FAQ

It is unlikely. Whether you are objecting to illegal behavior directed at you specifically (such as discrimination or harassment) or blowing the whistle on other illegal or criminal behavior, you are legally entitled to job protection and freedom from retaliation from your employer.

However, some employers certainly will attempt to retaliate against you and could potentially terminate you, but this action is illegal and will give rise to a strong lawsuit. That’s why it’s important to approach employment law matters with the guidance of an experienced attorney who can help you anticipate and prepare for such actions and help you protect your rights.

The Fair Employment and Housing Act, or FEHA, is the primary law that protects employees from discrimination, harassment, and retaliation at work. It applies to all employers that have five or more full-time or part-time workers – and the anti-harassment provisions in the law apply to all employers with one or more employees. The law also protects people from retaliation if they make a complaint, help another person make a complaint, or oppose any action in the workplace that violates the law.

FEHA prevents discrimination and harassment related to:

• physical disability
• mental disability
• medical condition
• race
• hairstyle and hair texture associated with a person’s race
• religious creed
• color
• national origin
• ancestry
• genetic information
• marital status
• sex
• gender
• gender identity
• gender expression
• pregnancy
• age (40 and over)
• sexual orientation
• military and veteran status

If your employer has shorted your wages, failed to pay you for overtime, provide you with meal and rest breaks, or misclassified you as an “exempt” employee, you have a right to seek the wages you are owed. Some of the most common wage and hour violations include:

• Failure to pay overtime
• Travel time violations
• Deductions from wages
• Earned sick time violations
• Failure to pay employees at termination
• Failure to pay earned commissions
• Illegal tip pooling policies
• Classifying full-time employees as contractors

Technically, California gives non-exempt employees the opportunity to opt out of their meal breaks. However, an employee can only pass up their meal break if their shift is less than six hours. If an employee’s shift is longer than ten hours, then they have two 30-minute meal breaks. You can only opt out of your second meal break if you took your first meal break. Otherwise, you’ll be required to take your second break. If your employer forces you to skip a meal break, this is a labor law violation as well.

If you are experiencing workplace harassment, discrimination, retaliation, or wage and hour violations, you should document as much of the behavior as possible. This could include writing down the date, time and content of every suspicious interaction with your employer or manager. Save all relevant emails and text messages. Perhaps send an email to yourself to document the incident and prove the date and time it happened. If comments were made, write down those comments to the best of your recollection. Also note which other employees may have witnessed the problematic comments or behaviors. Any communication received in writing (emails, handwritten notes and issued documents) should be saved, as they could be important later. If there are wage and hour violations, note the actual hours worked and breaks denied for future damage calculations.

Employment lawsuits stand the greatest chance of success when they can establish a clear pattern of unlawful behavior by the employer over an extended period. Detailed records help create a compelling narrative of mistreatment over months or years, rather than isolated incidents.

Every case is unique, but it is common for employment law cases to take about 12-18 months to reach a final resolution. We understand that this can feel like a very long time, which is why we do everything we can to keep the legal process moving forward and reach the end as quickly as possible.

The first major decision is whether your case is strong enough to justify filing a lawsuit. This initial assessment usually happens during your first meeting with our attorneys. Together, we can evaluate your situation and options to decide how to proceed.

If the decision is made to move forward, our attorneys will draft and file with the court a legal complaint detailing your allegations against the employer. The complaint initiates the lawsuit and compels the defendant (your employer) to formally respond.

After the initial filings, the case enters the discovery phase – typically the longest stage of litigation. During discovery, lawyers on both sides thoroughly research the facts, interview witnesses, and gather supporting documents and evidence. This phase will take months to complete. During this phase, a trial date is set for a date typically 12-18 months in the future.

At any time, the parties can choose to mediate the case and negotiate a settlement agreement rather than continue to trial. This mutual resolution avoids further legal costs and provides closure. However, if the case does not settle, the case goes to trial before a jury. Both parties present arguments and evidence and witnesses may testify. Ultimately, the jury reaches a verdict – a binding decision of whether the employer violated the law.