The Top 10 Employment Law Questions Californians Ask | Employee Rights Law Firm

Jun 8, 2022
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The Top 10 Employment Law Questions Californians Ask

The Top 10 Employment Law Questions Californians Ask

If you’re an employee in California, you probably have a lot of questions about your rights. After all, employment law can be confusing and complicated. To help you out, we’ve compiled a list of the top 10 employment law questions Californians ask. So whether you’re wondering about at-will employment or drug testing, read on for some answers.

1. What is at-will employment and does it apply to me?

At-will employment is a type of employment relationship in which either the employer or the employee can terminate the relationship at any time, for any reason, with or without notice. In California, most employment relationships are considered to be at-will. This means that unless you have an employment contract that says otherwise, your employer can fire you at any time, for any reason (with a few exceptions, like discrimination or retaliation).

2. Do I have to sign a non-compete agreement?

If you’re asked to sign a non-compete agreement, it’s important to understand what you’re agreeing to. A non-compete agreement is a contract in which you agree not to compete with your employer for a period of time after you leave the company. This could mean not working for a competitor, starting your own business in the same industry, or soliciting your employer’s customers. Non-compete agreements are generally enforceable in California, as long as they’re reasonable in terms of time and geographic scope.

3. How do I know if I’m an exempt or non-exempt employee?

There are two types of employees in California: exempt and non-exempt. Exempt employees are not entitled to overtime pay, while non-exempt employees are. The main difference between the two is that exempt employees are paid a salary, rather than an hourly wage. To be classified as exempt, an employee must also meet certain job duty requirements. For example, executive, administrative, and professional employees are typically exempt.

4. I’m pregnant and my employer is asking me to sign a waiver. What should I do?

If you are pregnant and your employer asks you to sign a waiver, you should consult with an experienced employment law attorney. The attorney can review the waiver and advise you as to whether it is in your best interests to sign it. In some cases, signing a waiver may be the best option for you and your family. However, in other cases, it may be better to decline to sign the waiver and pursue other options, such as filing a complaint with the Equal Employment Opportunity Commission or filing a private lawsuit with an experienced employment law attorney.

5. I think I was just fired because of my race/gender/religion/disability. What should I do?

When you believe that you have been wrongfully terminated from your job due to your race, gender, religion, or disability, it is important to take action. You may want to file a complaint with the Equal Employment Opportunity Commission (EEOC) or contact an experienced employment law attorney.

If you do not want to wait for the EEOC to investigate your claim, you can file a private lawsuit. However, it is important to note that you will need to prove that your employer discriminated against you. This can be difficult to do without the help of an experienced employment law attorney.

If you have been fired from your job, it is important to take action. You may have a valid claim of discrimination if you were fired because of your race, gender, religion, or disability. Contact an experienced employment law attorney to learn more about your rights and options.

6. My boss is constantly yelling at me and making demeaning comments. Is this illegal?

Harassment in the workplace is a very real problem that can have a profound effect on employees. While there is no specific law against yelling or making demeaning comments, if these actions are part of a wider pattern of behavior that creates a hostile work environment, then they may be illegal. If you are being subjected to this type of behavior, you should document everything and speak to an experienced employment law attorney to discuss your options.

7. I’m not being paid overtime even though I work more than 40 hours per week. What can I do?

There are a few things you can do if you feel you are not being paid the proper overtime wages. First, you can file a claim with the Division of Labor Standards Enforcement (DLSE). The DLSE is responsible for investigating claims of wage theft and enforcing labor laws in California. You can also file a lawsuit against your employer in civil court. Finally, you can file a complaint with the US Department of Labor’s Wage and Hour Division. If you believe you are owed overtime wages, it is important to act quickly as there may be time limits for filing a claim or lawsuit.

8. I was just denied a promotion that I feel I deserved. Can I sue?

It depends. Generally speaking, an employer is free to promote or not promote employees as it sees fit, and courts will only get involved if there is evidence of discrimination or some other type of illegal behavior. However, if you have reason to believe that you were denied a promotion because of your race, gender, religion, or some other protected characteristic, you may have a legal claim against your employer. You should speak to an experienced employment law attorney to discuss your specific situation.

9. My company is asking me to take a drug test. Are they allowed to do this?

Yes, in most cases, your employer is allowed to require you to take a drug test. However, there are some exceptions. For example, if you are a member of a union, the collectively bargained agreement between the union and the employer may place restrictions on drug testing. Additionally, some states have laws that regulate drug testing in the workplace. You should check with your state’s labor department to see if there are any applicable laws.

If your employer does require you to take a drug test, they should have a policy in place that outlines the procedures for testing and the consequences for failing a test. The policy should be applied fairly and consistently to all employees. For example, if an employer only requires drug testing for employees who are suspected of drug use, that could be considered discriminatory.

If you have failed a drug test, your employer may take disciplinary action against you, up to and including termination of employment. However, they must first give you an opportunity to explain the results or to challenge the test. If you believe that the test was done unfairly or that the results were inaccurate, you may have grounds to file a grievance or a lawsuit.

If you have any questions about your employer’s drug testing policy, or if you believe you have been treated unfairly, you should consult with an experienced employment law attorney.

10. I’m being harassed by a co-worker. What should I do?

There are a few things you can do if you feel like you are being harassed by a coworker. First, try to talk to the person who is doing the harassing and let them know that their behavior is not welcome and ask them to stop. If that does not work, or if you do not feel comfortable talking to the person, you can talk to your supervisor or HR department. They will be able to help you figure out what to do and may be able to take action against the person who is doing the harassing.

If you are being harassed at work, it is important to take action. You may feel uncomfortable or scared, but it is important to speak up. Harassment is not acceptable in the workplace and you have the right to a safe and non-threatening work environment. Don’t suffer in silence – speak up and get the help you need to stop the harassment.

Thank you for reading our blog post on the top 10 employment law questions Californians ask. We hope that this information has been helpful to you. If you have any further questions, or if you believe that you have been the victim of discrimination or harassment, please contact an experienced employment law attorney.