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.)

California employers, regardless of how many employees they have, are legally required to provide unpaid time off to any employee who appears in court to attempt to obtain a restraining order or other injunctive relief to protect his/herself or his/her child(ren.)   It is unlawful to terminate an employee because he/she needed time from work to appear in court because of domestic violence, sexual assault or stalking related matters.   The employee has a duty, however, to notify the employer of the need to appear in court and to provide reasonable advance notice, if feasible.  

Employers who have 25 or more employees are subject to additional laws in California relating to employee victims of domestic violence, sexual assault and/or stalking.   For employers of 25 or more employees, the employer must provide unpaid time from work to seek medical or psychological help relating to domestic violence, sexual assault and/or stalking.   Also, the employer must provide unpaid time from work for the victim employee to seek the services of a shelter, program or to participate in safety planning related to domestic violence, sexual assault and/or stalking.

If an employee misses work because of domestic violence, sexual assault and/or stalking, it is unlawful to fire the employee but the employer may require the employee to provide a certificate of a police report relating to the employee as a victim of sexual assault, domestic violence or stalking or to provide a document from a licensed medical practitioner, counselor or court order protecting the employee from domestic violence, sexual assault and/or stalking.

If you are an employee who is a victim of domestic violence, stalking or sexual assault or if you are an employer who employs a victim of domestic violence, stalking or sexual assault, call Law Office of Kristine S. Karila to discuss.   Domestic violence and other laws in California labor law are unique and nuanced.   949-481-6909.