What You Can Sue an Employer For in California

Employees can be subject to a variety of illegal behaviors by an employer. Here’s what you can sue your employer for in California.

In California, an employee can sue their employer for

illegal termination of employment
failure to pay minimum wage
reduced pay
personal injuries
discrimination
sexual and workplace harassment
retaliation

1. Illegal termination of employment

Employment may be terminated at any time by an at-will employment state. However, employees can be unlawfully terminated in a variety of ways.

An employee may be considered unlawfully terminated if they were let go:

Without reason
Without supervisors following company policy
Due to Poor performance without warning or proof
With a Verbal or written contract in place
Post-complaint of fellow employees or the workplace

In order to pursue a case in regard to wrongful termination, an employee must provide proof that they were let go without any justification. Evidence may include contracts or written and verbal agreements.

2. Reduced Pay or Failing to Receive Minimum Wage Pay

Unfair or abusive pay reductions are prevented by the Wages and the Fair Labor Standards Act (FLSA). Furthermore, the FLSA sets essential standards for overtime pay, youth employment, and record keeping. An employee who has their pay deducted without any reason or warning is able to sue their employer for violation of the employment agreement.

Federal and State legislation requires that employees be paid a minimum wage. In the U.S the minimum wage is $7.25, and in California the minimum wage is $13. Employees must receive hourly pay for all their work. If an employee works over 40 hours a week they must receive overtime pay. Employers are legally required to keep accurate records of employee pay and hours worked.

Employees who realize that their pay is wrongfully reduced should find an employment lawyer to assist in pursuing legal action. In order to properly introduce legal action, the employee should provide notes on hours and time worked, pay stubs, and their employment contract. These documents can act as proof of illegal payment activity on the part of the employer.

3. Personal Injuries

In the majority of personal injury cases at work, employees can pursue financial compensation for medical bills and time off work due to the injury through their employer’s compensation insurance policy. If an employer fails to properly compensate the employee for the injury or does not carry the proper insurance, the employee should pursue legal action.

In order to pursue legal action, the employee should provide evidence that their employer failed to compensate them properly for medical expenses or lack of income during their time away from work as a result of their injury. It may be useful to provide photographic evidence of the workplace hazard that caused the injury when pursuing legal action against your employer.

4. Employee Discrimination

Employees who are victims of workplace discrimination can pursue file a lawsuit against their employer. The employee is required to present evidence that they were directly discriminated against in a manner unrelated to poor work performance. Not only does the employee have to prove that they conduct their responsibilities to the appropriate extent, they must also prove that they are part of a protected class. Furthermore, the employee is required to present evidence of the discriminatory act and must also prove that it resulted because of their membership in the protected class. For example, an African American individual can pursue legal action if they were discriminated against purely on the basis of their skin color.

5. Sexual and Workplace Harassment

Workplace harassment occurs when a fellow employee or supervisor makes a remark about the victims appearance or engages in inappropriate actions toward the victim. The majority of workplace harassment is related to workplace discrimination. In order to pursue legal action, the victim must provide evidence that the event occurred or continuously occured.

Sexual harassment occurs when a supervisor or fellow employee makes unwelcome sexual remarks or advances in the work environment. The proper response is to report the sexual harassment case or cases to the HR department. If your employer fails to act, then filing a case with the Equal Employment Opportunity Commission might be necessary. When filing a lawsuit, ensure that all relevant information and evidence has been obtained.

6. Retaliation

It is illegal for any employer to fire, demote, or reduce pay of an employee who is pursuing legal action against their employer. Other examples of retaliation include unrealistic job duties or excessive schedule changes.

When suing for retaliation, employees should make sure to provide a timeline of the events to prove any action against the employee was done in retaliation. The initial complaint or lawsuit against the employer should be included. Evidence of the actual retaliation should be presented.

FAQs

What is the statute of limitations for suing an employer?

The statute of limitations varies based on the illegal act that was committed by your employer.

Can I pursue legal action against my employer for harassment outside of the workplace?

An individual can pursue legal action for harassment that occurs outside the workplace If the harassment comes from a relationship that can be shown as work-related.

Can I sue my employer if their harassment wasn’t related to discriminatory behavior?

If an individual can prove emotional distress, a personal injury lawsuit can be brought against the employer.

Contact Us

If you or a loved one has reason to sue your employer in California, contact us. We’ll get you in touch with the most qualified California Employment Attorney for your unique legal matter. We won’t charge you a dime unless you win your case.