Question 1

What types of workplace harassment are illegal?

Accepted Answer

Harassment is illegal when it's based on a protected characteristic, such as sex, race, age, disability, religion, national origin, sexual orientation, or gender identity, and is severe or pervasive enough to create a hostile, intimidating, or offensive workplace. Under California law, a single serious incident can be enough. Sexual harassment also includes unwanted sexual advances and requests for sexual favors in exchange for job benefits.

Question 2

How do I know if I've been discriminated against at work?

Accepted Answer

Discrimination occurs when you are treated unfairly due to characteristics like race, gender, age, pregnancy, disability, religion, national origin, sexual orientation, gender identity, medical condition, marital status, military or veteran status, or another characteristic protected under California law. If you've experienced negative actions such as being fired, demoted, or denied opportunities because of these factors, you may have a valid claim.

Question 3

What is workplace retaliation?

Accepted Answer

Retaliation happens when your employer punishes you for reporting discrimination, harassment, or other illegal activities. This could include being fired, demoted, or facing negative changes in your job duties. Retaliation can also include punishment for requesting a disability or pregnancy accommodation, taking protected medical or family leave, complaining about unpaid wages, or reporting a violation of law to a government agency.

Question 4

Can I be fired for reporting harassment or discrimination?

Accepted Answer

If an employer fires you or takes other adverse action against you because you reported harassment, discrimination, or other conduct protected by law, that may constitute unlawful retaliation. Whether a particular situation qualifies depends on the facts and applicable law. Consider speaking with an employment attorney about your circumstances.

Question 5

What should I do if I believe I am facing harassment or discrimination at work?

Accepted Answer

Write down what happened, including dates, names, and witnesses, and keep copies of emails, texts, and performance reviews on a personal device, not a work account. Report the conduct in writing to HR or a supervisor. Because strict filing deadlines apply, speak with an employment lawyer as soon as possible.

Question 6

Can I be fired for no reason in California?

Accepted Answer

California is an "at-will" state, so employers can usually end employment without a reason. But they cannot fire you for an illegal reason, such as discrimination, retaliation, taking protected leave, or refusing to break the law. A termination like that may be wrongful.

Question 7

Can I be fired while pregnant or on medical leave?

Accepted Answer

No. It is illegal to fire or demote you because of pregnancy, a pregnancy-related condition, or a disability, or for taking leave protected under CFRA or Pregnancy Disability Leave. Employers must also provide reasonable accommodations.

Question 8

Does my employer have to pay overtime and give meal and rest breaks?

Accepted Answer

Many nonexempt employees in California are entitled to overtime pay and meal and rest breaks under state law. Overtime rules can depend on hours worked in a day or workweek, work on a seventh consecutive day, and applicable exemptions. Break requirements and remedies depend on the circumstances. If you believe you were not paid correctly or were denied required breaks, an employment attorney can help you understand your options.

Question 9

What laws protect me from harassment, discrimination, and retaliation?

Accepted Answer

In California, the main protections come from the Fair Employment and Housing Act (FEHA), the California Family Rights Act (CFRA), and the California Labor Code, including its whistleblower protections. Federal laws such as Title VII, the ADA, and the ADEA also apply. FEHA's discrimination protections generally cover employers with 5 or more employees, and its harassment protections apply to employers of any size.

Question 10

How long do I have to file a workplace discrimination, harassment, or retaliation claim in California?

Accepted Answer

For most employment discrimination, harassment, and retaliation claims under FEHA, a complaint generally must be filed with the California Civil Rights Department (CRD) within three years of the alleged unlawful act. If you obtain a Right-to-Sue notice from CRD, a separate deadline generally applies, and you typically have one year from the date of the Right-to-Sue notice to file a lawsuit. Other employment claims may have different and sometimes shorter deadlines, so it is important to speak with an attorney as soon as possible.

Question 11

What can I expect from the legal process if I file a claim?

Accepted Answer

It starts with a free, confidential consultation. If we take your case, we investigate and gather evidence. For most FEHA claims, we file with the Civil Rights Department and obtain a right-to-sue notice before filing a lawsuit. Many cases resolve through negotiation or mediation, and if not, we take your case to trial.

Question 12

What compensation can I recover in a harassment, discrimination, or retaliation case?

Accepted Answer

Depending on your case, you may recover lost wages and benefits (back pay), future lost earnings (front pay), emotional distress damages, and attorney's fees and costs. Punitive damages may be available when the employer acted with malice, oppression, or fraud.

Question 13

How can Smith Law help me with my case?

Accepted Answer

Smith Law represents California employees in harassment, discrimination, retaliation, and wrongful termination cases. We guide you from the first consultation through settlement or trial. Our firm is only entitled to attorney's fees if we obtain a monetary recovery for you.

Question 14

How much does it cost to hire Smith Law?

Accepted Answer

Consultations are free. We work on contingency, so our firm is only entitled to attorney's fees if we obtain a monetary recovery for you.

Question 15

Do you speak Spanish or Tagalog?

Accepted Answer

Yes. We offer intake and support in Spanish and Tagalog.

Areas of Practice We Handle

At Smith Law, we are committed to standing with employees who have experienced injustice at work. Our dedicated employment lawyers are ready to help you hold your employer accountable and secure the justice you deserve.

Rep the Worker™ – Speak to an Employment Lawyer Today

Rep the Worker™

Legal Services BY SMITH LAW

A Smith Law initiative advocating for California employees in wrongful termination, discrimination, retaliation, harassment, and workplace rights matters.

Areas of Practice We Handle

At Smith Law, we are committed to standing with employees who have experienced injustice at work. Our dedicated employment lawyers are ready to help you hold your employer accountable and secure the justice you deserve.

You’re not alone. Let us help you fight back and protect your rights.

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Areas of Practice We Handle​

At Smith Law, we are committed to standing with employees who have experienced injustice at work. Our dedicated employment lawyers are ready to help you hold your employer accountable and secure the justice you deserve.

Rep the Worker™ – Speak to an Employment Lawyer Today

Rep the Worker™

Legal Services BY SMITH LAW

A Smith Law initiative advocating for California employees in wrongful termination, discrimination, retaliation, harassment, and workplace rights matters.

Areas of Practice We Handle

At Smith Law, we are committed to standing with employees who have experienced injustice at work. Our dedicated employment lawyers are ready to help you hold your employer accountable and secure the justice you deserve.

You’re not alone. Let us help you fight back and protect your rights.

or

Areas of Practice We Handle