Frequently Asked Questions
California employment FAQs on starting a case, fees, retaliation, harassment, accommodations, wages, deadlines, and evidence.
Getting Started
- Do I have a workplace case?
- If you experienced discrimination, harassment, retaliation, unpaid wages, wrongful termination, denial of leave, or failure to accommodate a disability, you may have legal claims. Every case depends on the facts and available evidence.
- How much does it cost to speak with an attorney?
- Initial consultations are typically free.
- Do you work on contingency?
- In many employment matters, yes. That means attorney fees may only be collected if there is a recovery.
- How long do I have to file a claim?
- Employment claims have strict deadlines that vary depending on the type of claim and agency involved. Delaying can affect your rights. For deadlines tailored to your situation, see also our overview on filing deadlines.
Retaliation & Termination
- Can my employer fire me for complaining?
- California law generally prohibits retaliation for reporting discrimination, harassment, wage violations, unsafe conditions, or other protected activity.
- What counts as retaliation?
- Retaliation can include termination, demotion, reduced hours, write-ups, exclusion, intimidation, schedule changes, or other adverse treatment after protected activity.
- Can I sue if I quit?
- Potentially. Some resignations may qualify as constructive termination if working conditions became intolerable.
Harassment & Discrimination
- What qualifies as workplace harassment?
- Harassment may include inappropriate comments, slurs, unwanted touching, sexual comments, intimidation, or repeated offensive conduct based on a protected characteristic.
- Is one incident enough?
- Sometimes. Severe conduct may be actionable even if it happened once.
- What if the harassment came from a supervisor?
- Employer liability may be greater when the conduct involves supervisors or management.
Disability & Leave Rights
- Can my employer deny medical leave?
- Employers must comply with laws such as CFRA, FMLA, disability accommodation laws, and other leave protections where applicable.
- What is a reasonable accommodation?
- A reasonable accommodation is a workplace adjustment that allows an employee to perform essential job duties despite a disability or medical condition.
- Can I be terminated while on leave?
- It depends on the circumstances, timing, and whether the leave was legally protected.
Wage & Hour
- What if I was not paid overtime?
- California employees are often entitled to overtime pay depending on classification and hours worked.
- What are meal and rest break violations?
- California law generally requires compliant meal and rest periods for non-exempt employees.
- Can I recover unpaid wages after leaving a job?
- Yes. Former employees may still pursue wage-related claims.
Evidence & Process
- What evidence should I keep?
- Employees should preserve emails, text messages, write-ups, schedules, pay records, performance reviews, medical documentation, and notes relating to workplace events.
- Should I record conversations?
- Recording laws vary by state. California is generally a two-party consent state. Employees should understand applicable law before recording conversations.
- Will my employer know if I contact a lawyer?
- Not necessarily. Speaking with an attorney is confidential.
- How long does an employment case take?
- Some cases resolve quickly while others may involve litigation lasting months or years.
Firm-Specific
- What types of cases does Workplace Rights Advocacy handle?
- The firm handles matters involving discrimination, harassment, retaliation, wrongful termination, disability accommodations, leave violations, and wage-and-hour disputes.
- Do you handle litigation?
- Yes. The firm handles matters from pre-litigation through litigation, arbitration, mediation, and trial preparation.
- Do you represent employers?
- The firm focuses on representing employees and plaintiffs in workplace disputes.