California has many administrative agencies that protect all employees and allows them to pursue claims against their employer when their legal rights are violated. These agencies are often referred to as “labor law boards”, even though there is no agency in California with such a name. These boards treat, manage, and investigate certain workplace disputes and complaints similarly to a court, and most complaints against employers are brought before these agencies. This post will take you through the major agencies in California that are involved in labor and employment disputes, and also offer resources on how you can file a claim with them.

IDENTIFYING THE RIGHT LABOR LAW BOARD TO FILE YOUR COMPLAINT

Although California has many agencies, there are two major agencies used for workplace disputes. They include:

• The Department of Fair Employment and Housing
• The Office of the Labor Commissioner

Each of these two labor law boards has a distinct process for filing claims or complaints, and the types of issues they handle are generally specific. To choose the right agency, employees need to correctly identify the best labor law board for their case and ensure it is within the jurisdiction of the agency for proper complaint procedure. This is the first step in bringing a claim against the employer.

THE CALIFORNIA LABOR COMMISSION AND THE CLAIM YOU CAN FILE WITH EACH

The California Labor Commissioner’s office works to enforce minimum labor standards in workplaces across the state. The Labor Commissioner and their deputies are appointed by the governor of the State of California and have a legal right to visit all companies in California to help the board investigate, resolve, hear all claims under its jurisdiction and enforce California labor laws. Perhaps most importantly, the Labor Commissioner has the power to give a ruling on disputes that involve wages and hour complaints. Some of these claims include:

• Unpaid wages
• Unpaid commissions
• Unpaid vacation wages
• Unpaid minimum wage
• Failure to be paid for agreed benefits
• Unpaid overtime
• Distribution of pay stubs
• Rest and Meal break violations
• Failure to pay wages on time after employment’s termination
• Unpaid split shift pay (this is necessary when two(2) different work periods are separated by more than an hour meal break)
• Unlawful deductions from a paycheck
• Un-reimbursed business operating costs
• Late payment or failure to pay final wages

To sum up, the office of the Labor Commissioner manages wages and penalty claims as well as other employees’ demands for compensation from their employer. Furthermore, the Labor Commissioner’s office can also hear certain types of whistleblower and retaliation/discrimination claims. However, they must involve claims that the employer took unfavorable employment action against the worker (or any job candidate) probably because they are involved in some protected conducts. The office of the Labor Commissioner can give a ruling some whistleblower claims, but not all types of whistleblower claims. The detail of this is beyond this post.

THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING AND THE CLAIMS WITHIN THEIR JURISDICTION

The department of fair employment and housing may be the best place to file a complaint if an employee feels they have been discriminated against. Discrimination usually arises when some protected people or protected class are treated differently based on certain characteristics or attributes. A few instances of discrimination may include unwanted touching, jokes that are inappropriate, unjust compensation, poor working conditions, and job assignments.

The California’s Fair Employment and Housing Act (FEHA) offers the most protection to employees (regardless of their numbers working in a company), and eliminates discriminatory employment practices. Under the California Fair Employment and Housing Act, employers are prohibited from discriminating against or harassing employees, job applicants and certain groups of people on the basis of their color, race, sexual orientation, religion, ancestry, age (40 and above), medical condition, disability, harassment, sex (including pregnancy), marital status, genetic information, origin (including language constraints), military and veteran status. Any other issues that involve unfair treatment or treating an individual differently fall under their jurisdiction. Most times, retaliation usually follows discrimination and harassment.

WHAT IS RETALIATION ALL ABOUT

Retaliation arises when an employer or an agent acting on behalf of the employer react unfavorably or engages in unlawful behavior against an employee for filing a claim about some sort of discrimination/harassment or worker’s compensation, or for helping other employees in these complaints. Retaliation can also arise when an employer or an agent acting on behalf of the employer takes adverse actions against a worker for reporting unlawful behaviors by their employer – an act also known as whistle blowing.

Retaliation can come in many forms. For instance, if the employee files a claim and the employer or an agent acting on behalf of the employer then fires the employee because of the claim, then that would be retaliation. At times, the employee does not have to be fired to prove retaliation. Another instance is when an employee takes days off to look after an injury sustained in the workplace and the employer penalizes the employee, maybe through wage reduction. Under California law, this is prohibited. To prove retribution, an employee must show that:

1. The employer engaged in an unfavorable employment action, like firing the worker
2. They engaged in behavior that is protected under the California labor code (filed a worker’s compensation claim) and

• There was a connection between (i) and (ii) above.

The Fair Employment and Housing Act prohibits employers or an agent acting on behalf of the employer from retaliating against employees on these grounds. When the Fair Employment and Housing Act is violated, employees have a right to file a complaint with California’s Department of Fair Employment and Housing (the DFEH).

DFEH Versus DLSE

The DLSE and the DFEH work in the same way in that they both have the power to look into an employee’s claims and work with the employer to resolve any unlawful or illegal activities. However, the major difference is in the types of claims that the two agencies handle.

WHO CAN FILE A CLAIM WITH THE LABOR BOARD?

Any former or current employee or job applicants can file a claim for labor law violation, in relation to any part of the labor law as established in California by the Industrial Welfare Commission. The Labor law board will not query your immigration status nor report it to other government agencies. There is also no need for a social security number or photo identification to file a report for labor law violation. If your complaint is selected for investigation, your report will be kept confidential to the maximum extent possible under the law.

WHEN TO FILE A CLAIM WITH THE LABOR BOARD

The California labor law board maintains a listing of California laws that prohibits the denial of employee’s legal rights. If you have any issues affecting your working conditions in California, or you are discriminated against and harassed or you are seeking to get your legal unpaid wages, you have the right to file a claim with the appropriate California labor law board in a timely manner. Depending on the instances, reports must be by the statutory deadline. Talk to an attorney as to when that is. If your complaint is about:

• an oral agreement, you have a deadline to file by statute to file a complaint from the violation date.
• law or regulation in place (such as a minimum wage or overtime violation), you have a statutory deadline from the date of the violation to file a complaint.
• a written agreement, you a statutory deadline from the date of the violation to file a claim

The Labor law board prioritizes and investigates wage theft and other labor law violations. If the deadline is missed, you may be able to file a private lawsuit instead of filing a complaint. You should consult with an employment attorney for more details.

HOW TO FILE A COMPLAINT WITH THE LABOR LAW BOARD

After correctly identifying the type of claim and the best administrative agency that can hear the case, the employee can go ahead with preparing their complaint. The employee must:

• Determine the laws that the employer violated
• Collect any information that shows the employer took action against them because they exercised their labor rights.
• File any change in their employment conditions after they have exercised their rights, such as demotion or pay reductions.
• Collect documents to evaluate their employment conditions before that moment, such as timesheets, pay stubs, personnel commendations, notes, or evaluations, or other r
• ecords.

Reporting A Claim

To report a claim, the employee can either take or mail the complaint form to the Labor law board that handles the particular claim for the employee’s city or location where the employee performed the work that led to the complaint. Whichever way, the employee should make sure to complete the following steps:

• Download and print out the claim or complaint form.
• Complete the form in its entirety and ensure you provide all information requested to the best of your knowledge to avoid delays in processing, then sign and date the form.
• Attach copies of any supporting documents to your complaints. Do not send the original copies.
• Mail the completed complaint form and the supporting documents to the Labor law board
• If you are filing a workplace health and safety complaint, you may have additional protections.

It is advisable that the employee consult an employment attorney before filing their complaints just to ensure all their facts are correct, the claim is feasible and timely, and that the justice system is respected.

DETERMINATIONS

The California labor board will conduct a thorough investigation after you file your claim. And if the determination finds your employer guilty of any labor law violations, the board will send you a written determination by mail and require your employer to comply with it within 30 days. Otherwise, the Labor law Board will file a lawsuit against your employer to enforce the demand for relief. The relief may include:

• Reinstatement to your former job position
• Interest payment on the back pay
• Payment of any wages lost for wrong suspension, demotion or employment termination
• Payment of penalties for each violation
• Removal of any reference to the negative action in your employee file
• Cease to violate your labor rights in the future

WERE YOU SERVED A NOTICE FROM THE CALIFORNIA LABOR LAW BOARDS?

If you receive any complaint through the labor law boards, you need to know your rights before an employee sues. Most business owners or employers often neglect labor laws or potential risks to their business until a lawsuit shows up. Employees that might have seemed satisfied may sometimes feel cheated and want to claim what they think they deserve. Therefore, they might sue their employer to see what they can get. The fact remains that employees have little  to lose for doing so, due to the way the system is set up. That is why an employer needs to have a clear understanding of their rights when they get a complaint from the labor law boards. Dealing with the labor law boards is hard and the entire process can be intimidating. Many variables and possibilities can make it difficult to get a good strategy for your case, but we can help you out.

CONTACT UNITED EMPLOYEES LAW GROUP FOR A FREE CONFIDENTIAL CONSULTATION

Whether you are an employee who thinks your legal rights have been violated or an employer who has received a complaint from the labor law board, the experienced team of employment attorneys at United Employees Law Group will aggressively and compassionately listen and protect your interests. We understand your request is unique and we will work to give you the best shot at a favorable outcome. Even if you do not end up hiring us, you will still have good knowledge of the next step you can take. Kindly fill the form below to schedule your free confidential consultation.

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There are times when working conditions become intolerable hence you decide to quit. The resolution to quit can be brought about by many factors. For instance, you may face discrimination or other forms of harassment which endanger your life hence you decide to quit. When you resign from your place of work, there are benefits as well as others which you will forego. But, for the case of quitting due to intolerable working conditions, you are treated as if you were dismissed without your choice to resign.

Constructive discharge in California

It is a situation when you quit or resign your job due to unfavorable working conditions which you are subjected to. Some employees can subject you to illegal working conditions which force you to quit. The act of quitting your job due to unfair working conditions is referred to as constructive discharge. The situation is treated as if you were fired because your employer made you to quit due to subjecting you to unbearable working conditions.

How to prove you were forced to quit

For you to prove to the court of law that you were forced to quit hence you deserve compensation, you can used the following ways to prove your case:

Prove you were subjected to illegal working conditions

If you were subjected to conditions such as sexual harassment or incidences where you were punished as retaliation due to complaints you raised in your workplace, then you deserve to be treated as a case of constructive discharge.

Continued mistreatment

If you notice some form of mistreatment in your workplace, then you need to report to your boss or department head. If the head of the department does not act and the mistreatment continues, then you can quit and file a case under constructive discharge.

Intolerable mistreatment

If the mistreatment was intolerable to an extent where your only left option was to quit, then you can file a case after you leave the work place due to intolerable working conditions.

Quit because of the mistreatment

If there is a male coworker who is making sexual advances to you and you are not comfortable, you should ask him to stop. If he persists, then you need to report the matter to your boss. Give the boss some time to act on the issue but if weeks and months pass but without any change, then you can resort to quitting the job and file for constructive discharge so that you can access damages from your employer.

Photo Credit: Shutterstock/ Idutko

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Firing an employee might be hard for many employers as it might result in claims for unlawful termination if not well executed. It is important that the employer knows the rights which the employee, who is about to be, fired has. The employee equally needs to know of their rights during and after being terminated from work. In California, there are various regulations that guide how the firing of an employee should be done.

There are frequently asked questions revolving firing of an employee which this article seeks to address.

Can I fire my employee for no reason?

The California federal law requires that an employer gives the employee reasons as to why they want to terminate them. Despite having the “at-will” general rule which gives the employer rights to hire and fire for almost whichever reason they have, the federal antidiscriminatory law prohibits an employer from firing an employee due to their race, sex, age, disability, religion, national origin among others.

Within what time should I give the employee his last paycheck?

In California, the law provides that the employer is to pay the fired employee all sums owed immediately upon termination of the employment. The amount must include accrued vacation time. If the employer delays in making the payment he will face a penalty.

Am I liable to pay a severance package?

The answer to this question is no. However, if the employer had promised the employee a severance package or had made it an office custom to pay a severance package to an employee who is being terminated then they are liable to pay that amount. If an employer voluntarily considers making a severance pay they can make the employee waive any rights to bring a lawsuit against them on matters relating to the termination.

Can I give reference to a new employer?

Yes. An employer can if they wished to. If he has a great reference to make then that will be for the benefit of the employee. However, an employer is not supposed to talk ill of the former employee out of holding a grudge against them. If he has a negative reference to make they must be based on actual events to avoid being sued for defamation.

Should I seek legal advice before firing an employee?

It is not a requirement under California law. Nonetheless, it is advisable for an employer to get legal advice from an expert before terminating an employee. This is to ensure that he does it in a rightful way thereby avoiding any possible lawsuit.

In conclusion, it is evident that both the employer and employee need to know the laws relating to firing an employee in the state of California. This is important so as to avoid lawsuits that might arise after an employer fires the employee which might lead to financial loss.

Photo Credit: Shutterstock/ Africa Studio

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The impact of employment termination goes well beyond influencing a person’s financial situation. There are many strong negative emotions associated with job loss, however, if you continue these emotions and carry them into your personal relationships and job interviews, it can have a negative impact on your career. Maintaining a positive outlook may not come easily to everyone, and may require serious effort on your part. Here are a few tips on how a person can cope with job loss:

Stay Active

Don’t let yourself get lazy while you are between jobs. Inactivity influences and feeds into negative thoughts and feelings. Create a daily routine and work plan and try to stick with it.

Allocate Your Resources Carefully

The loss of a steady paycheck can have a devastating financial impact. Therefore, upon losing your job it is crucial to develop a budget for yourself, by mapping out all of your financial responsibilities.

Keep Fit and Healthy

Since the body has a strong need for nourishment during stress periods, it is wise to avoid processed foods and refined sugars and eat whole foods such as fruits and vegetables instead. A poor diet can leave you more vulnerable to the negative aspects of stress and more susceptible to illness.

Exercise is one of the best ways to reduce the effects of stress. It is also a good way to improve your overall physical and mental health. Regular, vigorous, physical exercise is perhaps the most natural, as well as the most beneficial, method of dealing with stress and tension

Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/coping-with-job-loss#1

Photo Credit: Shutterstock/Africa-Studio

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Upon leaving your job, don’t sign a “release form” or final “settlement’ of claims until you consult with an attorney. Releases and settlements written by an employer usually contain a lot of terms that protect your employer, not you.

What is a release form? A “release” or “release of claims” form is a legal term for a written statement signed by an employee in which the employee gives up all rights he or she may have to challenge his or her termination and/or to sue the company. When you sign a release, you are giving up your rights.

While releases and settlements are common when an employer and employee attempt to reach some kind of resolution of their disputes, you should be suspicious of a release or settlement agreement that your employer insists you must sign immediately, without reviewing it or having it reviewed. You will probably need some time to determine if you have a legal claim that you do not want to give up. Don’t be afraid to ask for a week or two weeks to consider and review the release, and if necessary to contact a lawyer for counsel and advice.

For employees over age 40, a release of claims is especially complicated. The Older Workers’ Benefit Protection Act (OWBPA) requires an employer to include certain provisions to make a release of age discrimination claims valid. Some important provisions include the right to consider the release for 21 days before you have to sign it, and the right to revoke the agreement within seven days after the date of signing. If your employer requests a release in exchange for special downsizing benefits that are available to a group of terminated employees, certain statistical information must also be furnished to you. You are strongly encouraged to have such a release reviewed by an attorney before signing it. You should not release the following:

• Future claims
• Pension or retirement claims
• Workers’ compensation claims
• Claims unrelated to your employment with the company

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.

Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/leaving-your-job

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