Stockton Employment Attorneys
Welcome to Miracle Mile Law Group of Stockton California. Our employment attorneys fight for the rights of employees wrongfully terminated, sexually harassed, discriminated and more.
Top Rated Stockton Employment Attorney. Strong Advocacy for Stockton California Employees
Stockton, the county seat of San Joaquin County, is known for its agricultural, manufacturing, telecommunications, education, revitalization projects, and many other types of employment. Workers in all employment sectors are protected by many different federal, California, and local laws. These protections include protection against discrimination, retaliation for asserting your rights, sexual harassment, the right to minimum wage and overtime pay, and many other employee benefits.
At Miracle Mile Law Group, our Stockton employee rights attorneys have the experience and resources to help workers obtain the compensation they deserve. We fight to hold employers responsible for wrongfully discharging you. We assert the right of people with disabilities to reasonable work accommodations. We demand that employees work in environments that are not hostile to their ability to do the job.
Our employment lawyers are skilled at filing claims in federal and state courts – and before federal and state agencies. To discuss any employee rights concern or complaint, call our seasoned employment lawyers now.
What are my rights if a Stockton employer wrongfully fires me?
In Stockton, your employee rights generally depend on whether you have a written contract or just an oral contract. Workers who do not have a written contract are considered “at-will employees.” If you have a written contract, the right of your employer is generally limited to the terms of the contract. If you are an at-will employee, your rights are generally governed by the laws and court cases that govern wrongful discharges.
- You have a written contract. Written contracts are usually for employees the employer can’t afford to lose. Some of the workers who have written contracts include managers, supervisors, people who are good at getting and keeping clients, and workers with financial or technical skills. Workers who are covered by a collective bargaining agreement (a union contract) are also protected by the terms of the collective bargaining agreement. Generally, workers who have a written contract can only be fired for good cause or because the contract term (such as a yearly contract) has expired.
- You’re an at-will employee. If you work without a contract, your Stockton employer doesn’t need a reason to fire you – provided the employer doesn’t violate the law. Your termination may be illegal if it is:
- Due to discrimination. Employers who are covered by federal law or California law should not terminate you based on your race, national origin, gender, age (40 or older), disability, or other factors that are based on your identity.
- Because you assert your rights. Employees in Stockton have certain statutory rights including the right to file a sexual harassment claim, file a whistleblower claim, take qualified leave to care for a family member, vote, or serve on a jury.
- Because you couldn’t do your job because your employer failed to comply with a legal requirement. Examples of legal requirements are providing people with disabilities the reasonable accommodations they need to do their job and ensuring that the employee doesn’t work in a hostile environment.
California employers must also comply with the California WARN Act when closing down a business, relocating, or a mass layoff.
What types of discrimination are illegal in Stockton?
You may have an employment discrimination claim if your employer discriminates in hiring, firing, and other adverse job considerations – if the employer’s decisions are based on your:
- Race or ethnicity
- A disability
- Country of origin
- Age (if 40 or older)
- Gender, sex, or sexual orientation
- Pregnancy
- Military status
- Religion
If an employer discriminates, our Stockton employment lawyers file claims:
- For violations of California discrimination laws before the California Department of Fair Housing and Employment (CDFHE).
- For violations of federal laws before the Equal Employment Opportunity Commission (EEOC)
If your claim cannot be resolved at the agency level, we file your claim in state or federal court.
What types of discrimination are illegal in Stockton?
California’s state minimum wage rate will be $15.40 an hour – more than double the federal minimum wage. The minimum wage applies to most California employers. Our Stockton employment lawyers will explain whether any exceptions apply.
California’s Healthy Workplaces, Healthy Families Act of 2014 requires, effective July 1, 2015, that all California employees provide a specific amount of sick leave for all eligible employees. The key provisions are that:
- All salaried employees, all full-time and temporary employees, and all hourly part-time employees who work for the same California employer for at least 30 days are entitled to sick leave benefits.
- Employers can limit the amount of paid sick leave to three days each year for employees who work on an accrual basis and can cap the total accrual to six days. Other conditions may apply.
- Employers who fail to comply with the California sick leave law can be subject to fines and penalties.
Generally, workers who work over 40 hours a week are entitled to time time-and-a-half pay for overtime pay. California also has mandatory rest break requirements.
What are my rights to minimum wage, overtime pay, sick leave, and rest breaks in Stockton?
California’s state minimum wage rate will be $15.40 an hour – more than double the federal minimum wage. The minimum wage applies to most California employers. Our Stockton employment lawyers will explain whether any exceptions apply.
California’s Healthy Workplaces, Healthy Families Act of 2014 requires, effective July 1, 2015, that all California employees provide a specific amount of sick leave for all eligible employees. The key provisions are that:
- All salaried employees, all full-time and temporary employees, and all hourly part-time employees who work for the same California employer for at least 30 days are entitled to sick leave benefits.
- Employers can limit the amount of paid sick leave to three days each year for employees who work on an accrual basis and can cap the total accrual to six days. Other conditions may apply.
- Employers who fail to comply with the California sick leave law can be subject to fines and penalties.
Generally, workers who work over 40 hours a week are entitled to time time-and-a-half pay for overtime pay. California also has mandatory rest break requirements.
Our Stockton employment lawyers assert your right to all these benefits.
Are Stockton employers accountable for workplace harassment?
The California Fair Employment and Housing Act (FEHA) protects employees in different ways including the right to be free from sexual harassment at work. The law, among other requirements, requires that “every employer shall act to ensure a workplace free of sexual harassment by implementing the following minimum requirements”.
- Posters shall provide information about the illegality of sexual harassment. “Each employer shall post the poster in a prominent and accessible location in the workplace.”
- “Employers should post a poster developed by the department regarding transgender rights in a prominent and accessible location in the workplace.”
- Provide required sexual harassment training
Employees have the right to be free from any pressures by an employer or supervisor to condition the work opportunities based on any type of sexual conduct. Employees have a right to work in an environment that is not hostile.
Our Stockton employment lawyers understand the precise requirements. We understand that conduct creates a hostile work environment. We file claims when sexual harassment is based on your gender, sexual identity, or sexual preferences.
The FEHA also protects employees from workplace harassment based on race, ethnicity, religion, national origin, disability, old age, sexual orientation, or gender identity.
We also file claims of sexual harassment that are based on federal laws.
Are Stockton employers accountable for workplace harassment?
There are federal and state laws that provide that covered Stockton employees may take unpaid leave to care for a new child (including adoptees), care for a sick relative, or take leave for other family and healthcare reasons.
These laws include:
- The California Family Rights Act (CFRA)
- The Family and Medical Leave Act (FMLA)
- The California Pregnancy Disability Leave law
Our Stockton employee rights attorneys help employees assert their rights to take unpaid leave to care for loved ones. We file claims against employers who fail to honor an employer’s family leave or medical leave rights, who fail to ensure there are no adverse consequences, or who retaliate against an employee for asserting these rights.
What other employee rights issues do your Stockton employment lawyers handle?
Miracle Mile Law Group represents employees in all types of employee rights issues including:
- The right to severance pay set forth in a contract or collective bargaining contract
- The right to retirement benefits
- The right to work with competitors after leaving a company
- The right to privacy from background checks unless certain statutory conditions are met
- Many other rights
At Miracle Mile Law Group, we fight aggressively to protect employees when employers violate federal laws, California laws, or written contracts. We help employees obtain their jobs back, full pay and full benefits, statutory damages, and other damages. To discuss your Stockton employee rights claim, please call us at (888) 244-0706 or contact us online for a FREE case evaluation.