About Employment Law in Santa Ana
Most people rely on employment for their livelihood, and most of us have to work nearly every day. Employees have rights under federal and California law, and when these rights are violated, life can get tough and confusing quickly. Hiring a top Santa Ana employment lawyer will make all the difference.
Employment law is arguably one of the most encompassing and complex areas of law in America today. It covers all facets of the relationship between an employer and an employee, including wages, hours, rest breaks, hiring and firing, and more. Employment law consists of numerous federal and state statutes, judicial decisions, and administrative rules. Common areas of employment law include wrongful termination, discrimination, and harassment. Below is some additional information on some particularly pressing areas of employment law.
Wrongful Termination
Every state and the District of Columbia are at-will employment jurisdictions. This fact means that, in most cases, your employer can fire you at any time for any reason – provided it is not an impermissible reason, such as bias towards an employee's race or gender.
In addition, if an employer and employee form a contract that overrides at-will employment, a terminated employee may have a claim if they are terminated. For example, this might happen if an employee establishes that an implied contract for a set term of employment existed and that the employee was terminated without cause too early. In that case, they may be successful in a wrongful termination claim. An employee handbook might even state that employee termination is supposed to be for cause, the courts may rule that there was an implied contract which gives rise to the former employee’s legal claim.
Sexual Harassment
Sexual harassment in the workplace is another issue that often arises in the context of Santa Ana employment law. The Equal Employment Opportunity Commission (EEOC) handles workplace sexual harassment claims, as well as state agencies. Employers cannot harass or exclude an employee or potential employee due to their sex or related factors. Sexual harassment can include:
- Unwelcome sexual advances
- Requests for sexual favors
- Other verbal or physical harassment of a sexual nature
Sexual harassment laws don’t address mere teasing or isolated incidents that are not serious. However, harassment becomes illegal if it is done with such frequency or severity that it causes others to feel that the work environment is hostile or offensive. Sexual harassment can also involve a superior making sexual conduct a condition of employment. If you’ve been sexually harassed, don’t hesitate to call the top employment attorney in Santa Ana.
Hostile Work Environment
While your place of employment likely isn’t your favorite place to be, it should still have a significant degree of safety and security. You shouldn’t have to walk into work every day afraid of what you might encounter, how someone might treat you, or what they say, especially if it involves discrimination or harassment.
A hostile work environment intimidates employees, causing them to feel uncomfortable and/or scared because of the uninvited behavior and harassment of others. The EEOC says that harassment causing a hostile work environment is “unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.”
Types of Discrimination in the Workplace
Despite multiple federal and state laws, workplace discrimination persists. Unfortunately, there are many types of discrimination that can occur in the workplace. These include:
- Age discrimination: Employees over the age of 40 can be singled out and not given the same opportunities as others
- Gender discrimination: Gender discrimination in the workplace isn’t a thing of the past. It still happens today. Men and women working for the same employer doing the same job often have quite different experiences or unfair treatment.
- Disability discrimination: Whether it’s a physical or mental disability, the law protects those with disabilities in the American workforce.
- Racial and ethnic discrimination: Despite how racially diverse as American workplaces have become, racial and ethnic discrimination is sadly still alive and well today.
In general, discrimination involves unfair treatment or adverse employment action against an individual or group of individuals based on something they can’t or shouldn’t have to change.
Contact an Employment Attorney in Santa Ana
Maybe you face a hostile work environment each day in Santa Ana as you go to earn a living for your family. Perhaps you were wrongfully terminated and don’t understand why or suspect your employer may be unfairly withholding overtime or other compensation.
Whatever employment law matter you are dealing with, an employment lawyer in Santa Ana can help. They understand the unknowns, anxieties, frustrations, and fears that workplace legal matters can bring. If you are dealing with any employment issue, it’s always best to consult with the best Santa Ana employment attorney to determine your best course of action.
Matters of employment law are sensitive and confidential matters. With so much at stake, you need a top employment lawyer in Santa Ana by your side. You have legal rights and options, and to obtain the resolution you need in your employment circumstances, you need an advocate on your side.
