FAQ's
Get quick answers to common questions.
We’ve gathered helpful information to guide you through our process and make sure you understand your rights and options.
Pregnancy discrimination occurs when an employer treats a woman unfavorably due to pregnancy or childbirth. Both PDA and FEHA prohibit such discrimination and require that pregnancy be treated like any other temporary disability.
Yes. Employers must provide reasonable accommodations such as modified duties or leave for pregnancy-related conditions unless it causes undue hardship. FEHA explicitly mandates this. If an employer refuses, they may be liable for discrimination, and the employee can file complaints with EEOC or DFEH.
Eligible employees have a right to up to 12 weeks of unpaid leave under FMLA federally and up to 4 months of Pregnancy Disability Leave under FEHA. Failure to grant such leave amounts to unlawful discrimination and may result in penalties, reinstatement orders, and damages
Employers violating PDA or FEHA may be subject to administrative enforcement including fines, back pay orders, and mandatory policy changes. Employees can pursue claims through court, potentially recovering damages and attorney’s fees.
If you’re experiencing pregnancy discrimination, please fill out our intake form for guidance
Religious discrimination occurs when an individual faces unfavorable treatment, such as in hiring, firing, promotions, or work conditions, because of their sincerely held religious beliefs, practices, or what an employer perceives as religious beliefs. Both laws protect employees against such discrimination and apply broadly to all religions and sincerely held moral beliefs.
Employers must make reasonable accommodations to allow religious observances, worship, or practices unless granting the accommodation would impose an undue hardship on business operations. Under FEHA, the standard for undue hardship is more employer-friendly but still requires good faith effort.
Refusal to accommodate without undue hardship or retaliation for asserting religious rights violates Title VII and FEHA. Employers may face enforcement actions, including monetary damages and injunctive relief. Employees can file complaints with the EEOC or California DFEH.
The advisable first step is to report the discrimination internally through your employer’s established complaint procedures, typically by notifying your Human Resources (HR) department or a designated compliance officer. Document all incidents thoroughly and provide clear information when reporting to ensure your concerns are formally acknowledged.
If your employer fails to adequately address the complaint, you have the right to file a charge with the EEOC or California’s Department of Fair Employment and Housing (DFEH) within the applicable deadlines. These agencies investigate claims, mediate disputes, and may allow you to pursue legal action. Contact us for expert guidance through this process to protect your rights fully.
You can file a complaint with the EEOC or California’s DFEH within applicable time limits. These agencies investigate claims, mediate between parties, and may issue right-to-sue notices allowing private lawsuits. Contact us for thorough guidance and assistance throughout your claim process.
FMLA entitles eligible employees to take up to 12 weeks of unpaid leave for serious health conditions, pregnancy and childbirth, adoption, or to care for a family member with a serious health condition. During this leave, the employee’s job is protected, and group health insurance coverage must be maintained on the same terms as if the employee had not taken leave.
To be eligible, an employee must have worked for their employer for at least 12 months (not necessarily consecutively), and have worked at least 1,250 hours over the prior 12 months at a location where the employer has 50 or more employees within 75 miles.
Denial, interference, or retaliation related to FMLA leave violates federal law. You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division or bring a private lawsuit. Contact us to receive expert guidance through the enforcement process.
Retaliation is prohibited. Employers who fire, demote, or otherwise discriminate against employees for exercising FMLA rights can be held liable for damages, reinstatement, and attorney’s fees.
Complaints can be filed with the Department of Labor or through the courts. Given the complexities, we recommend contacting us for thorough assistance to protect your rights and navigate filing requirements effectively.
You have the right to timely payment of all earned wages, including federally and state-mandated minimum wage and overtime. Under FLSA, non-exempt employees must be paid at least 1.5 times their regular rate for hours worked over 40 in a workweek. In California, the minimum wage is higher (currently $16.00 per hour statewide), and overtime includes daily overtime (over 8 hours/day) and double-time provisions. Employers must comply with these laws and provide required meal and rest breaks. Illegal withholding or delays in pay are violations that can lead to enforcement actions.
Misclassifying employees as exempt from overtime pay when their job duties or salary levels do not meet exemption criteria is unlawful. The classification depends on specific tests involving salary basis and job duties (executive, administrative, professional). If misclassified, you may be entitled to back pay for unpaid overtime, liquidated damages equal to that amount, and penalties.
First, you should report discrepancies to your employer or Human Resources with written documentation of hours worked and wages paid. If internal resolution fails, file a wage claim with California’s DLSE or the U.S. Department of Labor Wage and Hour Division. These agencies investigate, mediate, and can order payment of back wages. You may also pursue a civil lawsuit.
Employers who fail to comply with wage laws after administrative claims risk fines, mandatory court orders to pay back wages plus liquidated damages, penalties for failure to maintain accurate records, and attorney’s fees. Repeated violations can lead to enhanced legal action.
Yes. Reporting unpaid wages internally through formal channels (such as HR) is advised. This allows employers a chance to correct issues. Keep thorough documentation of your communications and any responses.
If internal reporting is unsuccessful, promptly file a wage claim with DLSE or the federal Wage and Hour Division. Failure to act may delay recovery of wages and could reduce some remedies. We recommend contacting us early to assist in claim filing, documentation, and assertive advocacy to maximize your compensation recovery.
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Wrongful termination includes firing an employee based on discrimination (race, sex, religion, disability, age), retaliation for protected activities, breach of an employment contract, or violation of public policy such as refusing to commit illegal acts. Both federal statutes (Title VII, ADA, ADEA) and FEHA prohibit these practices.
It is recommended to first report issues internally to allow your employer an opportunity to remedy the problem. This may include reporting discrimination, harassment, or other workplace violations to HR or a designated compliance officer. Keep detailed records of all reports and responses.
If internal reporting fails to resolve the issue and termination occurs, you may file a charge with the Equal Employment Opportunity Commission (EEOC) or California’s Department of Fair Employment and Housing (DFEH) within applicable deadlines. These agencies investigate claims and may provide mediation or allow you to bring a lawsuit. Contact us for comprehensive help navigating your claim and protecting your rights.
Remedies may include reinstatement to your former position, compensation for lost wages and benefits, damages for emotional distress, punitive damages, and attorney’s fees under both federal and state laws.
Retaliation is firing or otherwise punishing an employee for engaging in legally protected activities like complaining about discrimination or unsafe working conditions. It is unlawful under Title VII, FEHA, and other federal statutes. Retaliation claims often accompany wrongful termination claims.
You must typically file an initial charge with the EEOC or DFEH to preserve your right to sue. After receiving a “right-to-sue” notice, you can file a lawsuit. Given the complexity of these laws, we strongly recommend consulting with an attorney. Contact us for tailored advice and representation to help you seek justice.
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Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It may involve direct or indirect actions that affect employment conditions or create a hostile work environment, such as offensive jokes, unwanted touching, sexual gestures, or threats related to employment terms.
You should report the harassment promptly to your employer’s designated complaint system, such as Human Resources or a compliance officer. Document all incidents including dates, times, witnesses, and details to support your claim.
If your employer fails to adequately address the issue, you may file a complaint with the EEOC or California’s Department of Fair Employment and Housing (DFEH) within the applicable deadlines. These agencies investigate, mediate, and may issue a right-to-sue letter to pursue legal action. Contact us for expert guidance through this process to ensure your rights are protected.
No. Retaliation is illegal under both federal and California laws. Employers who retaliate may be subject to fines, penalties, and damages.
Remedies can include reinstatement, back pay, compensatory damages for emotional distress, punitive damages, and attorney’s fees. Courts may also order changes in workplace policies and training.
Complaints are filed with the EEOC or California DFEH after exhausting internal processes or if the employer fails to act. Due to legal complexities, it is advisable to consult with legal counsel. Contact us to receive thorough assistance in filing and pursuing your claim effectively.
A severance agreement is a contract offered when employment ends, providing compensation
or benefits in exchange for waiving legal claims. These agreements must comply with both
federal and state laws to be valid.
Both States: Severance payments are treated as taxable income under federal and respective state tax laws with applicable tax withholding by employers.
Both States: Carefully review the document, consider the legal implications, and consult an employment law attorney before signing. You have the right to full review time and consideration of the agreement’s terms.
At Workers’ Advocate, we provide comprehensive support for employees offered severance
agreements. Our services include:
We ensure your severance protects you, not just your employer.
If you’ve been offered a severance agreement or want it reviewed by an attorney, please fill out
our interactive form.
A hostile work environment occurs when the harassment or mistreatment becomes severe or pervasive enough that any reasonable person would find it abusive.
Yes. Under federal and state laws (including Title VII, FEHA in California, and NYSHRL/NYCHRL in New York), employees are protected from harassment and hostile working conditions.
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Any content found on the website is for general informational purposes only and the provided information does not create a relationship between a website visitor and an attorney.
Any content found on the website is for general informational purposes only and the provided information does not create a relationship between a website visitor and an attorney.