Cathedral City Employment Lawyer For Employees
Employees in California have rights, and laws in our state protect employees from certain types of employer mistreatment. Disputes with your employer are frightening because you depend on your job to support yourself and your family. You might not feel that you have the power to challenge your employer, but it is important to understand that your rights are protected. California has some of the strongest laws in place to protect employees. Contacting an employment law attorney is the best way to learn more about your rights and legal options. Call 760-779-1313 to speak to the experienced Cathedral City employment lawyers at the Law Office of Karen J. Sloat.
Employment Law in Cathedral City
Employees cannot be discriminated against or harassed based on their status in any protected group. California law provides employees with avenues to pursue discrimination and harassment claims against their employers.
Discrimination Law in Cathedral City
An employer who makes unlawful decisions that impact a person’s employment status based on the following factors will face serious consequences:
- Age (40 and over)
- Ancestry, national origin (including language)
- Disability (including mental and/or physical, genetic, cancer, HIV/AIDS)
- Domestic Violence Victim Status
- Gender identity, gender expression
- Marital Status
- Medical Conditions (including genetic characteristics/information)
- Military or Veteran Status
- Political Affiliation (when a civil rights violation)
- Race, color
- Religion, creed, ethnicity
- Requests for certain leave
- Sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions)
- Sexual orientation
Some examples of unlawful discrimination or harassment include being fired, or not hired, based on the above characteristics or categories. If you suffered discrimination at work, contact our employment law attorneys to discuss your claim.
Harassment Claims in Cathedral City, California
An employer who makes unlawful decisions that impact a person’s employment status based on the following factors will face serious consequences:
- Age (40 and over)
- Ancestry, national origin (including language)
- Disability (including mental and/or physical, genetic, cancer, HIV/AIDS)
- Domestic Violence Victim Status
- Gender identity, gender expression
- Marital Status
- Medical Conditions (including genetic characteristics/information)
- Military or Veteran Status
- Political Affiliation (when a civil rights violation)
- Race, color
- Religion, creed, ethnicity
- Requests for certain leave
- Sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions)
- Sexual orientation
While sexual harassment might be the most public type of workplace harassment, other types of harassment based upon the above categories are not permitted at work.
For employees who suffer work-related harassment, the workplace becomes a hostile environment. No one should have to face unlawful conditions just to earn a living or pursue their career. If you are struggling with workplace harassment, contact the employment attorneys at the Law Office of Karen J. Sloat.
Employees and Independent Contractors
The difference between employees and independent contractors is not simply based on how the employer wants to categorize the worker. Certain aspects of the job the individual is performing will determine whether the person is an employee. If the worker is an employee, then he or she is owed certain rights and benefits that are not available to independent contractors. Unfortunately, employers may sometimes categorize a worker as an independent contractor when they are actually serving as an employee. The employer may wish to avoid certain obligations, such as paying overtime, by the misclassification. However, this is illegal, and the employee should reach out to our attorneys to determine his or her legal options.
Breach of Contract Claims in Cathedral City, California
When you started working for your employer, you might have signed an employment contract. You may not remember the terms of that agreement, but you and your employer are bound by those terms. It is a good idea to understand and follow the terms of that contract. If your employer breaches your employment contract, there are legal remedies available to you.
Employment Law ADR in Cathedral City
The legal system is just one of many ways that employers and employees can work through a dispute. The courts are often not the best place to handle work-related grievances, but other methods are available to the parties. Lawsuits and claims are costly for employers, and they will usually resolve those claims before a trial. It is important for employees to get legal advice before trying to go through a formal dispute resolution process, and before signing a settlement agreement with their employer, to make sure the process and the resolution are fair. Employees should also understand the common forms of alternative dispute resolution (ADR).
Arbitration is one of the most common ways that employers seek to resolve employment disputes with their employees. Arbitration is typically a binding process, which means that if the neutral arbitrator reaches a decision on your case, you and your employer must accept that decision. The courts will almost always confirm the arbitrator’s decision. For this reason, the arbitrator has a lot of authority in your case.
Mediation is different from arbitration. A mediator is a neutral go-between person who tries to help an employee and an employer come to an agreement about settling a claim. However, the mediator does not have the authority to make a binding ruling.
Litigating Employment Law Claims in Cathedral City
Sometimes the only path forward is to file a lawsuit. Your attorney will advise you as to whether your best course of action is filing a complaint in court, to initiate a civil lawsuit. Most lawsuits never make it to trial because they resolve during the proceedings. It is often possible to reach a favorable settlement to bring the litigation to an end.
Cathedral City Wage and Hour Disputes
Employers must follow California law and provide the minimum wage, overtime wages in certain circumstances, as well as mealtimes and breaks for their workers. If your employer is not complying with the state’s wage and worktime-related laws, then you should contact our employment law attorneys. Remember that you are also legally protected from retaliation at the hands of your employer, if you assert a valid complaint about your wages.
Cathedral City Employees, Call the Law Office of Karen J. Sloat Today
The experienced employment law attorneys at the Law Office of Karen J. Sloat understand the challenges you face as a wronged employee. Contact us today at 760-779-1313 to discuss your Cathedral City employment law claim and learn how we can help.
