Indian Wells Employment Lawyer For Employees
California provides a great deal of protection for employees working in the state. Despite these protections, many employees feel as though they do not have the authority to challenge their employers, even when they think their rights are being violated. If you are a worker in Indian Wells, California, and you believe that your employer is violating your legal rights, contact the Law Office of Karen J. Sloat. Our Indian Wells employment lawyers understand how important it is for employees to be treated fairly and with respect in the workplace. Call us at 760-779-1313 to speak to one of our dedicated employment law attorneys.
Workplace Harassment in Indian Wells
Although many people only think of sexual harassment when they consider work-related harassment issues, there are numerous ways in which employers may harass their employees. If an employee feels that his or her workplace is hostile because coworkers or employers harass that employee based on one of the following, that employer is in violation of the employee’s rights:
- Race
- Religion
- Color
- National Origin
- Ancestry
- Mental or Physical Disability
- Medical Condition
- Genetic Information
- Disability
- Ancestry
- Sex
- Gender
- Gender Expression and Gender Identity
- Marital Status
- Sexual Orientation
- Age
- Military or Veteran Status
If you are suffering from workplace harassment, contact an Indian Wells, California, employment law attorney today.
Workplace Discrimination in Indian Wells
Workers who suffer discrimination based on the fact that they are a member of a protected class can file a claim against the offending employer. In California, the protected categories are as follows:
- Gender
- Sex
- Sexual orientation
- Race
- Ethnicity
- Age
- Pregnancy
- Disability
- Religion
- Genetic Information
- Marital Status
- Medical Conditions
- AIDS/HIV
- Military or Veteran Status
- Political Activities
- Domestic Violence Victim Status
Discrimination involves an employer making an important decision about an employee’s status based on the employee’s membership in one of the above protected classes. For example, if an employer refuses to hire you because of your ethnicity, fires you because of your age, or denies a promotion based on your pregnancy, you might have a claim against your employer for discrimination. The first step in learning more about your rights and ability to file a claim against your employer is contacting an Indian Wells employment law attorney.
Employee Versus Independent Contractor: Misclassification of Employees in Indian Wells, California
California law states that workers designated as employees are entitled to certain benefits from their employers. Employees often receive health benefits, retirement benefits, and work injury benefits unless they are exempt. Independent contractors are different in that they function as their own business. None of these benefits are awarded to an independent contractor. Employers, therefore, may save money by using an independent contractor rather than an employee. However, there are factors that determine whether a worker is an employee or an independent contractor, and the designation is not at the discretion of an employer. In general, employers have more control over the work of employees than they do over independent contractors. An independent contractor provides their own equipment for a job, whereas an employee will get their equipment from their employer. Employees earn hourly wages or a salary; independent contractors earn pay per job or project. If your employer misclassified you, contact an Indian Wells employment law attorney at the Law Office of Karen J. Sloat.
Wages and Hours Violations in Indian Wells
Your employer is obligated to pay you at least the minimum wage and must pay overtime for non-exempt employees. Overtime pay amounts to one and a half times a person’s normal pay rate and must be paid to any employee who works more than 40 hours a week or eight hours a day. Employees are also entitled to breaks, including mealtimes. If your employer has denied you the minimum wage, overtime pay or the break times to which you are entitled, contact an Indian Wells employment law attorney to discuss your options.
Employment Contracts and Severance Agreements
Employees should be cautious about entering employment contracts and severance agreements. If you are asked by your employer to enter an agreement, it is a good idea to have that agreement reviewed by an employment law attorney prior to signing.
Employment contracts may define how your employment may be terminated. A severance agreement will detail the terms of your termination or separation from the company. Employers are not required to enter into severance agreements, but they do so to protect themselves from legal claims. When you sign a severance agreement, you might be forfeiting your right to sue your employer for certain violations. Contacting an Indian Wells employment law attorney before entering such agreements will ensure that any of these legal documents protect your rights.
Resolving Disputes with an Employer in Indian Wells, California
If you are involved in a dispute with an employer in Indian Wells, there are several ways in which you might resolve that issue. Litigation is just one of the ways employees and employers resolve a workplace dispute. Mediation is one form of alternative dispute resolution which is often used to reach agreements in unemployment-related cases. A mediator does not have the authority to make a binding determination on your claim, whereas an arbitrator does have the authority to make a binding decision. Employers often prefer arbitration as a form of dispute resolution over litigation. It is important to understand what you agree to when you enter into an alternative form of dispute resolution with your employer. Contact an Indian Wells employment law attorney to discuss your claim.
Indian Wells Employees, Call the Law Office of Karen J. Sloat Today
The Law Office of Karen J. Sloat has decades of experience representing employees in Indian Wells, Riverside County and the Coachella Valley. Call us today at 760-779-1313 to learn more about how we can help you.
