San Diego Employment Law: What You Need To Know
Any employee must know about the employers responsibilities, just as much as theirs. This is important knowledge to have to protect their rights as a worker. California labor laws, specifically, have very particular and strict requirements regarding this. If you need help with any concerns related to your workplace and your rights as an employee, don’t hesitate to seek a consultation with a San Diego employment law attorney, such as the Law Office of John P. Martin.
California Employment Laws
San Diego Employment law, in general, is defined as a set of laws that must be adhered to in any employer-employee relationship. This covers both employee and employer rights and responsibilities, creating a clear understanding and expectations between both parties.
California employment laws have a broad application, although more specific considerations may be recognized in each county. Because the employment landscape is highly dynamic, it’s not surprising that these laws tend to change a bit more frequently than others. This is why it’s essential to stay on top of it – or at least have guidance from someone who is, such as an employment law attorney San Diego.
Employee Rights
There are many different worker rights California recognizes in its laws. According to California laws, every employee has a “reasonable right to privacy in the workplace. Thus, privacy rights are an important right in the workplace.
This includes privacy in their possessions, such as bags and purses, and lockers where they store their physical effects while performing their duties. The law also covers the employee’s private mail, as well as private conversations on their personal devices.
However, the privacy laws stop where the use of company property begins. Any email or internet activity may not be covered under the employee’s rights when using the company’s resources, such as the computer and network system.
Besides, employees have the right to a safe working environment, free of the risks and dangers of injuries or illnesses. Another important thing to note is that California law prohibits workplace discrimination and harassment.
Of course, workers have the right to get paid the proper wages agreed upon in the contract for the work performed. And should there be a conflict with the employer, where the employee files a complaint, the employee has the right to be safe from retaliation by the employer.
Employer Rights and Responsibilities
Protecting workers’ rights is just as important for employers to know about their rights and responsibilities.
As the entity primarily in charge of hiring the employees, it is also their responsibility to ensure that they are adequately provided for and kept secure while performing their duties.
This includes:
- Ensuring a safe work environment by having well-functioning equipment, tools, and machinery
- Having safety protocols in place in case of an emergency
- Training, instruction, and supervision are required in carrying out their tasks, i.e., handling machinery or operating vehicles.
- Providing adequate break times
- Monitoring work conditions and improving where needed
- Proper handling and storage of chemicals, especially those the workers might be directly handling or exposed to.
Harassment and Discrimination
Employees may file a harassment and discrimination complaint when they feel they are being treated differently or unfairly because of their race, religion, and nationality.
Under Title VII of the Civil Rights Acts, an employer (defined as an entity with 15 or more employees) is prohibited from discriminating based on race, color, national origin, or religion.
For example, treating an employee or job applicant unfavorably because of hair, skin color, or other specific facial features could fall under harassment and discrimination.
Another form of discrimination is based on a person’s sex and gender. A person has a right to proper employment–and all the corresponding rights attached to it–regardless of gender identity. If an employee singles them out because of this, then the employee can file a complaint against the employer.
Employment Attorney in CA
Any type of worker’s complaints against their employers can quickly turn ugly. There is a lot at stake, especially the employee’s job and access to benefits provided by the company.
That’s why a San Diego employment attorney is important in this case. They can help assess the situation and apply the right strategy best fits your context.
An employment attorney can not only represent clients before the courts. They are also on top of finding the strongest evidence and developing the strongest arguments to support your claim.
Not all complaints need to go to trial, too. If it can be sorted out with a civil negotiation, then that could be the best option for everyone involved. Prolonging the conflict is never ideal for the employee or employer, so the sooner the matter gets resolved, the better.
What’s important is that they will ensure you can prove your claim and that you get the rightful compensation for it.
The Law Office of John P. Martin represents employees in employment law matters. Seek consultation as soon as possible to get the representation you deserve.
