Rastegar Law Group

Employees in California are protected by a wide range of state and federal employment laws. These laws address workplace issues such as discrimination, sexual harassment, wrongful termination, wage and hour violations, unequal pay, and retaliation.

However, understanding which laws apply to your situation—and what steps you may be able to take—can be complicated. An experienced employment lawyer can help you understand your workplace rights, evaluate the circumstances of your case, and determine what legal options may be available.

If you work in Bakersfield and believe your rights have been violated, Rastegar Law Group can help you better understand your situation and your options under California employment law.

How Can an Employment Lawyer Help?

Workplace disputes are not always straightforward. An employer’s actions may feel unfair without necessarily violating the law, while other conduct may constitute a violation even when an employee does not immediately recognize it.

An employment lawyer can review the facts of your situation, identify potentially applicable laws, evaluate available evidence, and explain possible next steps.

Depending on the circumstances, an attorney may also help you communicate with your employer, pursue an administrative claim, negotiate a resolution, or bring a lawsuit when appropriate.

Having experienced legal counsel can be particularly important when an employee is dealing with an employer that has its own human resources department, legal counsel, or other resources available to respond to workplace disputes.

California and Federal Employment Laws

Employees in Bakersfield may be protected by both California and federal employment laws. Which protections apply depends on factors such as the nature of the workplace issue, the employer, and the employee’s individual circumstances.

California Employment Protections

California provides employees with extensive workplace protections through laws including the Fair Employment and Housing Act (FEHA), the California Family Rights Act (CFRA), the California Equal Pay Act, and provisions of the California Labor Code.

These laws address issues including discrimination, harassment, protected leave, wages, working conditions, retaliation, and other employment-related matters.

Federal Employment Protections

Federal laws may also protect employees in California. Depending on the circumstances, relevant laws may include:

• Title VII of the Civil Rights Act of 1964
• Fair Labor Standards Act (FLSA)
• Age Discrimination in Employment Act (ADEA)
• Americans with Disabilities Act (ADA)
• Family and Medical Leave Act (FMLA)
• National Labor Relations Act (NLRA)
• Occupational Safety and Health Act (OSH Act)
• Pregnancy Discrimination Act (PDA)
• Worker Adjustment and Retraining Notification (WARN) Act

The application of these laws varies depending on the facts of each case. An employment attorney can help determine which state or federal protections may apply to a particular workplace dispute.

Common Workplace Issues an Employment Lawyer Can Help With

Employment disputes can arise in workplaces of any size and across virtually every industry. Some of the most common issues include discrimination, wrongful termination, sexual harassment, wage violations, unequal pay, and retaliation.

Workplace Discrimination

California and federal laws prohibit certain forms of workplace discrimination based on protected characteristics.

Depending on the applicable law and circumstances, protected characteristics may include race, color, national origin, religion, sex, gender, sexual orientation, gender identity or expression, age, disability, medical condition, pregnancy, and other characteristics protected by law.

Discrimination can affect many aspects of employment, including hiring, compensation, promotions, assignments, discipline, and termination.

If you believe an employment decision was made because of a protected characteristic, an employment lawyer can evaluate the circumstances and help determine whether you may have a discrimination claim.

Wrongful Termination

California generally follows the principle of at-will employment, which means that an employer or employee can usually end the employment relationship at any time, with or without cause.

However, at-will employment does not give an employer the right to terminate an employee for an unlawful reason.

For example, a termination may raise legal concerns when it is based on unlawful discrimination, retaliation for engaging in legally protected activity, or another reason prohibited by law or public policy.

Because the distinction between an unfair termination and an unlawful termination can be complex, speaking with an employment attorney may help you understand whether your termination violated California or federal law.

Sexual Harassment

Sexual harassment can create a harmful and intimidating work environment and may violate state or federal law.

Workplace sexual harassment can take different forms. It may involve unwelcome sexual advances, requests for sexual favors, inappropriate comments or conduct, or other behavior of a sexual nature. Harassment may also involve conduct based on a person’s sex or gender even when the behavior is not motivated by sexual desire.

Employees experiencing harassment may have several options depending on the circumstances, including internal reporting procedures and complaints with government agencies such as the California Civil Rights Department (CRD) or the U.S. Equal Employment Opportunity Commission (EEOC).

An employment attorney can help evaluate the conduct, applicable deadlines, and potential options based on the specific facts of the situation.

Equal Pay

Employees who perform substantially similar work may be protected against unlawful pay disparities.

California’s Equal Pay Act provides protections against certain pay differences based on sex, race, or ethnicity. Federal law also provides protections against certain forms of compensation discrimination.

Pay discrimination can sometimes be difficult to identify because employees may not know how their compensation compares with that of their coworkers. An employment lawyer can help assess whether a pay disparity may violate applicable law.

Wage and Hour Violations

California employees have extensive protections regarding wages and working hours.

Potential wage and hour issues may include:

• Unpaid minimum wages
• Unpaid overtime
• Missed meal or rest periods
• Unpaid work performed before or after scheduled shifts
• Improper deductions from wages
• Employee misclassification
• Other unpaid compensation

Documents such as pay stubs, time records, work schedules, emails, text messages, and other employment records may be relevant when evaluating a wage and hour claim.

Workplace Retaliation

Employees may be legally protected when they engage in certain activities, such as reporting discrimination or harassment, requesting legally protected leave or accommodations, reporting suspected legal violations, or participating in certain workplace investigations.

Retaliation can take many forms and does not necessarily involve termination. Depending on the circumstances, it may include demotion, reduced hours, undesirable assignments, disciplinary action, or other adverse employment actions.

If an employer takes negative action against an employee because the employee engaged in legally protected activity, the employee may have a retaliation claim.

Civil Rights Protections in California

California law also provides important civil rights protections beyond traditional employment law.

Among these protections are the Unruh Civil Rights Act, Ralph Civil Rights Act, and Tom Bane Civil Rights Act. These laws address different forms of discrimination, violence, intimidation, threats, and interference with protected rights.

Civil rights claims can involve different legal standards from employment claims. If workplace conduct also implicates broader civil rights protections, an attorney can help determine which laws may apply.

What Should You Do If You Believe Your Workplace Rights Were Violated?

Every employment dispute is different, so there is no single course of action that is appropriate for every employee. However, preserving information related to what happened can be important.

Depending on the situation, relevant information may include employment records, pay stubs, schedules, emails, text messages, workplace policies, performance reviews, written complaints, and other communications relating to the dispute.

It may also be helpful to create a timeline of important events while the details are still fresh.

Employment claims can be subject to filing requirements and legal deadlines. If you believe your rights have been violated, speaking with an employment attorney promptly can help you understand which laws may apply and what options may be available.

Speak With an Employment Attorney Serving Bakersfield

Workplace discrimination, harassment, retaliation, wrongful termination, and wage violations can have serious consequences for employees and their families. You do not have to navigate California’s employment laws on your own.

Rastegar Law Group represents employees in workplace disputes throughout California. Our attorneys can review your situation, explain your rights, and help you determine the appropriate next steps.

If you believe your employer has violated your workplace rights, contact Rastegar Law Group for a free and confidential consultation. We handle employment matters on a contingency basis, meaning you pay no attorney’s fee unless we recover compensation for you.

Contact us online or call (310) 961-9600 to discuss your situation.