San Francisco Employment Law Firm Encourages Employees to Know Their Rights

California law protects employees from a wide range of labor violations including wrongful termination, retaliation, discrimination, harassment and wage theft. However, employees sometimes may not realize they are experiencing illegal behavior in the workplace at the hands of their employers, supervisors or coworkers. Knowing and understanding your rights as an employee is important so that you can take appropriate legal action when necessary.

Employees have the right to report misconduct and unlawful behavior in the workplace, whether it is unpaid overtime or sexual harassment. Employers are required by law to immediately investigate complaints and take action to remedy the situation. They cannot retaliate against an employee for filing a complaint. While retaliation can often involve the employee being fired, it may also take other forms such as a demotion, pay cut or negative performance review.

Employers also cannot fire or retaliate against employees for discriminatory reasons. For example, California’s Fair Employment and Housing Act makes it illegal for employers to discriminate against employees based on their disability. Employers are required to offer reasonable accommodation that helps the employee continue performing their daily tasks, whether it is a modified schedule, specially installed equipment or other means.

Employees have the right to a safe work environment that is free from harassment. There are two types of workplace sexual harassment: hostile work environment and quid pro quo. Regardless of the type and severity of sexual harassment the employee experiences, or how often it occurs, it is unlawful for employers to fire an employee in retaliation for complaining about the harassment.

Employees also cannot be fired for exercising their legal right to take up to 12 weeks of unpaid medical leave each year, as per the Family and Medical Leave Act and California Family Rights Act. Receiving timely payment of all wages, commissions and overtime is another key right employees have under California law. Just because an employer says you are an independent contractor or exempt, does not necessarily mean you are not entitled to overtime pay. It is possible to recover owed wages if your employer refuses to pay you for all hours worked.

The lawyers at McCormack & Erlich are experienced in fighting to protect the rights of employees who have experienced various labor violations and been treated unfairly in the workplace. Contact the experienced employment attorneys at McCormack & Erlich today to learn more.

McCormack & Erlich
150 Post Street, Suite 742
San Francisco, CA 94108
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