For many, entering the workforce was a rite of passage during our teenage years. Yet, seldom were we given a comprehensive understanding of our employment rights. Employment law, with its multifaceted nature, often leaves employees grappling with the legality of their employer’s actions.
Knowing your rights is paramount, and a California employment attorney can elucidate these nuances. In this discussion, we’ll address some of the common misconceptions surrounding employment law in California. If any of these concerns resonate with you, reach out to PLBH at (800) 435-7542 for a more in-depth consultation.
Misunderstanding: Workplace Harassment is Always Unlawful
The distressing reality is that many endure harassment in their professional settings. Yet, experiencing such discomfort doesn’t always equate to a legal breach. Harassment is only deemed unlawful when it targets an individual based on their association with a protected category under Californian or federal statutes. This means harassment due to attributes like race, disability, religious beliefs, national origin, or age falls under illegal activities.
Mistaken Belief: An Employer Needs a Solid Reason for Termination
In California, the employment framework is predominantly “at-will.” This system grants employers the discretion to terminate an employee’s contract for almost any reason, provided it isn’t illegal. Notable exceptions include instances where the employee is contract-bound, a union member, or works in a governmental capacity. Otherwise, employers generally hold the right to make such decisions.
False Notion: Sexual Harassment Laws Solely Defend Women
While a significant number of sexual harassment claims come from women, the reality is that men, too, can fall victim. The law doesn’t discriminate based on gender. Harassment, whether of the same or opposite sex, is condemned equally under both state and federal laws.
Erroneous View: Age-based Termination is Always Illegal
Both state and federal regulations safeguard against age-based discrimination. However, it’s crucial to note that these protections cater primarily to those aged 40 and above. Thus, if an employee under 40 faces termination due to age, it may not necessarily be against the law.
Given the intricate nature of employment law, overarching statements might not always hold. Situations can be deceiving. For instance, you might feel your job termination was fair since no direct mention of race was involved. Yet, a skilled California employment attorney could discern underlying patterns hinting at racial biases. If you ever find yourself doubting the legality of your employer’s actions, consulting with a seasoned lawyer can be invaluable. They’ll offer insights, elucidate your rights, and guide you on potential litigation paths.
At PLBH, our dedicated team is well-versed in the myriad aspects of California’s employment law. We passionately advocate for our clients, striving tirelessly to secure favorable outcomes. For a deeper understanding or to schedule a session with a seasoned California employment attorney, reach out to us at (800) 435-7542 today.