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Western states employment law, PC
916-839-4404
Public Sector Employment
Public employees typically have similar workplace protections as their private sector counterparts. However, there are some important distinctions that public sector employees should be aware of to ensure that their rights are fully protected.
Depending on an employee’s claim, it may be necessary to file a claim under the California Tort Claims Act before proceeding with a lawsuit. Only after the public entity receives and rejects the claim can the employee proceed. Failing to file the required claim could impact what claims an employee will able to bring in a lawsuit.
Contacting employment counsel about potential claims involving a public sector employment is important to ensure your rights are protected.
Claims against a public sector employee do not normally include punitive damages, but many of the other remedies, such as lost wages, emotional distress, and attorney fees, remain available for public employees.
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.
How We Can Help
Our work for you as one of our clients involves several activities, including:
- Collecting information and conducting research
- Conducting witness interviews and obtaining witness declarations
- Taking and defending depositions
- Providing guidance about how to proceed with your case
- Seeking to resolve your dispute through negotiations or mediation
- Litigating your case through trial, if necessary
Contact Us
500 Capitol Mall
Suite 2350
Sacramento, CA 95814
By Appointment Only
916-839-4404
Office Hours
Monday to Friday
9:00 am to 6:00 pm
W
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Western states
employment law, PC
Shane Larsen
attorney bio
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