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Western states employment law, PC
916-839-4404
Employment Agreements
California is an at-will employment state, meaning that an employee can be terminated at any time for any reason so long as the termination was not based on an unlawful motivation, such as discrimination or retaliation. However, sometimes a person’s employment is based on an employment contract with their employer, which may limit how and when they can be dismissed.
Such agreements may also include specific pay, commissions, bonuses, and other benefits. If an employer breaches any provision of an employment agreement, an employee may have a breach of contract claim against the employer to ensure the terms of the contract are honored.
Another example of an employment agreement is a severance agreement offered to an employee as they leave the company. Severance agreements usually guarantee a payment to the departing employee in exchange for waiving legal claims they may have against the employer.
Before signing a severance agreement, and thus waiving potential legal claims, an employee should have experienced employment counsel review the agreement so the employee can make an informed decision and know whether the money the employer is offering is worth the claims the employee is giving up.
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California Employment Law
Wrongful Termination
Although California is an at-will employment state, an employer cannot terminate an employee for an unlawful reason. Unlawful reasons may include retaliation, discrimination, or breach of an agreement.
Discrimination
The law protects employees from discrimination based on specific characteristics, including disability or medical condition, race, gender, age, and religion. Employees who face discrimination may have a claim against their employer.
Harassment &
Sexual Harassment
The law protects employees from workplace harassment based on protected characteristics, including sex and gender. If conduct creates a hostile workplace or an employer requests sexual favors in exchange for job benefits, employees may have a claim against their employer.
Retaliation &
Whistleblowing
The law provides numerous prohibitions against retaliation. When an employer takes a negative employment action because an employee participated in protected activity, an employee may have a claim for retaliation.
Disability Accommodation
Employees who are disabled are entitled to accommodations to enable them to perform the essential functions of their job. Employers cannot discriminate against a disabled employee or retaliate against them for requesting an accommodation.
FMLA/CFRA Leave
Employees may be entitled to unpaid protected leave for personal or family medical issues. If an employer denies the leave or takes action against an employee for taking leave, an employee may have a claim against their employer.
Unpaid Wages, Overtime, Meal & Rest
The law ensures employees are compensated for their work. California has additional protections including meal and rest periods, accurate wage statements, and reimbursement for expenses. Employees have remedies when they are not properly compensated.
Public Sector Employment
Public employees may need to complete some important procedural steps to protect and enforce their workplace rights, including filing timely administrative claims or participating in pre-termination hearings.
Employment Agreements
Most California employees are at-will employees. Sometimes, employees have contracts that set the terms, compensation, and benefits of their employment. Employees should have a clear understanding of these agreements and the steps they can take if the employer breaches the agreement.
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Sacramento, CA 95814
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916-839-4404
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W
S
Western states
employment law, PC
Shane Larsen
attorney bio
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