Retaliation Like Discrimination, federal and state laws prohibit employers from terminating employees for certain retaliatory reasons. A termination might be considered a wrongful termination if based on:
•Retaliation based on age, national origin, sex, pregnancy, religion, sexual orientation or marital status. Also, if an employer terminates an employee for making complaints about discrimination based on any of the listed classifications, that termination may be considered an illegal retaliation;
•Retaliation for seeking a reasonable accommodation for a disability; •Retaliation for taking medical leave or a leave to care for a sick parent or child
•Retaliation for making complaints about wage violations, such as nonpayment of minimum wage or overtime compensation;
•Retaliation for having complained about workplace safety;
•Retaliation for having complained to an employer or a government agency about the employer's illegal practices. Even if an employee has not been terminated, they may have a claim against their employer if their employer has subjected them to unlawful harassment or discrimination. Harassment based on race, national origin, sex, pregnancy, disability, age, religion, sexual orientation or marital status may be illegal.
Harassment. The conduct of your Supervisor, or co-worker, if severe or pervasive, may be a hostile work environment, or harassment. Also, your employer will be liable for failure prevent harassment, failure to protect you from retaliation for complaining about the harassment, or for failing to investigate the harassment.
Discrimination: Many state, federal and local laws prohibit employers from terminating employees for various reasons. Under California labor law, a termination might be considered a wrongful termination if it is based on one of the following (this is just a sampling of basis for wrongful termination claims):
•Discrimination based on age, national origin, sex, pregnancy, religion, sexual orientation or marital status. Also, if an employer terminates an employee for making complaints about discrimination based on any of the listed classifications, that termination may be considered an illegal retaliation;
Discrimination based on disability, failure to engage in the interactive process [talk to you about your limitations, and consider accommodations], failure to accommodate, or retaliation for seeking a reasonable accommodation for a disability; •Discrimination or retaliation for taking a medical leave or a leave to care for a sick parent or child;
•Discrimination or retaliation for making complaints about wage violations, such as nonpayment of minimum wage or overtime compensation;
•Discrimination or retaliation for having complained about workplace safety;
•Discrimination or retaliation for having complained to an employer or a government agency about the employer's illegal practices. Under California labor law, even if an employee has not been terminated, they may have a claim against their employer if their employer has subjected them to unlawful harassment or discrimination. Harassment based on race, national origin, sex, pregnancy, disability, age, religion, sexual orientation or marital status may be illegal.
Wage and Hour. We represent employees who have been denied proper compensation under State and Federal Labor laws. We pursue claims for Unpaid overtime (defined as working over 8 hours per day and/or over 40 hours per week without being paid time and one half in overtime compensation), Minimum wage violations (working without being paid $6.75 per hour), Unpaid "off the clock" work, Unpaid meetings or training, Meal Break violations: working shifts over 5 hours without being provided a 30 minute off-duty meal break, Rest Break violations: working shifts over 4 hours without being provided a 10 minute rest break