What Are Employee Rights in California?
Like most of us, you work for a living. You show up on time, perform your duties according to company standards, and you clock out. Occasionally, you work later when there’s a looming deadline. You do all this because you need money for rent, groceries, and other necessities, as well as a few luxuries. To lose your job could have serious, long-term consequences for you and those who rely on you.
However, just because you need a job doesn’t mean you should have to tolerate abuse at the workplace. As an employee, you have rights besides the fundamental right to get paid, including the right to fair treatment and the right to a safe and comfortable work environment. The purpose of this blog series is to inform you about some of the legal protections state and federal employment laws afford you.
What Can and Cannot an Employer Ask in a Job Interview?
An employer CAN ask you about your qualifications for the job as well as your ability to perform the essential functions of the job with or without a reasonable accommodation. An employer can also ask you about past criminal convictions and current charges.
However, an employer CANNOT ask you your age, sexual orientation, or religious affiliation. In addition, an employer cannot ask you about any past arrest that did not result in a conviction, plea, verdict, or finding of guilt (though there are exceptions).
Does My Employer Need a Good Reason to Fire Me?
Like almost every other state, California permits employers to discipline or fire their employees at will. In other words, an employee can be dismissed by an employer for any reason, and without warning. However, there are exceptions to the rule, including the following:
- You cannot be fired because of your age, race, sex, or other protected characteristic.
- You cannot be fired for reporting or filing a complaint with your employer about illegal activities or safety violations at the workplace.
- You cannot be fired at will if your job classification is covered by a collective bargaining agreement that stipulates that your employer must have just or good cause for firing an employee.
If you feel that you have been wrongly disciplined or fired, it is highly advised that you consult an experienced wrongful termination lawyer.
Best Employment Lawyers in California
If you have experienced unfair treatment at the workplace, call Wilshire Law Firm today at (213) 805-8549. We can provide you with a full understanding of your rights and best legal options in a FREE consultation.
