Stockton Employment Lawyer

Stockton Employment Attorney

As an employee, you should not have to tolerate violations of your rights. A Stockton employment lawyer at the Fulton Law Corporation can help employees when facing workplace discrimination, wage disputes, wrongful termination, or other employment law violations. We can guide you through your state and local protections and secure a fair resolution to your situation.

Our Employment Lawyer Handles All Types of Employment Cases

California’s employment laws are among the most protective in the United States. At the Fulton Law Corporation, our highly experienced team understands the unique challenges faced by victims of employee rights violations, including those that result in a loss of livelihood, social alienation, and fear of an uncertain future.

Wrongful Termination

At-will employers must still comply with all applicable laws and public policies when making hiring and firing decisions. In California, these include protections against discrimination based on characteristics like race, religion, and sexual orientation, per state and federal law. Also, employees engaged in whistleblowing are protected and can’t be terminated for reporting unlawful or unethical conduct.

Workplace Retaliation

Workplace retaliation occurs when an employer takes an adverse employment action against an employee for engaging in a legally protected activity. Federal Equal Employment Opportunity (EEO) statutes and the California Fair Employment and Housing Act (FEHA) protect employees from actions such as termination or demotion if they engage in legally protected activities, like reporting discrimination, harassment, or unlawful actions.

Workplace Harassment

Under California’s FEHA, workers have the right to a workplace that is free from harassment. This includes verbal, physical, and sexual behaviors that are:

• Unwelcome and offensive
• Severe or pervasive enough to create an intimidating or hostile work environment

Work Discrimination

The Civil Rights Act of 1964 and other laws prohibit workplace discrimination against employees based on their protected characteristics, like sex, race, national origin, and religion. Discriminatory actions could include:

• Denying pay raises, promotions, or benefits based on certain traits
• Implementing unequal salaries for employees with similar qualifications due to a protected status

Unpaid Wages

Wage theft is an illegal practice where employers fail to compensate employees for their work. Unfortunately, it remains a persistent issue in the state. A recent study found that over 90% of service-sector workers in California experienced at least one labor law violation. Most incidents actually go unreported due to fear of retaliation.

Some businesses deliberately attempt to evade their wage and hour obligations by:

• Violating meal and rest break requirements
• Misclassifying employees to bypass protections (such as exempt or independent contractors)
• Improperly adjusting bonus pay

What to Do If Your Workplace Rights Have Been Violated

If you suspect that your workplace rights have been violated in Stockton, you need to take immediate action to protect your interests.

1. Document everything. Systematically gather and preserve all relevant evidence. This includes emails, memos, pay stubs, performance reviews, text messages, and any detailed written statements from witnesses.
2. Consult legal counsel. Immediately seek guidance from an experienced employment lawyer. They can clarify your legal options, assess the strength of your case, and guide you through the complex legal process.
3. File a formal complaint. Submit a timely claim with the appropriate government agency, such as the California Civil Rights Department (CRD) or the California Labor Commissioner’s Office.
4. Explore resolution and recovery. Work with your attorney to determine the right path toward a resolution. This may include mediation to settle the dispute. However, you may need to pursue litigation in the San Joaquin County Superior Court to recover damages, seek repayment of lost wages, or compel policy changes.

About the Fulton Law Corporation

The Fulton Law Corporation was founded by Jeffrey D. Fulton with the guiding principle of placing clients first. As a litigation law firm, our mission is to help clients in powerless situations achieve justice through the legal process, regardless of their case. Mr. Fulton’s experience includes discrimination, harassment, and wage and hour trials and settlements.

FAQs

Is California an “At-Will” Employment State?

Yes, Stockton, California is an “at-will” employment state. This means an employer or employee can terminate the employment relationship at any time, for any lawful reason or no reason at all. However, California has significant exceptions to this rule, though, such as prohibiting termination for illegal reasons like discrimination and retaliation.

What Is the Deadline (Statute of Limitations) to File a Claim?

The deadline to file an employment claim in California will depend on the type of claim. For discrimination or harassment, you have around three years to file an administrative complaint with the CRD. Then, you have one year to file a claim after you receive a right to sue notice. For wage and hour violations, you have three years. For wrongful termination, you have two years. It is recommended that you talk with an attorney as soon as possible because deadlines are strictly enforced.

When Am I Entitled to Overtime Pay in California?

In California, non-exempt employees are generally entitled to overtime pay at 1.5 times their regular rate for:

• All hours worked over eight, up to 12 in a workday
• All hours worked over 40 in a workweek
• The first eight hours worked on the seventh consecutive day of the workweek

You get double pay for hours over 12 in a workday or over eight on the seventh consecutive day.

What Are the Protected Characteristics Under California Law?

The FEHA protects employees from discrimination and harassment based on an extensive list of characteristics, including:

• Race
• Age (40 and over)
• Disability
• Gender
• Gender identity/expression
• Sexual orientation
• Pregnancy or medical conditions
• Genetic information
• Religion
• Marital status
• Veteran/military status

This means people can’t be discriminated against, harassed, or face retaliation based on these characteristics.

Hire an Employment Lawyer in Stockton

Whether you are certain or just have concerns about a possible violation of your employment rights, our team at the Fulton Law Corporation can represent you. Schedule a consultation today to discuss your situation. A Stockton employment attorney from our firm can investigate your case, collect evidence, provide knowledgeable legal guidance, and advocate for your rights.

Stockton Employment Lawyer Reviews

Stockton Employment Law Resources:

• Different Forms of Workplace Discrimination
• How to Hire an Employment Attorney