Your Employment Rights in California: A Guide to Workplace Claims

California law generally protects employees from workplace discrimination based on protected characteristics such as race, religion, sex, pregnancy, disability, age (40 and over), gender identity, national origin, military or veteran status, and marital status. These protections come primarily from the California Fair Employment and Housing Act (FEHA), codified at Government Code §12940 and following, as well as federal laws like Title VII of the Civil Rights Act of 1964. Discrimination can show up in hiring, pay, promotions, assignments, discipline, or termination. In most cases, an employee must file a complaint with the California Civil Rights Department (CRD) — generally within three years of the unlawful act — before filing a lawsuit. If you think you have been treated unfairly at work, why not start with a free case review to understand where you stand?

Wrongful termination generally occurs when an employer fires an employee for an illegal reason, even in an at-will state like California. While at-will employment means either side can usually end the relationship at any time, an employer cannot fire someone based on a protected characteristic, in retaliation for reporting illegal conduct, or in violation of public policy. Firing an employee for reporting harassment, filing a workers’ compensation claim, or taking legally protected leave may all support a wrongful termination claim. Deadlines to act can be short, so it generally helps to speak with a legal professional soon after a firing. Not sure whether your firing crossed the line? A free case review with our team is a good place to begin.

A hostile work environment generally exists when harassment or discrimination becomes so severe or pervasive that it alters the conditions of your employment. When an employer creates intolerable working conditions or applies pressure that forces an employee to resign, the law may treat that resignation as a “constructive termination” — as recognized in cases like Turner v. Anheuser-Busch, Inc., 7 Cal. 4th 1238 (1994). In these situations, quitting does not necessarily mean giving up your right to bring a claim. Because constructive termination cases can be fact-specific, it often helps to document what is happening and talk to a legal professional. Wondering whether your situation qualifies? Our team offers free consultations to help you sort it out.

Workplace harassment generally refers to unwelcome conduct based on a protected characteristic that a reasonable person would find hostile, offensive, or abusive. Here are some common forms California employees encounter:

• Sexual harassment — unwelcome sexual advances, requests for favors, or conduct that creates a hostile environment, including quid pro quo situations.
• Discriminatory harassment — mistreatment tied to a protected trait such as race, religion, or disability.
• Physical harassment — unwanted touching, blocking movement, or threats of physical harm.
• Verbal harassment — slurs, insults, or repeated demeaning comments.
• Retaliation — punishing an employee for reporting harassment or participating in an investigation, which FEHA generally prohibits.

Harassment claims often turn on the details, and even a single serious incident can matter. If any of this sounds familiar, would a free case review help you understand your rights?

California wage and hour laws generally give employees strong protections around breaks and overtime. Non-exempt employees are typically entitled to an unpaid 30-minute meal period for shifts over five hours, and a second 30-minute meal period for shifts over ten hours, under Labor Code §512. Employees are also generally owed a paid 10-minute rest break for roughly every four hours worked, under Labor Code §226.7 and the applicable Wage Order. For overtime, Labor Code §510 generally requires time and a half (1.5x the regular rate) for hours over eight in a day or 40 in a week, and double time for hours over 12 in a day. Missed breaks and unpaid overtime can add up quickly. Think your paychecks don’t reflect the hours you actually worked? A free case review can help you find out.

Many California employees have a right to protected leave for family and medical reasons. The California Family Rights Act (CFRA), Government Code §12945.2, and the federal Family and Medical Leave Act (FMLA) generally allow eligible employees to take job-protected leave to bond with a new child, care for a seriously ill family member, or recover from their own serious health condition. California also offers other protections, including pregnancy disability leave and paid family leave benefits, depending on eligibility. An employer generally cannot fire or retaliate against you for taking leave you are legally entitled to. If your leave request was denied or your job wasn’t there when you returned, why not talk through it with a legal professional in a free consultation?