Can Workplace Retaliation Happen Without Being Fired?
Can Workplace Retaliation Happen Without Being Fired? Yes. Workplace retaliation can happen without being fired. Termination is only one possible retaliatory action. An employer may also punish an employee through a demotion, pay cut, reduced hours, undesirable transfer, unfair discipline, denied promotion, hostile treatment, or threats after the employee exercises a legally protected workplace right. […]
How Do You Prove Workplace Retaliation in California?
How Do You Prove Workplace Retaliation in California? Reporting a workplace problem to human resources does not automatically protect an employee from every future disciplinary action. A California employer may still terminate an employee for a legitimate and unrelated reason. However, firing, demoting, reducing hours, or otherwise punishing someone because they made a legally protected […]
Can You Be Fired After Complaining to HR in California?
Can You Be Fired After Complaining to HR in California? Reporting a workplace problem to human resources does not automatically protect an employee from every future disciplinary action. A California employer may still terminate an employee for a legitimate and unrelated reason. However, firing, demoting, reducing hours, or otherwise punishing someone because they made a […]
What Qualifies as Wrongful Termination in California?
What Qualifies as Wrongful Termination in California? Losing a job can feel unfair, but not every unfair dismissal is legally wrongful. Wrongful termination in California generally occurs when an employer fires an employee for a reason prohibited by Law, contrary to an employment agreement, or in violation of public policy. Common examples include discriminatory firing, […]
Fired After Reporting Illegal Conduct in California? Whistleblower Retaliation Rights
Fired After Reporting Illegal Conduct? California Whistleblower Retaliation Rights If you reported something illegal at work and were fired soon after, you may have a California whistleblower retaliation claim. Many employees assume they are powerless because California is an “at-will” employment state. But at-will employment does not give an employer the right to fire someone […]
Misclassified as a 1099 Contractor in California? You May Be an Employee
Misclassified as a 1099 Contractor in California? You May Actually Be an Employee Your employer may call you a “1099 contractor.” They may make you sign an independent contractor agreement. They may tell you that you are “self-employed,” that you are “not on payroll,” or that you are “responsible for your own taxes.” But in […]
Sexual Harassment in California: Texts, Videos, Remote Work, and Employee Rights
Sexual Harassment in California: Texts, Videos, Remote Work, and Workplace Rights Sexual harassment does not have to happen behind a closed office door to be illegal. It can happen through text messages. It can happen on Zoom. It can happen through videos, memes, DMs, Slack, Teams, email, social media, shared photos, comments during virtual meetings, […]
California Caregiver Rights: When Sleep Time Must Be Paid
Caregiver Rights in California: When Sleep Time Must Be Paid Many caregivers are told the same thing: “You can sleep during the overnight shift, so we do not have to pay you for those hours.” That is not always true. In California, caregivers, home care workers, personal attendants, and live-in domestic workers may be entitled […]
California Regular Rate: Bonuses and Commissions Must Be Included in Overtime and Meal Break Premiums
Your Overtime and Meal Break Premiums May Be Too Low Here is the hidden wage issue many California employees never notice: your employer may be paying you overtime, meal break premiums, and rest break premiums—but still paying them wrong. If you earn commissions, bonuses, shift differentials, incentive pay, piece-rate pay, production bonuses, attendance bonuses, or […]
Employer’s Duty to Engage in the Interactive Process in California
Employer’s Duty to Engage in the Interactive Process in California If you told your employer you needed help because of a medical condition, disability, injury, pregnancy-related condition, mental health condition, or work restriction, your employer may have had a legal duty to do more than simply say “no.” In California, employers generally must engage in […]