There are many common misunderstandings about California employment law. California has very strict and nuanced labor and employment laws. The following is a list of common questions or misunderstandings. Call Law Office of Kristine S. Karila for your California employment law matters.
1. At-will employment does not require an agreement signed by the employee in which the employee agrees to be at-will.
2. FMLA (Family Medical Leave Act/CFRA) does not protect an employee from being fired, demoted, etc. if the employee would be fired, etc. for reasons other than their request for FMLA leave.
3. An employer is not required to provide any warning or write-ups before firing an at-will employee.
4. Just because an employee is paid on a salary basis instead of hourly, does not mean he/she is exempt from overtime. Many times, an employee is misclassified as exempt and should be paid overtime.
5. When employment is terminated by the employer (fired or layoff,) the employer may not wait until the next pay day to provide the final paycheck. There are strict laws in Calif. about when final paychecks are due. See my blog about this.
6. "Hostile workplace" is a legal term of art. A boss who is rude, criticizes an employee in front of others, etc. is not doing anything unlawful unless the behavior is BECAUSE of a protected class (race, gender, religion, age if over 40, disability, pregnancy, etc.) or if it is BECAUSE of retaliation for an employee's assertion of a legal right (overtime pay, etc.) or if it is BECAUSE the employee is a whistleblower (another legal term of art with a specific definition - see my blog about this.)