Grounds to Sue Your Employer California

What You Need To Know About California’s Grounds to Sue Your Employer

Employees can sue their employers who violate their rights under California and federal laws. Here’s everything you need to know about California’s grounds to sue an employer.

One can sue their employer on many different grounds in California. Employees should speak to experienced employment attorneys immediately to determine if they have a case against their employer.

Grounds for Suing An Employer in California

One can sue an employer in California for:

Unlawful termination,
Discrimination,
Sexual Harassment,
Work injury and/or,
Retaliation.

Suing an Employer for Unlawful Termination in California

California is an “at-will” employment state, meaning employers can fire employees regardless of the reason. One limitation to firing at-will employees is that employers cannot fire employees for unlawful reasons. California and federal laws both outline employee protections and rights.

California allows employees to sue employers for wrongful termination within the statute of limitations. Employees have two years to file claims for wrongful termination, two years to file a suit for a breach in oral contract, and four years to sue for a breach in a written contract.

Employees should preserve all evidence of wrongful termination and immediately contact an employment attorney with experience with wrongful termination cases.

Suing an Employer for Discrimination in California

California and federal laws prohibit employers from discriminating against protected classes.
Protected classes can include:

Race,
Ancestry,
Religion,
Age (40 and over),
Disability (mental and physical),
Sex (which includes pregnancy discrimination),
Sexual orientation,
Gender identity and expression,
Medical conditions,
Genetic information,
Marital status and/or,
Military or veteran status.

Pregnancy discrimination is when an employer fires an employee for being pregnant, breastfeeding, or having a pregnancy-related medical condition(s). The Pregnancy Discrimination Act prohibits employers from discriminating against pregnant employees by refusing accommodations, terminating them, or not following lactation accommodation laws.
In addition to the listed protected classes, each California city and county can add protected classes to the list. Employees should check their local laws to see if they qualify under an additional protected class.
Suing an Employer for Sexual Harassment in California

The Fair Employment and Housing Act (FEHA) prohibits harassment in all workplaces, regardless of the number of employees. California also considers sexual harassment a form of prohibited discrimination. Under California laws, employers must provide and maintain a workplace free of sexual harassment.
Employers with more than five employees must provide a two-hour sexual harassment training to all supervisory employees and a one-hour training to nonsupervisory employees within six months of employment. Sexual harassment training is done in a classroom setting or through an electronic platform that meets California’s requirements.
If an employee experiences sexual harassment within their workplace, they should first double-check their employer’s sexual harassment policy. Employees should follow the company policy protocol for reporting sexual harassment to an employer. Employers who do not remedy or address the situation are also liable for workplace harassment.
Suing an Employer for Work Injuries in California

The California Department of Industrial Relations oversees worker’s compensation and claims of workplace injuries. Employees injured while at work should immediately notify their employer or supervisor. If an employee gradually becomes injured because of work, they should notify supervisors as soon as they develop symptoms or side effects.

The statute of limitations to report workplace injuries is 30 days. If a work does not report their injury within that time, they may forego the right to workers’ compensation. Workers’ compensation is benefits providing an employee with medical treatment for injury and some wages lost during recovery.

After an employee submits a workers’ compensation claim, employers must pay for reasonable medical treatment. Doctors will follow the Medical Treatment Utilization Schedule and have a claims adjustor approve the treatment plan.

Suing an Employer for Retaliation in California

If an employer retaliates against an employee by firing them, lowering or withholding wages, or any other unlawful act, employees can file a suit against their employer. Employees can file claims for wrongful termination under both state and federal laws. The Department of Fair Employment and Housing (DFEH) handles wrongful termination cases in California, and the Equal Employment and Opportunity Commission (EEOC) oversees federal termination cases.

California does not allow employers to terminate employees who report or file a claim with the Department of Industrial relations against their employer’s unpaid wages, overtime pay, and unpaid meal and rest break violations.

California law does not allow employers to retaliate or terminate employees using accrued sick or family leave. If an employee requests paid sick or family leave and their employer fires them within 30 days, an employer can become liable for wrongful termination.

Employers also cannot fire employees for reporting workplace sexual harassment. Employees can file claims with the California Department of Fair Employment and Housing (DFEH) or the Federal Equal Employment Opportunity Commission (EEOC). Employees only need to submit one claim since the agencies work together to investigate the claim.

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If you or a loved one would like to learn more about Grounds to Sue Your Employer California, get your free consultation with one of our Employment Attorneys in California today!