At Wilshire Law Firm, we are dedicated to fighting for those facing workplace injustices, ensuring they get the legal support they deserve. Whether you’re still employed or have already lost your job, we’ll walk you through the steps to address your situation and protect your rights.
Have You Been Fired?
California is an at-will state, which means that your employer can terminate you for any reason unless it’s protected by law.
Here is a list of things you can not be fired for:
Race
Pregnancy
Religion
Disability or other medical condition
Gender
Age
Military or veteran status
Marital status
If you were fired for any of these reasons, you may have been wrongfully terminated, in which case you should call Wilshire Law Firm at (800)-935-0141 for a free case evaluation.
We can help you recover lost wages, benefits, and compensation for pain and suffering. If your employer ignored evidence of harassment or discrimination, we may also seek punitive damages on your behalf. Let us fight for the justice you deserve.
Are You Still Working and Facing Discrimination?
If you are experiencing harassment or discrimination at work, you should consider following these steps:
- Contact Your Supervisor:
Reporting the issue to a supervisor alerts them to the issue. This can help clarify if (and why) your job performance has changed. Your supervisor can also escalate your concerns through the appropriate chain of command.
- Contact Human Resources:
Human Resources is responsible for handling claims of harassment and discrimination. You have the legal right to a workplace that is respectful and free from misconduct. Human Resources is required to hear your story and pursue action against employees who are accused of harassment or discrimination.
If you’ve reported harassment or discrimination to both your supervisor and Human Resources and no action has been taken, you may have grounds for a claim against your employer.
- File a Claim With The Civil Rights Department
The Civil Rights Department handles complaints relating to harassment and discrimination. You can submit an intake directly to the Department, provided you have:
- Specific details and any records about the incident(s), including the name and contact information of the person or entity you believe harmed you (if known)
- Copies of any documents or other evidence related to your complaint
- Names and contact information of any witnesses (if known)
For employment-related cases, you must submit an intake form within three years of the incident of harassment or discrimination. You also must secure a “Right to Sue letter” from the Civil Rights Department before filing your own lawsuit in court.
- Call Wilshire Law Firm
If you’ve obtained a Right to Sue letter, Wilshire Law Firm may be able to pursue your case. Call us today at (800)-935-0141 today for a free consultation. Let us fight for the justice you deserve.
Is a Hostile Work Environment Forcing You to Quit?
If you’re experiencing a hostile or intolerable work environment, you may have grounds for constructive termination (also known as constructive dismissal).
What is Constructive Termination?According to the U.S. Department of Labor, constructive termination occurs when an employee’s resignation or retirement is viewed as involuntary because the employer created intolerable working conditions or applied pressure or coercion, forcing the employee to quit.
In California, an employee must prove that their employer intentionally created or knowingly allowed conditions that were so unbearable that a reasonable person in the same situation would feel compelled to resign, as established in Turner v. Anheuser-Busch, Inc. 7 Cal. 4th 1238 (1994).
In short, if your employer has made your working conditions so unbearable that anyone in your position would feel forced to quit, you may have a claim.
If you believe this applies to you, it’s important to review your legal options with an attorney. Call Wilshire Law Firm at (800)-935-0141 today for a free consultation.
Types of Harassment Explained
Here are some of the most common types of harassment:
SEXUAL HARASSMENT
Sexual harassment can take many forms, including:
- Sexual Comments or Gestures: Inappropriate remarks or gestures of a sexual nature.
- Unwanted Physical Contact: Non-consensual physical actions, such as touching or hugging.
- “Quid pro quo” Requests: Demands for sexual favors in exchange for career advancements, such as promotions or job security.
DISCRIMINATORY HARASSMENT
Under Title VII of the Civil Rights Act of 1964, discrimination is prohibited based on:
- Race
- Color
- Religion
- Sex (including sexual orientation and pregnancy)
- National origin
This type of harassment includes actions or behavior that degrade or belittle an individual or group based on one of these “protected categories.” Discriminatory harassment can take other forms too, such as exclusion, offensive remarks, or inequitable treatment.
PHYSICAL HARASSMENT
This includes any form of unwanted physical contact that may or may not be of a sexual nature, such as:
- Hitting, slapping, or pushing
- Unwanted touching
- Blocking someone’s movement or space
While it may not always have a sexual component, any unwanted physical behavior that makes the recipient feel unsafe or uncomfortable qualifies as physical harassment.
VERBAL HARASSMENT
This involves inappropriate remarks, such as:
- Slurs based on race, gender, religion, etc.
- Derogatory language that targets an individual or group
- Vocalized threats that could potentially escalate into physical violence
It can also include harsh teasing, insults, or mocking comments that contribute to a hostile environment.
RETALIATION
Retaliation occurs when an employer or another employee punishes someone for engaging in protected activities, such as:
- Reporting harassment or discrimination to a supervisor
- Participating in an investigation regarding discrimination or harassment
- Refusing to comply with discriminatory practices
- Resisting sexual advances or intervening to protect someone else from harassment
- Requesting accommodations for a disability or religious practice
- Asking about salary information to uncover potential pay disparities related to discrimination
Retaliation can include actions such as demotion, termination, reduction in hours, or any other form of punishment meant to discourage reporting or standing up for one’s rights.
Each of these forms of harassment can create a toxic and harmful environment. Recognizing them is key to addressing and preventing harassment effectively.
To learn more, visit: The U.S. Equal Employment Opportunity Commission
Common Workplace Violations
Employers in California are required to adhere to labor laws, including mandatory meal and rest periods, overtime for non-exempt employees, and failure to provide leave.
MEAL AND REST PERIODS
California law mandates that most workers receive specific breaks during their shifts:
Meal Breaks
- Employees working more than 5 hours in a day are entitled to an uninterrupted 30-minute unpaid meal break.
- Employees working more than 12 hours in a day are entitled to an additional 30-minute unpaid meal break.
Rest Periods
- For every four hours worked, employees are entitled to a paid 10-minute rest break.
Exceptions
- Certain employees, such as domestic workers and farm workers, may have different meal and rest break rules.
To learn more, visit: The California Department of Industrial Relations
OVERTIME PAY
Non-exempt employees in California are entitled to overtime pay for any hours worked beyond:
- 8 hours per day
- 40 hours per week
Overtime Rate
- Employees are entitled to time and a half (1.5x their regular rate) for overtime hours.
To learn more, visit: The California Department of Industrial Relations.
FAILURE TO PROVIDE LEAVE
The California Family Rights Act (CFRA) provides job-protected leave for certain conditions. Eligible employees can take leave for:
- Serious health conditions affecting the employee or a family member
- Bonding with a new child (through birth, adoption, or foster placement)
Employees are also protected by the Family and Medical Leave Act (FMLA), which provides similar protections on the federal level. When both state and federal laws apply, employees are entitled to the benefits of whichever law is more protective.
OTHER TYPES OF LEAVE
Workers may also qualify for other types of leave, including:
- Pregnancy Disability Leave (PDL)
- Paid Family Leave (PFL)
- Paid Sick Leave (PSL)
- Vacation, Holidays, and Paid Time Off (PTO)
- Bereavement Leave
- Jury Duty
- Military Service
To learn more, visit: The California Chamber of Commerce:
What Happens If You’re Denied Leave?
If an employer fails to provide the leave you’re entitled to or denies your request, you might have legal grounds to pursue a case against them. Employers are required to comply with both state and federal laws regarding leave entitlements.
These regulations are designed to ensure workers’ rights to breaks, fair compensation, and family leave, and employers need to stay compliant to avoid legal issues.
To learn more, visit: The California Family Rights Act
Contact Wilshire Law Firm Today
If you’re dealing with harassment, discrimination, or wrongful termination, Wilshire Law Firm is here to help. Here’s what we offer:
- Award-Winning Team: Our team of experienced employment lawyers has a proven track record of helping victims of workplace injustices like yours.
- Track Record of Success: We’ve recovered over $2 billion in settlements and verdicts for our clients, demonstrating our commitment to securing justice.
- 24/7 Availability: We’re always available to answer your questions, no matter the time or day. We’re here when you need us most.
- No Fees Unless You Win: We work on a contingency fee basis, meaning you won’t owe us anything unless we win your case, making it easier for you to get the legal support you deserve.
If you’re in need of legal assistance, contacting Wilshire Law Firm is the first step to getting the support and justice you deserve. Let us help you through this challenging time.
Call us today at (800)-935-0141.
