Mission Viejo Employment Law Overview
Employment law is the area of law that governs employee-employer relationships. There are laws that cover when you can be fired, how much your employer has to pay you, and who can be held liable for certain types of employment law claims. It’s a good idea to familiarize yourself with as many employment law concepts as possible so you can make sure you’re being treated fairly and legally.
If you believe you need an employment law firm, Sessions & Kimball can help. We have been helping Mission Viejo employees since 1985. Whether your dispute involves discrimination, harassment, retaliation, unpaid wages, wrongful termination, or any other workplace illegality, our employment law attorneys have the experience and resources to provide effective and aggressive representation. Contact our office today by using our online contact form or call us at (949) 380-0900 for a free consultation.
Why You Need A Mission Viejo Employment Lawyer
If you believe you’ve been the victim of some type of employment law breach, it’s crucial to contact an experienced employment lawyer right away. There are many laws and regulations surrounding employment that you might not be aware of. For example, you might be entitled to overtime that you didn’t realize was owed to you. Additionally, knowing what amounts to harassment or unlawful termination is also important so you can make sure that your rights are protected. Sessions & Kimball in Mission Viejo offers free consultations and is always happy to answer any employment-related questions you might have.
Protections You Might Not Be Aware Of
Most people are aware that an employer cannot discriminate based on specific protected characteristics, such as sex, religion, or marital status, among others. However, there are some other more obscure protections that you might not be aware of.
1. Political Activity Retaliation in California Employment Law
In California, there is a law that prohibits your employer from the following:
- Implementing policies that prevent employees from engaging in political activities, running for office, or attempting to control or direct an employee’s political activity.
- Trying to control an employees’ political activities by threatening to engage in political activity retaliation
- Retaliating in any way for an employee’s political beliefs or activities
Examples of Illegal Political Retaliation In The Workplace
- You write an op-ed in the local paper criticizing a candidate who is running for office. This candidate has been a significant donor to your employer. Your employer then fires you.
- You join the board of a non-profit organization that opposes abortion and promotes pro-life advocacy. Once your employer finds out, you are terminated.
If you believe you’ve been terminated as a result of your political activity, you may be able to file a lawsuit against your employer for public policy wrongful termination. If your work environment has been made to be unbearable and hostile and you feel that you’ve been forced to quit, you can likely file a lawsuit for constructive Mission Viejo wrongful termination.
2. Alcohol And Drug Rehabilitation Leave
In California, you are guaranteed time off for alcohol and drug rehabilitation. This applies to all employers who have 25 or more employees. The law states that your employer is required to offer reasonable accommodations to any employee who wishes to enter treatment voluntarily. However, you are not entitled to payment for the time you take off for this reason. Your employer is required to allow you to use sick days, though.
What Does Reasonable Accommodation Mean In This Context?
Regarding drug and alcohol rehabilitation, a reasonable accommodation is not clearly laid out in the law. However, some common examples of reasonable accommodation include taking time off from work to receive treatment, allowing employees to use sick days to participate in treatment, reassigning employees to a different position, adjusting their work schedule or breaks to enable them to seek treatment and any other reasonable changes in employment that would help an employee accommodate their participation in treatment.
Your Employer Cannot Terminate Or Demote You
Your employer is not permitted to terminate you or demote you as a result of your seeking drug and alcohol treatment. They cannot take any adverse employment actions against you, which may include a salary decrease or relocating your workspace to isolate you from others. It is unlawful for them to discriminate against you in any way for taking leave or requesting accommodation in order to participate in treatment.
However, there is an exception. If, as a result of your drug or alcohol use, you are unable to perform your job or you cannot perform the duties in a way that would not endanger your health and safety, or the health and safety of others, your employer is permitted to fire you.
3. Voting Leave
Under California law, your employer is required to provide you with time off to vote if you do not have enough time to vote outside of employment hours. The law generally provides you with up to two hours of paid time off in order to vote, either at the beginning or end of your shift (or at a different time if you make an agreement with your employer). If you wish to take time off to vote, you are required to give your employer three days’ notice.
Sessions & Kimball Is Your Go-To Employment Law Firm
If you need an employment law attorney, Sessions & Kimball LLP is an excellent choice. We have been representing employees exclusively for almost four decades. We stand up for employees every day to help secure justice for our clients, protect other employees, educate workers about problematic workspaces, and set a high standard in the community for a better society
Additionally, you won’t pay us a penny unless we successfully settle or win your case. Every year, we recover millions of dollars for our clients. You can rest assured that if we take your case, we’re confident that we can win. Contact our Mission Viejo employment lawyers today by using our online contact form or call us at (949) 380-0900 for a free consultation today.