Are You Suffering Mistreatment in the Workplace?
A Gold River Employment Lawyer Can Help You Recover
Employment law is one of the most misunderstood fields of law. In short, “employment law” is the type of law that governs the duties of employees — as well as their rights — in the workplace. It is also commonly referred to as “labor law”. These laws are in place first and foremost to protect the rights of workers at their workplace, to keep them safe and to ensure that they are treated fairly. There are various employment laws implemented throughout the United States that are based on both federal and state laws. When an employer violates these laws, a wronged employee typically has the right to pursue legal action.
Hiring founder and skilled Gold River employment lawyer, Brandon Erickson from our local California law firm, may be necessary if certain situations arise in the workplace that violates employment law and specifically, an employee’s rights. For example, if someone working for a large corporation became the victim of sexual harassment at the hands of his or her direct supervisor, or if an employee was fired because they have a disability, they might want to fight back with legal action — and rightly so. An employment law attorney like Brandon can give wronged employees sound and beneficial legal advice pertaining to their labor law violation claim. He is an experienced California labor law attorney who has the knowledge and aptitude to help victims sue their place of employment for violating the employment laws and their rights.
What Are Common Labor Law Violations?
Legal issues involving employment law can span a number of different violations. These violations include, but are not limited to, the following:
- Sexual harassment. This has become an important conversation that is being had out in the open more and more. Women and men are finding strength in numbers and have come forward against their abusers, even though the situation is emotional and intimidating. Sexual and other kinds of workplace harassment (such as bullying or discriminating based on race, sex, religion, sexual orientation, age, disability, marital status, national origin or otherwise) should be a zero-tolerance policy in every workplace. If you have been harassed at the workplace in any way, then consider seeking out legal counsel to see what your legal options are.
- Workers’ compensation. In the state of California, if an employee suffers a job-related injury, then they can collect workers’ compensation. In the event that the person’s employer does not have workers’ comp insurance, the state’s Uninsured Employer’s Benefit Trust Fund (UEBTF) will kick in and pay your claim after certain conditions are met. An experienced Gold River employment lawyer can help you file a claim with UEBTF should your employer not carry the legal amount of workers’ comp.
- Wrongful termination of employment. While California is an “at will” state (meaning that an employer can fire an employee at any time without prior notice), there are several ways an employer can wrongfully terminate an employee. Common examples of wrongful termination include breach of employee contract, termination based on discriminatory reasons and retaliation (often in response to an employee asserting his or her rights).
- Unpaid wages. An employer can violate labor laws when he or she fails to pay an employee for work that has already been completed. Unpaid wages most often take the form of employee benefits, such as retirement plans, leave of absence and overtime. If your employer has wrongfully withheld your wages, then you are entitled to be compensated accordingly for the amount that you are owed.
- Workplace safety. All employers have a duty of reasonable care to all visitors and employees who step foot onto the premises. When a worker is injured as a result of unsafe business practices, the employer will likely be held responsible for any damages suffered by the worker as a result. Examples of common injuries suffered in the workplace include toxic chemical exposure, slip and fall accidents and equipment malfunctions.
How Do Most Employment Disputes Start?
Many employment disputes are in regard to wage and hour violations. U.S. federal laws have firmly established rules that establish the legal working age (18), minimum wage an employee must be paid and the total number of hours an employee can work. All an employer has to do is follow them. Barring exempt workers, employees who work more than 40 hours in an average work week are generally entitled to overtime pay — otherwise called “time and a half” pay (which is 50 percent more than the employee regularly makes).
Sexual and other workplace harassment, including discrimination, is another area where there are a great number of employment disputes. The Civil Rights Act of 1964 makes it illegal for any employee to be treated differently or unfairly based on their race, religion, age, gender, ethnicity or disability. When you work for an employer, you are trusting that they have made you and your colleagues’ overall safety a priority. It is supposed to be guaranteed by law, after all. When employers impede that trust by violating the laws themselves or by allowing mistreatment to continue in the workplace, they deserve to be held responsible by those who have been wronged by their actions.
Have Your Worker’s Rights Been Violated? Call Our Gold River Employment Lawyer
While it is certainly a good idea to speak to an employment law attorney in any of the above scenarios, there is the “at will” rule regarding employment that is worth knowing in some detail. Almost every state presumes that employment is at will, meaning that both the employee and employer have the right to terminate the relationship at any time, for any reason, that is within the legal scope.
If you believe you have a legitimate case against your current or former employer, then it is important to get in touch with Brandon as soon as possible before any more damage is done. You can discuss your case with him in detail and get the advice you need in a free 30-minute consultation.
Contact us online or call (916) 631-1540 today to see how Erickson Law Offices, P.C. can help you.