Fresno, CA Employment Law Services
Our employment law experts in Fresno handle a wide range of legal issues involving workplace misconduct. The services our Fresno employment law firm provides include the following:
Types of Workplace Discrimination
Workplace discrimination can take many forms, and it is important for employees to recognize when they are being treated unfairly based on certain characteristics. Common types of discrimination include:
- Race or Ethnicity: Employees may face discrimination because of their race, skin color, or national origin.
- Gender or Sex: Discrimination based on gender, including unequal pay or opportunities for advancement.
- Age: Older employees may experience age discrimination, especially if they are treated unfairly in hiring, promotions, or layoffs.
- Sexual Orientation: LGBTQ+ employees may be subjected to discrimination based on their sexual orientation.
- Religion: Employees may face discrimination due to their religious beliefs or practices.
- Disability: Employees with physical or mental disabilities are protected from discrimination under the Americans with Disabilities Act (ADA).
Both federal and state laws protect employees from discrimination. Key laws include:
- Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, religion, sex, or national origin.
- Americans with Disabilities Act (ADA): Protects individuals with disabilities from discrimination in the workplace.
- Age Discrimination in Employment Act (ADEA): Prohibits discrimination against workers 40 and older.
What to Do if You Experience Harassment at Work
If you face harassment at work, here are practical steps you should take:
- Report the Harassment: Inform your supervisor, HR department, or the appropriate company authority. Many employers have policies for reporting harassment.
- Document Everything: Keep a record of each harassment incident, including dates, times, locations, and any witnesses.
- Seek Legal Counsel: If the harassment persists or your employer does not address it, consider contacting an employment lawyer to discuss your options.
Preserving evidence is key. Photos, emails, and witness statements can support your harassment claims.
How to Handle Retaliation at Work
Retaliation occurs when an employer punishes an employee for engaging in a protected activity, such as reporting harassment or discrimination. Examples of retaliation include:
- Demotion or reduction in responsibilities
- Negative performance evaluations that are unwarranted
- Termination or unjust firing
If you experience retaliation, take the following steps:
- Report the Retaliation: Inform HR or your manager immediately.
- Keep Detailed Records: Document any retaliatory actions and keep track of communications with your employer.
- Consult with an Attorney: A lawyer can help you navigate retaliation claims and ensure your rights are protected.
Understanding Wrongful Termination in California
Wrongful termination happens when an employee is fired for illegal reasons. These reasons can include:
- Discrimination: Termination based on race, gender, age, or other protected categories.
- Retaliation: Firing an employee for reporting illegal activities or participating in investigations.
- Violation of Public Policy: Firing an employee for reasons that violate California public policy, such as reporting unsafe working conditions or refusing to break the law.
California is an "at-will" employment state, meaning employers can generally terminate employees for any reason or no reason at all. However, exceptions to this rule include terminations that violate anti-discrimination laws, retaliation laws, or public policy protections. Understanding your rights and seeking legal advice is essential if you believe your termination was wrongful.
If you think your termination was unlawful, contact an attorney to explore your legal options.
- How can an attorney help with my workplace misconduct claim?
An attorney specializing in employment law can: - Help you understand your rights and the legal process.
- Guide you through reporting the misconduct and collecting evidence.
- Represent you in negotiations with your employer or in court, if necessary.
- Work to secure compensation for your damages, including lost wages and emotional distress.
- How long do I have to file a discrimination or harassment claim in California?
In California, the timeline to file a claim for workplace discrimination or harassment is typically within one year from the date of the incident. It's essential to act quickly, as waiting too long may impact your ability to take legal action. Reach out to an attorney as soon as possible to ensure you meet all deadlines.
Get Justice with Fresno's Trusted Employment Lawyers
If you or someone you know is struggling at work because of workplace misconduct, Webber & Egbert Employment Law, P.C. is ready to help. As our case results prove, we have a history of securing favorable outcomes for our clients. Don’t continue to struggle in silence. Our experienced team of employment lawyers can help you fight back and secure the justice you deserve.
For expert advice on employment law or workplace misconduct, call our Fresno attorneys at tel:(559) 254-4127 or contact us online today.