Employment Law FAQs
Wrongful Termination & Retaliation
What is wrongful termination?
Wrongful termination occurs when an employer fires an employee for illegal reasons, such as discrimination, retaliation, or violation of employment contracts.
Can I be fired for reporting illegal activity (whistleblower)?
No. Whistleblower protections prevent employers from retaliating against employees who report illegal or unethical practices.
What is employment retaliation, and am I protected?
Employment retaliation happens when an employer punishes an employee for asserting their rights. You are protected under federal and state laws, and an attorney can help enforce these rights.
Can I get terminated due to illness?
If your illness qualifies under the Family and Medical Leave Act (FMLA), termination is prohibited and may be considered wrongful termination.
Workplace Harassment & Discrimination
What constitutes workplace harassment?
Workplace harassment is unwelcome conduct based on race, gender, religion, disability, or other protected characteristics that creates a hostile work environment.
What is sexual harassment in the workplace?
Sexual harassment includes unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that affects employment conditions.
How do I file a discrimination claim?
You can file a discrimination claim with the Equal Employment Opportunity Commission (EEOC) or a state agency. An attorney can guide you through the process and protect your rights.
How do I file a sexual harassment claim against my boss?
Document every incident, notify HR, and file a claim with the DFEH within 180 days. Keep all evidence, such as emails, texts, or messages, to support your case.
Discrimination by Type
What is age discrimination?
Age discrimination occurs when an employer treats an employee or job applicant unfairly due to their age, typically targeting individuals 40 or older.
What counts as gender or pregnancy discrimination?
Gender discrimination includes unfair treatment based on sex, while pregnancy discrimination involves unfavorable treatment due to pregnancy, childbirth, or related conditions.
How is disability discrimination handled?
Employers must provide reasonable accommodations for employees with disabilities unless it causes undue hardship. Discrimination occurs if accommodations are denied or employees are treated unfairly.
Can I sue for racial, religious, or marital status discrimination?
Yes. Federal and state laws protect employees from discrimination based on race, religion, marital status, and other protected characteristics.
Are companies allowed to have age requirements?
Only in limited industries (e.g., bars or age-restricted venues). Denying employment or terminating someone based solely on age constitutes age discrimination.
Any tips to win a lawsuit against my employer for racial discrimination?
Document all incidents and file a complaint with the Department of Fair Employment and Housing (DFEH) to strengthen your case.
Can I sue HR who discriminated against me during my interview, even though they aren't technically my employer?
Yes. Under EEOC regulations, you can pursue a claim if the hiring manager engaged in discriminatory or inappropriate questioning unrelated to the job.
What are my civil rights as an employee?
Civil rights protections prevent unfair treatment, harassment, or retaliation in the workplace and include rights under federal and state employment laws.
Employee Rights & Compensation
What is the FMLA and am I eligible?
The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid leave for serious health conditions or family care while maintaining job protection.
How do I claim overtime or unpaid wages?
Employees can file a claim with the Department of Labor or consult an attorney to recover unpaid wages, including overtime under the Fair Labor Standards Act (FLSA).
Is overtime pay mandatory?
Yes. Under the FLSA and California labor law, non-exempt and hourly employees must receive overtime pay for hours worked beyond the standard limit.
What are my rights regarding meal and rest breaks?
Many states require employers to provide meal and rest breaks. Violations may entitle employees to compensation.
How do I address labor law violations?
Document the violations and report them to your HR department, a state labor agency, or an employment attorney who can help you enforce your rights.
What should I know about severance packages?
Severance packages are agreements between employers and employees outlining compensation upon termination. An attorney can review the terms to ensure fairness.
Is severance pay required by law?
No. California law does not require employers to offer severance pay. However, if it’s included in your company policy or employment contract, the employer must honor it.
Can I get reimbursed for unused vacation leaves?
Yes. In California, vacation time counts as earned wages and cannot be forfeited. Employers must pay for unused vacation days upon termination or resignation.
How do I know if I’m receiving a fair salary?
If you receive equal pay for substantially similar work regardless of gender, you are being paid fairly. Pay discrepancies based solely on gender violate the Equal Pay Act.
How do I compute my final pay after working three years?
Multiply your monthly salary by 36 (for 36 months of work). Factor in unused leaves, deductions, and benefits to calculate your total final pay.
My former company refused to give me my incentive fee after I resigned. Can I still claim it?
Yes. You are entitled to incentive pay and back wages even after resignation. File a wage and hour claim under the FLSA to recover your compensation.
Employee Rights & Compensation
What is a class action lawsuit in employment law?
A class action lawsuit allows a group of employees with similar claims, such as wage violations or discrimination, to sue the employer collectively.
What is wrongful discharge in violation of public policy?
This occurs when an employee is terminated for reasons that violate public policy, such as refusing to commit illegal acts or reporting safety violations.
What are acceptable reasons for termination?
Acceptable grounds include:
- Poor performance or low productivity
- Dishonesty or misconduct
- Repeated tardiness or absenteeism
- Criminal behavior (e.g., theft, contract breach)
- Harassment, discrimination, or workplace violence