As an employee, there is an implied agreement that you reach with your employer. You agree to work under the employer’s terms and conditions – provided that they do not violate your rights as an employee. Your employer does not have the right to discriminate against you or refuse to pay you for your work. If your employer treats you this way, reach out to the San Francisco employment lawyers at Olivier & Schreiber LLP.
Federal and California law prevents your employer from taking certain actions against you. These actions include:
Discrimination is the illegal act of discriminating against an employee before or during the employment phase. There are many ways that your employer can discriminate against you. You can be overlooked for a promotion based on your race. Your employer can choose not to inform you of advancement opportunities because of your age. Even losing advancement opportunities because of pregnancy can be an example of discrimination.
Your employer also violates your federal and state rights when they have sexually harassed you in and out of the workplace. Sexual harassment does not just apply to verbal harassment. If a supervisor sends inappropriate text messages to you outside of work hours, that is also an example of sexual harassment.
Another common employment law violation is wage and hour violations. Your employer must pay you for the amount of time you’ve worked. That includes overtime wages for the hours you’ve stayed past your designated work hours.
Your employer requires you to pay overtime wages whether they knew you were working overtime. They also can’t ask you to work through your required breaks. These are just some of the wage and hour violations that employers can commit.
Any action an employer takes against you when you exercise your employee rights is considered retaliation. Retaliation includes demoting, cutting your salary, relocating, and even terminating you. If the action takes place immediately after you’ve filed a report against your employer, that could be even more justification that your employer is retaliating against you.
Wrongful termination is the unlawful termination of an employee. Even though your employer doesn’t need a legitimate reason to terminate you, they can’t terminate you because of an illegal reason. Illegal reasons would be based on discrimination, wage and hour violations, sexual harassment, and retaliation. If any of these actions were the reason for your termination, you could challenge your employer in court.
When you file a claim against your employer for any of these violations, your employer can suffer serious consequences. These consequences include hefty fines and imprisonment. The more violations your employer has under the belt, the more severe the penalties will be.
If you believe you were wrongfully terminated, speak to an employment lawyer in San Francisco at Olivier & Schreiber, LLP, today. To schedule your free consultation, fill out the contact form below.
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