You may feel frustrated or angry after something happens at work. Perhaps your supervisor treats you differently after you request medical leave, or maybe you were passed over for a promotion despite years of strong performance. In situations like these, it can be difficult to tell whether your employer has violated the law or simply made a decision that feels unfair.
For employees across California, understanding that distinction is important. At Employment Rights Lawyers, APC, our team of attorneys regularly speaks with workers who are unsure whether they have a legally viable claim. While many workplace situations are unpleasant, not every unfair experience is illegal. In this article, we help you determine whether you may have a legally viable employment law claim.
Situations That Are Actually Illegal
Not every workplace problem violates the law. However, certain actions by employers may give rise to legal claims under California or federal employment laws.
Discrimination Based on a Protected Characteristic
Employers generally cannot make employment decisions based on protected characteristics such as race, age, disability, sex, pregnancy, or other legally protected statuses. If you are denied promotions, disciplined, or terminated because of a protected characteristic, your rights may have been violated.
Harassment That Creates a Hostile Work Environment
Workplace harassment becomes a legal issue when it is severe or pervasive enough to create a hostile work environment. This may include sexual comments, racial slurs, unwanted advances, or other conduct tied to a protected characteristic that interferes with your ability to work.
Retaliation for Reporting Misconduct
You have the right to report unlawful conduct without fear of punishment. If your employer takes adverse action against you because you reported discrimination, harassment, wage violations, safety concerns, or other protected issues, you may have a retaliation claim.
Failure to Accommodate a Disability
California employers may be required to provide reasonable accommodations for employees with disabilities or medical conditions. Refusing to engage in the interactive process or denying reasonable accommodations without justification may violate employment laws.
Wage and Hour Violations
Employees are entitled to receive the wages they have earned. Unpaid overtime, off-the-clock work, meal and rest break violations, misclassification, and failure to reimburse certain business expenses can all create potential legal claims.
Wrongful Termination
California is generally an at-will employment state, but employers cannot terminate employees for unlawful reasons. A termination motivated by discrimination, retaliation, protected leave, or other prohibited conduct may constitute wrongful termination.
Situations That May Be Unfair, but Still Legal
Many employees contact attorneys because they feel they were treated unfairly. While those concerns are understandable, unfair treatment does not automatically give rise to a legal claim.
A Difficult or Unpleasant Manager
A supervisor may be rude, demanding, insensitive, or difficult to work with. Unless the behavior is tied to discrimination, harassment, retaliation, or another legal violation, a poor management style is often not enough to support a legal claim.
Favoritism in the Workplace
It can be frustrating to see coworkers receive better assignments, promotions, or opportunities. However, favoritism is not necessarily illegal unless it is based on a protected characteristic or otherwise violates employment laws.
Personality Conflicts With Coworkers
Disagreements, office politics, and interpersonal conflicts are common workplace issues. While these situations may create stress or frustration, they generally do not give rise to legal claims unless unlawful conduct is involved.
Strict Performance Expectations
Employers are generally allowed to establish performance standards and hold employees accountable for meeting them. Receiving criticism, negative feedback, or performance reviews is not necessarily evidence of illegal conduct.
Contact Us for a Free (and Confidential) Consultation
Determining whether a workplace issue is illegal or simply unfair can be hard. At Employment Rights Lawyers, APC, our team of attorneys helps employees throughout Los Angeles and across California evaluate their situations, gather evidence, and understand their options.
If you believe your rights have been violated, contact Employment Rights Lawyers, APC, for a free and confidential consultation. We can review the facts of your situation, explain whether you may have a legally viable claim, and help you understand the next steps available to you.
