Frequently Asked Questions

In California, if an employee is terminated or laid off, the employer must provide the final paycheck immediately at the time of termination, as required by California Labor Code Section 201. If an employee resigns with at least 72 hours’ notice, the final paycheck is due on their last working day, while resignations without notice […]

In California, it is illegal for an employer to terminate an employee for filing a workers’ compensation claim, as protected by California Labor Code Section 132a. Workers’ compensation provides wage replacement and medical benefits to employees injured at work, and employers are prohibited from retaliating against employees for exercising this right. Wrongful termination in this […]

In California, it is illegal to terminate an employee solely for attending a rehabilitation program for drug or alcohol addiction. Both federal and state laws, including the Americans with Disabilities Act (ADA), the California Fair Employment and Housing Act (FEHA), and California Labor Code Section 1025-1028, protect employees seeking treatment for substance abuse. These laws […]

In California, it is illegal for an employer to force an employee into retirement solely based on their age, as this constitutes age discrimination. Federal and state laws, including the Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA), protect employees from such practices, ensuring they are judged on […]

In California, both state and federal laws protect employees’ rights to practice their religion in the workplace, requiring employers to provide reasonable accommodations for religious beliefs and practices unless it causes undue hardship. Key laws, including Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA), prohibit […]

If you were fired after requesting time off for religious observances, you should immediately document all communications related to your request and termination, as this may be a case of religious discrimination. Next, you should file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH), […]

If you were terminated upon returning from maternity leave, you may have a case for wrongful termination under both California and federal law. The California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) protect your right to return to the same or a comparable position after maternity leave. If your […]

Pregnancy-related conditions can pose unique challenges in the workplace, but both federal and state laws ensure that pregnant employees are entitled to reasonable accommodations. Understanding your rights and the process for requesting accommodations is essential. Below, we provide a comprehensive guide on how to request reasonable accommodations for pregnancy related conditions in California. Legal Protections […]

No, an employer cannot require a pregnant employee to take leave if she is able to perform her job duties with or without reasonable accommodations. Under California law, particularly the California Fair Employment and Housing Act (FEHA) and the Pregnancy Disability Leave Law (PDLL), pregnant employees have the right to continue working as long as […]

A reasonable accommodation for religious practices is any adjustment to the work environment that allows an employee to practice their religion without causing undue hardship to the employer. Examples of reasonable accommodations include flexible scheduling to observe religious holidays, allowing breaks for prayer, modifying dress codes to permit religious attire, and providing a private space […]

A pregnant employee cannot be placed on unpaid leave simply because of her pregnancy if she is able to perform her job duties with or without reasonable accommodations. Under California law, particularly the Pregnancy Disability Leave Law (PDLL) and the California Fair Employment and Housing Act (FEHA), employers are required to provide reasonable accommodations to […]

Understanding your rights as an employee is crucial, especially when it comes to raising concerns about workplace conditions. In California, employees are protected by both state and federal laws from retaliation for voicing such concerns. Below, we explore what constitute wrongful termination in this context and the legal protections available to you. What Laws Protect […]

Understanding the protections against wrongful termination due to perceived disabilities is crucial for both employees and employers. In California, laws protect employees not only from discrimination based on actual disabilities but also from discrimination based on perceived disabilities. Below, we explore how perceived disabilities can lead to wrongful termination claims and the legal protections available. […]

An implied contract in employment is an unwritten agreement that is formed based on the actions, statements, or circumstances between an employer and employee, suggesting that certain terms of employment exist even though they were not explicitly stated. This type of contract can arise when an employer makes promises or assurances about job security, raises, […]

To prove wrongful termination in California, you need clear and convincing evidence. This includes employment contracts, emails, and witness statements that document discrimination, retaliation, or breach of contract. What Are the Key Proofs for Wrongful Termination? Employment Documents Witness Testimony Electronic Correspondence Performance Reviews Company Policies What Are the Legal Grounds for Wrongful Termination? Discrimination […]

No, you are not required to take your leave all at once in California. Under both the Family and Medical Leave Act (FMLA) and California state laws, you can take leave in separate blocks or reduce your working hours. What Are Your Leave Options? What Are Your Rights Under California Law? California provides robust protections […]

No, you are not required to disclose your gender identity to your employer in California. Your gender identity is a personal matter, and you have the right to keep it private. California law, including the Fair Employment and Housing Act (FEHA), protects employees from discrimination based on gender identity and expression, regardless of whether you […]

In California, you typically have two years to file a wrongful termination lawsuit from the date of your termination. However, the time limit can vary depending on the specific claim you are making and the laws that apply. For example, if your claim involves a violation of the Fair Employment and Housing Act (FEHA), you […]

Wrongful termination in California occurs when an employee is dismissed for an illegal reason, such as discrimination, retaliation, or violating public policy. Even though California is an at-will employment state, there are significant protections for employees. What Are the Grounds for Wrongful Termination? What Legal Framework Protects Against Wrongful Termination? California’s Fair Employment and Housing […]

Yes, you can sue your employer while still working for them. Filing a lawsuit against your employer does not require you to quit your job, and you are legally protected from retaliation, such as wrongful termination or other adverse actions, because of the lawsuit. However, suing your employer while still employed can create a tense […]

To prove a hostile work environment in California, you must demonstrate that the unwelcome conduct was severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. This conduct must be based on a protected characteristic, such as race, gender, religion, or disability. Key evidence includes documentation […]

You cannot legally be fired for speaking up at work about issues like discrimination, harassment, or unsafe working conditions. Federal and state laws, including the National Labor Relations Act (NLRA) and California’s labor laws, protect employees who engage in “protected activity,” such as reporting illegal conduct or participating in an investigation. If you are fired […]

If your employer does not accommodate your work restrictions, they are violating the law. In California, you have the right to reasonable accommodations if you have a documented medical condition. If your employer refuses to comply, you must act to protect your rights and well-being immediately. Key Takeaways What Are Your Legal Rights and Employer […]

A hostile work environment exists when harassment, intimidation, or bullying make it difficult or uncomfortable for employees to perform their jobs. Recognizing the signs is crucial for taking action and protecting your rights. Key Signs of a Hostile Work Environment How Does a Hostile Work Environment Affect Employees? A hostile work environment can lead to […]

The length of time you can remain out on medical leave at work depends on several factors, including the type of leave you are taking and the laws that apply to your situation. Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid leave within a 12-month […]

Yes, you can sue your employer if you quit instead of being fired, but specific conditions must be met for your case to be viable. This is typically known as “constructive discharge,” where your resignation is considered a forced decision due to intolerable working conditions created by your employer. To prove constructive discharge, you must […]

Proving sexual harassment involves gathering evidence that demonstrates the unwanted conduct and its impact on your work environment. Essential steps include documenting incidents, collecting witness statements, and preserving any physical or digital evidence, such as emails or text messages. Documentation is crucial; keep a detailed record of every instance of harassment, noting dates, times, locations, […]

Hiring an employment attorney is often worth it, especially if you are facing complex legal issues related to your job, such as wrongful termination, discrimination, or wage disputes. An experienced attorney can help you understand your rights, navigate the legal process, and maximize your chances of a successful outcome, whether through settlement or court proceedings. […]

Given that many employees face financial challenges following wrongful termination, they often cannot afford hourly attorney fees or upfront costs. We recognize this reality, which is why we handle cases without expecting any fees or costs from our clients upfront. When we accept a case, it’s because we believe in its potential for success, and […]