Chino

As a layperson, it may be difficult to know whether the dispute you’re having with your employer is serious enough to warrant litigation. Workplace problems may be the result of discrimination, harassment, whistleblower retaliation or wage and hour violations. You should consult a seasoned Chino employment law attorney to protect your interests if you are facing any of these types of issues. At the Calderone Law Firm, we can use insights gained over 20 years of experience to provide strong protection of your interests in employment litigation.

Under federal, state, and local laws, you are protected against discrimination, harassment, and retaliation based on any of the traits they protect. The most expansive protection in most cases is available under the California Fair Employment and Housing Act (FEHA), which applies to those employees who work for an employer that has at least 5 employees. Traits that are protected include ancestry, national origin, race, color, creed, religion, mental disability, physical disability, medical conditions, sex, sexual orientation, gender identity, marital status, reproductive health decisions, military status, and genetic information.

Discrimination occurs any time you are treated adversely on the job because of your protected trait. For instance, if you get AIDS and are fired because of it, you likely have a case for medical condition discrimination. Similarly, if you are demoted because you come out as gay, you likely have a case for sexual orientation discrimination.

Special protection is afforded to whistleblowers, those employees who report their employer’s misconduct to the authorities; your employer is not permitted to retaliate against you for reporting what you reasonably believe are illegal acts or wrongful conduct to authorities. In some cases, however, employers do retaliate against whistleblowers by writing them up unfairly, passing them over for promotions, failing to provide necessary training, demotion, or termination. It is essential to talk to a lawyer if you believe that you have been retaliated against for reporting your employer’s illegal conduct; in fact, it can be wise to seek legal counsel even before reporting the act to the authorities.

You may not find it easy to know whether you’ve been subject to retaliation. There are a range of employment actions that could be considered retaliatory. If, for example, you witnessed your manager committing safety violations at the warehouse where you work, and you reported the employer to OSHA, and then the employer demoted you, you may have a claim for whistleblower retaliation.

Nonexempt employees receive protections under California and federal wage and hour laws that apply to minimum wage, overtime, rest and meal breaks, equipment, and uniforms. One such protection is overtime: your employer must pay you 1.5 times your regular rate of pay if you work more than eight hours in a workday, more than 40 hours in a single workweek, and for the first eight hours worked on your seventh consecutive day of work in a single work week. Protections like this are not given to gig workers or independent contractors or exempt employees.

In order to avoid providing their nonexempt employees with the required protections, however, employers sometimes misclassify their workers. It is important to understand that whether you count as a nonexempt employee is a legal question, not up to the whims of your employer; you should consult a seasoned lawyer to determine whether you’ve been misclassified. Sometimes the damages awarded in wage and hour matters are small, and it can be difficult to find a lawyer who is willing to litigate your case for a small sum. You should find out whether there are other similarly situated employees in your work place and talk to a class action attorney to find out whether you can join together to bring a class action lawsuit for damages.

Whether you’re worried about reporting sexual harassment or you have been retaliated against for whistleblowing, you should discuss your case with a tenacious Chino employment attorney, such as those at Calderone Law Firm. Please contact us online or call us at (424) 348-8290.