Rocklin Employment Lawyer

Rocklin Employment Attorney

Employment law is the legal discipline that protects the rights of workers and employers. This is achieved by setting clear guidelines around how to hire new talent, conduct oneself at work, and manage conflict around unpaid wages and termination. When this happens, the value a Rocklin employment lawyer can provide is immeasurable. They can help you navigate whatever difficulty you face at work to ensure your rights are upheld under state and federal laws.

At Fulton Law Corporation, we set the standard for what quality employment-related legal representation looks like in the Rocklin area. We understand how distressing it can be to try and manage this new conflict in your life while also tending to your other personal responsibilities. To assist, we take the bulk of the legal workload off your plate while providing you with all of the information you need to make the most informed decisions possible in your case.

Understanding Your Rights as an Employee in California

California has a reputation for having some of the most employee-friendly labor laws in the nation. These laws were specifically designed to shield employees against discrimination, wage theft, and other common workplace conditions that lead to conflict. When you know your rights, it can help you to take action if something feels “off” at work.

Some key protections to be aware of include:

• The right to work safely and be free of sexual harassment and other forms of harassment
• Protections against retaliation for reporting any misconduct or illegal activity you observe
• Guaranteed minimum wage, overtime pay, and rest breaks
• Rights under the California Family Rights Act and Family Medical Leave Act for qualifying leave
• The right to reasonable accommodations for disabilities or pregnancy-related conditions

Some people are shocked to learn that in 2022 alone, thousands of complaints were filed with state agencies related to work issues. Some of the most common instances involve disability, sex and gender issues, race discrimination, and retaliation for resisting or reporting harassment. These numbers help to highlight the importance of knowing when to seek legal help.

Wrongful Termination and Retaliation

When someone is fired or demoted without being provided with a valid reason for the decision, this not only is unfair but could also be illegal. The same applies to scenarios where an employee flags unethical behavior they observed and receives punishment for doing so.

Unfortunately, many people never challenge these instances because they believe they are not protected because California is an “at-will” employment state. However, that status does not give employers in Rocklin, California free rein to fire someone for unlawful reasons.

Some potential red flags to look out for related to wrongful termination include:

• You were terminated right after reporting harassment or discrimination
• Your employment was terminated while either on or after requesting protected medical or family leave
• After requesting a disability accommodation, your employer ended your position
• You were targeted due to your age, race, gender, religion, or national origin

Even during our recent history of economic fluctuations, as evidenced by California’s 5% unemployment rate, unlawful terminations, and retaliatory actions are still a concern being addressed. This is especially true when there is evidence to suggest an employer is using layoffs as a cover for discrimination.

Wage, Hour, and Public Work Protections

California has strict labor standards to ensure workers are paid and treated fairly. Some key wage-related rights include:

• Overtime pay for hours worked beyond 8 hours in a day or 40 in one week
• Mandatory meal and rest breaks
• Equal pay for equal work, regardless of someone’s gender
• Timely and complete payment upon separation from employment

If you have also worked on any government-funded projects, you might also be entitled to prevailing wages. These are enforced by the California Department of Industrial Relations and local authorities. When violated, legal action can be pursued.

FAQs

Q: How Much Does an Employment Lawyer Cost in California?

A: The total cost of hiring a Rocklin employment lawyer in California will vary for each person based on the complexity of the case, the attorney’s experience, and how they structure their fees. Some lawyers will charge hourly rates, while others work on a contingency basis. This means they only get paid if they win your case. Be sure to discuss fees upfront with your attorney to ensure that they meet your budget before moving forward.

Q:  What Is the Difference Between a Labor Lawyer and an Employment Lawyer?

A: While many people use these terms interchangeably, labor lawyers are typically more focused on union-related matters such as collective bargaining and managing different disputes between unions and employers. On the other hand, a Rocklin employment lawyer is more focused on dealing with issues between an individual employee and their employer, such as discrimination and wrongful termination. If you are not part of a union, an employment lawyer is appropriate.

Q: Can I Be Fired Without Warning in California?

A: Yes, California is an “at-will” employment state. This means that employers are legally allowed to terminate an employee at any time. The act of giving a notice is a courtesy. If you were recently fired and have a suspicion that the decision was rooted in an unlawful act, it’s worth sharing your thoughts and observations with an employment attorney to see what they say. If they believe you have grounds for a case, they can help you get started.

Q: Do Independent Contractors Have the Same Rights as Employees?

A: Independent contractors are not afforded the same rights and protections as traditional California employees are. This typically means that they will not benefit from overtime pay, unemployment insurance, or any form of protected leave. However, what does become an issue is when an employer purposefully misclassifies a full-time employee as a contractor to try and avoid paying them the benefits they deserve. This warrants an investigation and legal case.

Contact a Rocklin Employment Lawyer at Fulton Law Corporation Today

If you are dealing with any workplace struggles that feel unfair or unlawful, contact our firm today. We would be happy to learn more about what you are experiencing and assess if we believe you have a legal case on your hands to pursue or not.

See Related Posts:

• What Is Intersectional Harassment in the California Workplace?
• Why You Should Hire an Employment Attorney in California?
• California Sexual Harassment Training Requirements