Articles Posted in Wrongful Termination

shutterstock_1139941481-300x160Many employees feel it is their responsibility to act or “blow the whistle” when their employer engages in unethical or illegal practices. California Law protects these employees. Unfortunately, the law cannot prevent employers from retaliating against whistleblowers. You can pursue financial compensation by enlisting the help of a workplace retaliation lawyer if you were forced to resign, fired, or otherwise mistreated. These are a few tips that can help you document a retaliation lawsuit against your employer under the stipulations of California employment law.

Save All Communication and Correspondence

If you suspect you are a victim of workplace retaliation, you should save all forms of correspondence and communication between your supervisor, potential witnesses, and anyone else that may play a role in your lawsuit later. You would want to save voicemails, text messages, and emails among other correspondence that indicates retaliation against you.

shutterstock_11485384341-300x200All employers in California are obligated to pay their employees according to certain legal standards. Employees that are paid an illegally low wage or not paid in full can seek compensation in court. However, you should have a clear understanding of all the possible types of compensation before you file a complaint against your employer. It’s recommended that you consult with an employment lawyer for a better understanding of the minimum wage requirements and legal compensation rules applicable to you.
Employers in California are required to do the following:

1. Minimum wage: Least minimum wage as of January 1st, 2022 is $14 an hour for companies that have less than 26 workers and $15 an hour for others. There are specific cities in California that are required by law to have a higher minimum wage than the state requirement.
2. Overtime pay: Non-exempt employees need to be paid overtime for any hours they work exceeding 8 hours in a single workday and 40 hours in a workweek. The stipulated overtime rate is 1.5 times the base hourly rate. In addition, employers are also required to pay their employees at 1.5 times the regular rate for the first 8 hours on every 7th consecutive work day in a week.

https://www.consumerattorneyblog.com/wp-content/uploads/sites/132/2022/06/Screen-Shot-2022-06-28-at-10.33.35-PM-300x169.pngAlthough it may be difficult to do, employees have the right to say something when they believe that their employer has violated the law. If the employee has been harassed or mistreated, they should be able to voice their concerns about the employer’s wrongdoing without it impacting them negatively, such as a reduction in hours or outright firing. Fortunately, there are federal and state laws in place to protect workers from retaliation.

Definition of Workplace Retaliation

Employment retaliation occurs after an employee files a formal complaint about the workplace involving discrimination and/or harassment. The employer or company leader then takes negative action against the employee.

shutterstock_1104919763-300x200Losing your job never feels good. When you do leave your post, you want to leave on your turns, but that’s not always possible. Whether it’s personality clashes or miscommunications about performance expectations, there are numerous reasons for your boss to let you go. However, because California is an at-will employment state, you don’t have much recourse unless your termination was based on an illegal reason. Then you may be able to sue your employer for damages; this is the difference between a regular firing and a wrongful termination.

Here are 4 questions to ask that can help determine whether you might be a victim of wrongful termination.

  1. Did your employer breach a contract?
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