Employment Law FAQs – Workplace Rights, Claims & Legal Answers

For an employment law consultation, the following documents and information are helpful:

• Your employment contract or offer letter (if you have one)
• Your employee handbook or relevant company policies
• Pay stubs and records of hours worked
• Any performance reviews or disciplinary actions
• Written communications related to your complaint (emails, texts, letters, HR correspondence)
• Documentation of your complaint to HR or management
• Any termination letter or written reason for your firing
• A timeline of key events (when you were hired, when problems started, when you complained, when you were terminated)
• Contact information for witnesses who can corroborate your account

The more documentation you have, the stronger your case. But don’t delay your consultation just because you don’t have everything yet.

Fee structures for employment cases vary depending on the type of claim. Many employment cases—particularly discrimination, harassment, wrongful termination, and retaliation cases—are handled on a contingency fee basis, similar to personal injury cases: you pay nothing unless we recover compensation for you.

Some employment matters, particularly wage and hour claims, may also allow for recovery of attorney’s fees from the employer under California law, meaning your employer pays your legal costs if you win.

Contact Arnold Law Firm for a free consultation. We’ll explain the fee arrangement that applies to your specific situation.

No. California Labor Code § 132a makes it illegal for an employer to terminate, threaten, or discriminate against an employee for filing or intending to file a workers’ compensation claim. If your employer fires you or takes adverse action because you were injured on the job or filed a claim, you may have both a workers’ compensation retaliation claim and a wrongful termination claim.

Remedies can include reinstatement, back pay, a penalty of up to $10,000, and costs and expenses up to $250. You may also pursue a separate civil lawsuit for wrongful termination in violation of public policy, which can include damages for emotional distress and potentially punitive damages.

Retaliation occurs when your employer takes an adverse employment action against you because you engaged in a legally protected activity. Protected activities include filing a discrimination or harassment complaint, reporting wage violations, filing a workers’ compensation claim, taking FMLA/CFRA leave, reporting workplace safety hazards, refusing to participate in illegal activity, and cooperating in a government investigation.

Adverse actions aren’t limited to termination. They can include demotion, pay cuts, schedule changes, negative performance reviews, hostile treatment, reassignment to undesirable duties, or any action that would discourage a reasonable employee from exercising their rights.

California courts take a broad view of what constitutes retaliation. If you suspect you’re being retaliated against, document everything and consult an employment attorney before the situation escalates.

Under FEHA, California employers with 5 or more employees must provide reasonable accommodations to qualified employees with physical or mental disabilities, unless doing so would cause the employer undue hardship. California’s definition of “disability” is broader than the federal ADA and covers conditions that merely “limit” (not “substantially limit”) a major life activity.

Reasonable accommodations may include modified work schedules, ergonomic equipment, reassignment to a vacant position, additional breaks, telecommuting, or leave for treatment. Your employer must engage in a timely, good-faith interactive process with you to identify possible accommodations.

If your employer refuses to accommodate your disability or retaliates against you for requesting accommodation, you may have a valid FEHA claim.

California employees may be entitled to protected leave under multiple laws:

California Family Rights Act (CFRA): Employers with 5+ employees must provide up to 12 weeks of unpaid, job-protected leave per year for the birth or adoption of a child, to care for a seriously ill family member (spouse, child, parent, grandparent, grandchild, sibling, or domestic partner), or for your own serious health condition.

Federal FMLA: Similar to CFRA but applies to employers with 50+ employees within 75 miles. CFRA and FMLA run concurrently in most cases.

Pregnancy Disability Leave (PDL): Up to 4 months of leave for employees disabled by pregnancy, childbirth, or related conditions — in addition to CFRA leave.

California Paid Family Leave (PFL): Provides up to 8 weeks of partial wage replacement (through EDD, not your employer) when you need time off to care for a seriously ill family member or bond with a new child.

Your employer cannot fire or retaliate against you for taking protected leave. If you’ve been denied leave or punished for requesting it, contact Arnold Law Firm.

Yes. Under California Labor Code § 201, if you are terminated or laid off, your employer must pay all wages owed — including accrued vacation — at the time of termination. There is no grace period.

If you resign with at least 72 hours’ notice, your employer must pay your final wages on your last day. If you resign without 72 hours’ notice, the employer has 72 hours to pay.

If your employer fails to pay on time, you may be entitled to waiting time penalties of up to 30 days of additional pay at your daily rate (Labor Code § 203). These penalties can add up quickly.

If you believe your employer is violating California wage and hour laws — by not paying overtime, skipping meal or rest breaks, paying below minimum wage, or failing to reimburse business expenses — you should:

1. Keep your own records of hours worked, breaks taken (or missed), and pay received
2. Review your pay stubs — California law requires detailed, accurate pay stubs (Labor Code § 226), and violations can result in penalties
3. Raise the issue with HR or your supervisor in writing, if you feel safe doing so
4. File a wage claim with the California Labor Commissioner (DLSE), or
5. Consult an employment attorney — Arnold Law Firm can help determine whether you have an individual claim or a potential class action on behalf of other affected workers

The statute of limitations for most wage claims is 3 years, or 4 years with a UCL claim. Don’t wait. Penalties and interest accrue over time, and evidence can be lost.

Employee misclassification occurs when an employer labels a worker as an independent contractor instead of an employee to avoid paying benefits, overtime, payroll taxes, and workers’ compensation insurance. Under California’s ABC Test (established by the Dynamex decision and codified in AB 5), a worker is presumed to be an employee unless the employer can prove all three of the following:

• (A) The worker is free from the control and direction of the hiring entity
• (B) The worker performs work outside the usual course of the hiring entity’s business
• (C) The worker is customarily engaged in an independently established trade or business

If you’ve been misclassified, you may be owed unpaid overtime, missed meal and rest break premiums, expense reimbursements, and other benefits. Arnold Law Firm can evaluate whether your classification is proper.

California law provides strict break requirements for non-exempt employees:

Meal breaks: Employers must provide a 30-minute unpaid meal break for shifts over 5 hours, and a second 30-minute meal break for shifts over 10 hours. During meal breaks, you must be relieved of all duties. If your employer requires you to work during a meal break (or makes it impractical to take one), you’re entitled to one additional hour of pay at your regular rate.

Rest breaks: Employers must provide a paid 10-minute rest break for every 4 hours worked (or major fraction thereof). Rest breaks should fall in the middle of each work period when practicable.

Meal and rest break violations are among the most common wage and hour disputes in California. If your employer regularly prevents you from taking breaks, you may be entitled to significant penalties.

California’s overtime laws are more generous to employees than federal law. Under the California Labor Code:

• Employees are entitled to 1.5x their regular rate for hours worked beyond 8 hours in a day or 40 hours in a week
• Employees are entitled to 2x their regular rate for hours worked beyond 12 hours in a day or beyond 8 hours on the 7th consecutive day worked in a workweek

These rules apply to most non-exempt employees. Exempt employees (generally salaried workers in executive, administrative, or professional roles earning at least 2x the state minimum wage) are not entitled to overtime. However, many employers misclassify employees as exempt to avoid paying overtime — a common wage and hour violation.

If your employer is not paying you proper overtime, you may be entitled to back pay, penalties, interest, and attorney’s fees.

No. California has some of the strongest whistleblower protections in the country. Under Labor Code § 1102.5, employers are prohibited from retaliating against employees who report suspected violations of law to a government agency, law enforcement, or a supervisor. Retaliation includes termination, demotion, reduction in hours, pay cuts, reassignment, threats, and other adverse employment actions.

If your employer retaliates against you for whistleblowing, you can file a complaint with the California Labor Commissioner or pursue a civil lawsuit. Remedies may include reinstatement, back pay, front pay, damages for emotional distress, and attorney’s fees.

Additional anti-retaliation protections exist for employees who report workplace safety violations (OSHA complaints), file workers’ compensation claims, report wage theft, or participate in investigations or lawsuits against their employer.

If you’re experiencing workplace harassment or discrimination, take these steps to protect yourself and your legal rights:

1. Document everything — keep a detailed log of incidents including dates, times, witnesses, and what was said or done. Save copies of emails, texts, and other communications
2. Report the conduct through your employer’s complaint process (HR, supervisor, or designated complaint channel). Make your complaint in writing whenever possible so there’s a record
3. Review your employee handbook for your employer’s anti-harassment and discrimination policies
4. Do not retaliate or engage in the same conduct
5. Consult an attorney — an employment lawyer can advise you on your rights and the best strategy before you take action that could affect your case
6. File a complaint with the CRD if your employer doesn’t address the problem. You can also file with the federal EEOC

California law protects you from retaliation for reporting harassment or discrimination in good faith.

California’s Fair Employment and Housing Act (FEHA) prohibits harassment based on any protected characteristic, including race, sex, gender identity, sexual orientation, religion, national origin, disability, age (40+), and several others. Workplace harassment can take two forms:

Quid pro quo harassment occurs when a supervisor conditions employment benefits (promotions, assignments, continued employment) on submitting to unwelcome conduct, typically sexual in nature.

Hostile work environment harassment occurs when unwelcome conduct based on a protected characteristic is severe or pervasive enough to create an abusive working environment. This can include offensive jokes, slurs, physical intimidation, threats, or displaying offensive materials.

A single incident can constitute harassment if it is sufficiently severe (such as a physical assault or a highly offensive epithet). Employers are strictly liable for harassment by supervisors and may be liable for harassment by coworkers if they knew or should have known and failed to take corrective action.

The deadlines depend on which agency and court you’re filing with:

• California Civil Rights Department (CRD, formerly DFEH): You must file an administrative complaint within 3 years of the discriminatory act (as extended by recent legislation)
• Federal EEOC: You must file within 300 days of the discriminatory act (when a state agency like CRD exists)
• Lawsuit in court: After receiving a Right-to-Sue notice from CRD, you generally have 1 year to file a civil lawsuit

For wage and hour claims, the statute of limitations is generally 3 years for most violations, and 4 years if you include an Unfair Competition Law (UCL) claim.

These deadlines are strict and can be complex. Contact Arnold Law Firm as soon as possible to ensure your rights are protected.

The deadlines depend on which agency and court you’re filing with:

• California Civil Rights Department (CRD, formerly DFEH): You must file an administrative complaint within 3 years of the discriminatory act (as extended by recent legislation)
• Federal EEOC: You must file within 300 days of the discriminatory act (when a state agency like CRD exists)
• Lawsuit in court: After receiving a Right-to-Sue notice from CRD, you generally have 1 year to file a civil lawsuit

For wage and hour claims, the statute of limitations is generally 3 years for most violations, and 4 years if you include an Unfair Competition Law (UCL) claim.

These deadlines are strict and can be complex. Contact Arnold Law Firm as soon as possible to ensure your rights are protected.

California is an “at-will” employment state, which means employers can generally terminate employees for any reason or no reason. However, there are important exceptions. Termination is wrongful if your employer fired you:

• Because of your protected characteristic (race, gender, age, disability, religion, national origin, sexual orientation, pregnancy, etc.) under the California Fair Employment and Housing Act (FEHA)
• In retaliation for reporting illegal activity, filing a workers’ compensation claim, taking protected leave, or exercising other legal rights
• In violation of an employment contract (written or implied)
• In violation of public policy (for example, firing you for refusing to commit an illegal act)
• For taking protected medical or family leave under FMLA or CFRA

If you believe you were wrongfully terminated, document everything, preserve any relevant communications (emails, texts, performance reviews), and consult an employment attorney promptly. California has strict deadlines for filing employment claims.

Arnold Law Firm’s employment law practice represents California employees in a wide range of workplace disputes, including wrongful termination, workplace discrimination (based on race, gender, age, disability, religion, sexual orientation, and other protected characteristics), sexual harassment, retaliation for whistleblowing or reporting illegal activity, wage and hour violations (unpaid overtime, meal and rest break violations, misclassification), FMLA/CFRA leave violations, failure to accommodate disabilities, and hostile work environment claims.

If your employer has violated your rights under California or federal employment law, contact us for a free consultation.