual scope of business and/or day-to-day operations. For example, you are an IT specialist helping a bakery manage their computer systems temporarily.
- You run an independent business (e.g., a sole proprietorship or LLC) that specializes in the services rendered. This means you cannot agree to suddenly become a contractor just to fill the business’s needs.
- The employer does not designate when you work, how you get the work done, or even how the work proceeds. You are free to complete the work as you see fit, just as any other business providing a service would.
This designation is important for several reasons. First, employees have significantly more protection in the workplace. Contractors, on the other hand, are only protected from contract violations – and even then the only recourse is a civil suit. Employers often find contractors cheaper, too, as they aren’t required to pay them benefits or invest in their long-term success.
Unfortunately, this is also exactly why some employers take advantage of the system by intentionally misclassifying their employees. One common example of this is when an employer threatens to fire you entirely if you don’t agree to switch to contract work. But intentional misclassification can also include seeking out contractors to fill everyday needs, too – or suddenly making demands on how and when you complete any assigned contractual work.
Conclusion
The most important advice anyone can give you about when to call a Los Angeles employment lawyer is this: trust your gut. If you feel something isn’t right, or your instincts tell you an employer is taking advantage of you, make the call. It’s far better to learn you are wrong than to discover your rights were repeatedly violated later on.
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