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Winning Wage & Hour Disputes, Wrongful Termination Cases & More

California is an at-will employment state. A state with at-will employment gives workers no rights except for those that are explicitly stated by the law. Depending on the situation, this policy gives employers the freedom to terminate an individual’s employment when desired.

Employees do not have the right to severance pay or vacation time. They also do not have the right to be promoted, to be notified why they were terminated, or to be given a chance corrective action. All the employer must do when an employee is terminated is to pay the employee on the spot for any wages due or any vacation pay, if any is due.

There are various laws-both federal and state laws-that protect the employee against these harsh situations. One of the primary statutes is the Fair Employment Housing Act (FEHA), a law passed by the California legislature stating an employee has the right to be free from harassment, discrimination, and retaliation while applying for and holding a job.

Call our Los Angeles attorney Alan Burton Newman today at (310) 986-2792.

What Are California Workers Protected From?

California workers are protected from the following forms of discrimination:

An employee has a right to be free from discrimination and harassment based on these qualities. This does not mean an employer if they don’t like an employee, cannot fire them without notice. It, however, does mean an employer cannot fire an employee simply because of their race. To do so is illegal.

In these cases, the burden of proof is on is on the employee, not the employer. The employee must determine and be able to prove that the reason they were fired was discriminatory. This also applies to disability and age. Just because someone who was fired had a disability or is old it does not mean it was illegal. Claimants must prove that those were the reasons the individual was fired.

About Cases Related to Harassment

Regarding harassment, some things may be considered legal if the harassment is based simply on not liking a person. However, it could be considered illegal if certain phrases are used that are sexually oriented or based on their heritage.

Sexual harassment can be categorized into two different forms:

  • Unsuitable Working Conditions: When the boss flirts with an employee, and it becomes obnoxious.
  • Quid Pro Quo: When a boss offers to promote someone in return for sexual favors.

These cases require a balance between the number of harassment comments and the severity of the employer’s actions. For example, if the employer said that they wanted to take an employee to Las Vegas and stopped after the employee requested them to stop, it may not be considered sexual harassment.

Get the Help You Need from a Lawyer Trained in the Halls of Harvard!

No matter what your employment law situation is, Alan Burton Newman is prepared to assist. Our superhero attorney is proud to use his Harvard training to help those who are in honest need of help. With millions won for clients and over 35 years of experience, you can rest assured that Alan Burton Newman is the right choice for you.

Get the experienced legal representation you need by setting up a free case evaluation now or calling us (310) 986-2792.

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