There might be many reasons that you need an employment attorney in the job arena, both for the boss and the employees. Employees face many issues with their employers and the same can be said about the employers and the employees. Both types of people can use an employment attorney when these issues arise. The employment attorney will help both the employer and the employees, depending on the issues they are having.
There are also laws put in place in California and other states that prohibit either the employee or the employer from retaliating against the other for a variety of reasons. In fact, the California employment lawyer gives all the ins and outs of these non-discriminatory laws. They can help protect both the employer and the employee.
This article will share some of the parts of the law with you so that you know your rights and the rights of your employees. This is not a legal article so be sure to do your research to find everything that you need to know. It can go a long way in protecting you at your place of business.
California Employment Lawyer Article 2
- Labor Code Section 96(k)
This section says that the Labor Commissioner can be assigned claims that result in loss of wages that come from retaliation for conduct that is lawful that happens during nonworking hours and away from the employer’s business. This can protect the employee from losing wages for doing things on their own time such as going to a party or things like that. An employer can do whatever they please as long as it is legal to do so outside of business hours.
- Labor Code Section 98.6
This section protects the employee who wants to file or threaten a complaint or claim with the Labor Commissioner. This basically says that if an employee files such a complaint or claim, they are protected from loss of wages or hours at work. If the employer decides to take any action against the employee, they can be fined up to $10,000 for each infraction. This protects the employee and keeps them from suffering any ill effects from the employer when they feel that they are being discriminated against for filing a complaint or claim.
- Labor Code Section 230(a)
This section gives the employee right to take off for jury duty as long as they provide plenty of notice to the employer. This protects the employee from any retaliation from the employer including loss of wages or loss of hours. Every citizen has the right to serve on a jury when they are called for jury duty.
- Labor Code Section 230(b)
This section says that the employer can not retaliate against the employee if they must go to court for any legal issues that result from a crime. This includes being subpoenaed or having a court order to be a witness in a crime. The employee has the right to attend court to testify in issues that pertain to them.
- Labor Code Section 230(c)
This section says that the employer cannot retaliate against the employee for taking time off after a domestic violence situation, sexual assault, or stalking, especially if this resulted in physical or mental injury or threat of physical injury: https://www.dol.gov/agencies/whd/retaliation. This also includes the same things happening to a family member or child. This also means that the employer cannot retaliate against the employee for taking time off for taking care of the health and safety of their children or family members.
- Labor Code Section 230(e)
This section says that the employer may not retaliate or discharge an employee who is the victim of a crime or abuse as long as the employee has given the employer the information or if the employer knows about the situation. This protects the employee when they are a victim of crimes or abuse so that they can properly care for themselves or their children. This way they know they can still have employment after such a crime or abuse has occurred if they so choose.
- Labor Code Section 230(f)
This section basically says that the employer must put in place reasonable accommodations for the employee that is the victim of domestic violence, stalking, or sexual assault. Reasonable accommodations can be seen here. This also applies to employees that have had a family member that is deceased due to a crime. This protection can include assistance in documenting the incidences and work adjustments that will help the employee.
- Labor Code Section 230.1
This section again protects the employee if they are the victim of domestic violence, sexual assault, or stalking. This section protects the employee if they must take time off for healing, counseling, safety planning, and any other reasons they may be gone from work. This section applies to employers who have 25 employers or more.
- Labor Code Section 230.2(b)
This section states that the employee has the right to take time off work and expect to still be employed if they need to go to court for the aforementioned instance. The employee should feel comfortable in taking the time off work to protect themselves and their families and be able to testify against their abusers. They should have a reasonable expectation to be able to return to work in the same capacity as before the incident.
- Labor Code Section 230.3
This section protects any volunteer firefighters, peace officers, or emergency rescue personnel at times of deployment in emergencies. It also protects nurses who need to be called in for emergency situations as long as they provide notice to their employers. These employees shall have a reasonable expectation of having their jobs waiting for them when they return. They should not have to worry about their jobs if they are deployed for an emergency.
These are just a few of the codes that protect employees from retaliation or losing their jobs. There are more and you can do some research to find out more about these codes. Just know that there are reasonable expectations from your employer should you face any of these situations.