As a pervious posts on this blog discussed, employees in California are protected under state and federal laws from being punished at work simply for exercising certain legal or basic civil rights. They are also protected from retaliation for reporting an employer's violations of state or federal law, so long as they follow the terms of the state's whistleblower statute when doing so.
Even in what seems like a safe occupation, a Los Angeles worker can find that he or she has been hurt on the job and will need to file a workers' compensation claim. This may make some workers hesitate. After all, employers do not like it when workers have to ask for workers' compensation benefits because it means higher insurance premiums for the employer. Higher insurance premiums in turn mean that an employer loses profit on the bottom line.
A recent post on this blog discussed the noteworthy case of a Goggle software engineer's legal claim that he was the victim of political viewpoint discrimination, and specifically, got fired for expressing a minority political view.
Although California is still an employment at will state, the laws of this state actually protect employees from getting fired or facing other disciplinary or adverse action in a lot of different circumstances.
In the Los Angeles area, and across the country, the modern workplace tends to be extremely diverse. Most workers and employers understand the value of diversity and work to maintain a comfortable, productive and professional environment. However, there are times when certain incidents arise that can make all workers understandably apprehensive. The use of racial slurs can be deeply offensive to people from all backgrounds, and hearing them in the workplace can be jarring, at the very least, even as a bystander. Employers who fail to correct a hostile work environment can face litigation.
California's labor laws may be numerous and often complex, but they exist for critical reasons. One such reason is the protection of the countless workers who form the heart of the state's economy. A key protection offered by the state is protection against employer retaliation. A Los Angeles wrongful termination attorney can provide legal advice on this topic.
Employees in California, and the rest of the country, deserves to enjoy their job and feel like they are treated fairly by their employer and their co-workers. However, for many employees that are members of a protected class, or those that have reported compliance or safety concerns regarding their employer, this may not be the case. When an employee feels that he or she is being discriminated or retaliated against by his or her employer, it is important for he or she to understand and protect his or her rights to a safe and enjoyable work environment.
Employees who have been harassed or discriminated against in the workplace may face additional negative treatment if they elect to report such actions. Regardless of the specific action, if it is taken as a result of an employee's good faith report of unlawful activity, it is retaliation against the employee. Employees who are the subject of employer retaliation are those who have made an internal complaint, a complaint to a governmental entity or filed a legal action against the company.
Employees are granted numerous rights in the workplace, one of which is protection from negative treatment or actions by their employer for engaging in activities that they are allowed to do by law. Retaliation applies to specific individuals and only in certain situations, so employees should be aware of the rules of employer retaliation actions.
As many California residents are likely aware, everyone has bad days at work. However, when those bad days include discrimination, harassment or a hostile work environment, there may be illegal activities going on in the workplace. Employers must follow state and federal employment laws when it comes to the way they treat their employees.