If your employer violated your California employment law rights, you have grounds to file a lawsuit. That said, what can you sue an employer for? What are your employment law rights in California?
Let's look at the most common reasons to sue employers in California:
Common Reasons To Sue An Employer In California
California has one of the broadest protection for workers' rights. If your situation matches any of the following, you'll have the right to consult a California employment lawyer to help you file claims:
You can sue an employer for discrimination.
If you have been the victim of discrimination, you may be able to sue your employer for damages. Discrimination can be based on many factors, including race, color, national origin, ancestry, religion, sex (including pregnancy), sexual orientation (including gender identity), age (40 and over), disability, and genetic information.
You must show that your employer treated you differently because of a protected class to win a discrimination lawsuit against them. Hence, you need proof of this happening. Your employment attorney in California can help you find evidence to solidify your claim.
You can sue an employer for wrongful termination.
Wrongful termination is when an employer fires you for illegal reasons. In California, there are three main types of wrongful termination:
- Being fired for reporting illegal activity or whistleblowing (i.e., telling someone in authority about criminal activity that's going on in your workplace). This is called whistleblower retaliation; it's against California law, and you can sue for this type of wrongful termination.
- For example, if you were fired after complaining about sexual harassment or racial discrimination at work, your boss might have violated whistleblower laws by firing you as a form of retaliation. You can file a claim on behalf of yourself and other employees who were also affected by similar circumstances.
- Your employer discriminates against disabled or older workers based on age concerning hiring practices, promotion opportunities, wages, and benefits the company offers; this is also known as age discrimination.
- If an employee falls under any other protected status, they cannot be terminated unless there was just cause behind doing so.
You can sue an employer for retaliation.
You can also sue your employer for retaliation. Retaliation occurs when an employer punishes you for taking legal action. For example, if you take leave from work due to a medical condition or injury and your boss retaliates by firing you, this is illegal and grounds an employment lawsuit in California.
Many forms of retaliation may be illegal. These include:
- Being fired
- Being demoted
- Not getting a raise or promotion (even though others who don't know about the lawsuit get the raise or promotion)
Any employment decision at your expense that's meant to punish or get back at you for exercising your rights can be considered retaliation in California law. Consult with a California employment law attorney to ensure a successful case.
You can sue employers for violations of public policy.
Another type of lawsuit is one that claims your employer violated public policy. This can happen if, for example, they discriminate against you based on race or gender or if they fail to pay you minimum wage.
You may also have a cause of action against your employer if they fire you because you exercised some right granted by law. For example, refusing to do something illegal at work or reporting sexual harassment.
You can sue an employer for constructive discharge or termination.
A constructive discharge is when working conditions are made so intolerable that the employee has no choice but to quit or resign. Employees who stay on the job because they fear retaliation by the employer can still sue for constructive discharge.
However, proving that your working conditions were unbearable and caused you to quit isn't always straightforward. This can be especially true when there are no witnesses or other direct evidence from which we can draw inferences about what happened during employment. A Los Angeles labor lawyer can conduct their own investigation to help you gather more evidence to strengthen your claim.
The law doesn't specifically protect employees from being yelled at, but it does protect them from a hostile work environment.
Your employer can't retaliate against you for bringing a claim. If your boss or a coworker retaliates against you, that's illegal and can be grounds for filing a civil suit.
Your employer must provide a safe working environment free from discrimination, harassment, and bullying. The law doesn't specifically protect employees from being yelled at, but it does protect them from a hostile work environment.
It's not just about the words being said or actions taken. It's also about how those words affect your ability to perform your job duties and how they make you feel as an employee. For example, if something makes you feel uncomfortable, harassed, or fearful enough to interfere with your performance, this could be considered under California employment laws.
You can sue for harassment.
Employers must take immediate action if someone has been harassing or discriminating against another employee in the workplace. This is to stop this behavior before it becomes severe enough that management can no longer control the situation themselves.
If an employer fails to prevent harassment from occurring within their company despite knowing about ongoing incidents between two coworkers, then they risk being held liable if things escalate.
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