Employee Rights FAQ’s

Experiencing workplace issues? Michael Trust Law, APC provides expert guidance on employment law matters. Our confidential consultations help employees understand their rights and legal options.

Vignette
“While still employed, Maria consulted with an attorney about ongoing harassment. With legal counsel, she learned her rights, avoided retaliation, and secured a safer workplace.”*

Understanding Your Workplace Rights

Consider seeking professional legal counsel if you’re experiencing any of these workplace issues:

  • Workplace Discrimination – Age, gender, race, religion, disability, or other protected characteristics
  • Sexual or Verbal Harassment – Unwelcome conduct creating a hostile work environment
  • Wage and Hour Violations – Unpaid overtime, minimum wage violations, or improper classifications
  • Family and Medical Leave Denials – FMLA violations or accommodation refusals
  • Wrongful Termination – Firing that violates employment contracts or law
  • Workplace Retaliation – Negative actions after reporting violations
  • Hostile Work Environment – Severe or pervasive inappropriate conduct

Schedule your confidential consultation today

Yes. Many workers consult with employment attorneys while actively employed. Understanding your rights doesn’t mean you must leave your job. Our confidential consultations help you explore options without risking your current position.

Common scenarios include:

  • Understanding legal implications before reporting violations
  • Navigating complex workplace accommodations
  • Addressing ongoing harassment or discrimination
  • Reviewing employment contracts or severance agreements

It depends on what the complaint was about. California law prohibits retaliation against employees who report or oppose unlawful conduct, file a complaint with a government agency, participate in an investigation, or exercise other protected rights. Not every workplace complaint is legally protected — but many are. Retaliation can take many forms, including termination or constructive discharge, demotion or reduction in responsibilities, reduction in pay or hours, schedule changes or reassignment, and sudden negative performance reviews following protected activity. If something negative happened to you at work shortly after you complained or reported something, that timing may be legally significant. Contact Michael Trust Law, APC for a confidential consultation.

Harassment is unwelcome conduct directed at an employee because of a protected characteristic — such as race, gender, age, disability, national origin, religion, sexual orientation, or other protected status under California law. A hostile work environment is a specific legal claim requiring the harassment to be severe or pervasive enough to alter the conditions of employment. Occasional rude comments generally do not meet this standard — but many situations do. California’s Fair Employment and Housing Act (FEHA) provides broader protections than federal law. Contact Michael Trust Law, APC to discuss whether your situation meets the legal threshold.

Not necessarily. California applies strict tests to determine whether a worker is truly an independent contractor regardless of what the employer calls them. California primarily uses the ABC test (established in Dynamex Operations West, Inc. v. Superior Court and codified in AB 5), which presumes a worker is an employee unless the hiring entity proves: (A) the worker is free from the company’s control; (B) the work falls outside the company’s usual course of business; and (C) the worker is customarily engaged in an independently established trade or business. Where the ABC test does not apply, California courts use the Borello test, examining factors including who controls the manner and means of work, who supplies tools, and the permanency of the relationship. Workers who are misclassified may be entitled to minimum wage, overtime, meal and rest breaks, and expense reimbursement. Contact Michael Trust Law, APC to evaluate your classification.

Do not sign anything your employer presents without first having an attorney review it — severance and separation agreements often waive important legal rights, sometimes permanently. Preserve everything you legally have access to: offer letters, performance reviews, emails, pay stubs, and notes. Write down the timeline while fresh. Note whether your termination followed any protected activity such as a complaint, leave request, disability accommodation, or safety report. California has strict statutes of limitations — some as short as one year. Contact Michael Trust Law, APC for a confidential, no-charge initial consultation.

A layoff is a termination attributed to business reasons. A wrongful termination is one that violates the law, an employment contract, or public policy, regardless of what the employer calls it. Even a so-called layoff may be wrongful if the decision was motivated by a protected characteristic (such as age, disability, pregnancy, race, gender, religion, sexual orientation, or other protected status), was connected to protected activity, or violated a contract. The label an employer uses does not determine whether the termination was lawful. Contact Michael Trust Law, APC to evaluate your specific circumstances.

In California, the general statute of limitations for unpaid wage claims under the Labor Code is three years. Claims under the Unfair Competition Law may extend to four years. For written contract claims, the period may also be four years. Waiting reduces your recovery window — every pay period that passes is potentially wages you can no longer recover. Contact Michael Trust Law, APC promptly to understand which deadlines apply to your situation.

California’s overtime rules are significantly stricter than federal law. Most non-exempt employees are entitled to: time-and-a-half for hours over 8 in a single workday; time-and-a-half for the first 8 hours on the seventh consecutive day in a workweek; double time for hours over 12 in a single workday; and double time for hours over 8 on the seventh consecutive day. California’s daily overtime trigger — not just the federal 40-hour weekly threshold — is one of the most common sources of wage underpayment. An employee who regularly works 10-hour days may be owed significant overtime even if total weekly hours do not exceed 40. Contact Michael Trust Law, APC if you believe you have not been paid correctly.

In California, non-compete agreements are generally unenforceable. California Business and Professions Code Section 16600 broadly prohibits contracts restraining someone from engaging in a lawful profession, trade, or business. California law voids non-competes broadly — including agreements signed in other states — and those protections have been further strengthened in recent years. Very limited exceptions exist. If your employer is threatening to enforce a non-compete or has included one in a severance agreement, contact Michael Trust Law, APC before signing anything.

California has had a complex and evolving relationship with mandatory employment arbitration. California has sought to limit mandatory arbitration in employment; however, this area remains subject to ongoing federal court litigation regarding preemption by the Federal Arbitration Act, and enforceability has shifted over time. Even where an arbitration agreement is enforceable, it cannot waive your right to file administrative charges with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). Enforceability depends on the agreement’s terms, how it was presented, and current applicable law. Agreements that are procedurally or substantively unconscionable may be unenforceable. Contact Michael Trust Law, APC before signing any arbitration agreement.

Employment law cases depend on several critical factors:

  • Nature of the conduct – Whether the behavior violates specific employment laws
  • Timeline of events – Statute of limitations considerations
  • Available documentation – Evidence supporting your claim
  • Employer size – Some laws only apply to companies with a certain number of employees
  • Remedies sought – What resolution would address the situation

Contact us to evaluate your case

Proper documentation significantly strengthens workplace claims. Preserve:

  • Employment Records – Offer letters, contracts, handbooks, performance reviews
  • Communication Records – Emails, texts, letters related to workplace issues
  • Incident Documentation – Notes with dates, times, participants, witnesses
  • Financial Records – Pay stubs, time records, expense reports
  • Medical Documentation – For workplace injuries or accommodations

Initial consultations with Michael Trust Law, APC are provided at no charge. This allows you to understand your legal options without financial commitment.

For cases we accept, we offer flexible fee arrangements:

  • Contingency fees (percentage of recovery)
  • Hourly rates
  • Flat fees
  • Hybrid arrangements

Contact Michael Trust Law today

California provides significant protections for applicants and employees subject to background checks. Under California’s Investigative Consumer Reporting Agencies Act (ICRAA) and the federal Fair Credit Reporting Act (FCRA), you have the right to specific written disclosures before a check is conducted, written authorization rights, a copy of the report before any adverse action is taken, and the right to dispute inaccurate information. California’s Fair Chance Act (Ban the Box) generally prohibits employers with five or more employees from asking about criminal history before making a conditional job offer, and requires an individualized assessment before any adverse action. If an employer failed to follow proper procedures or denied you a position without individualized assessment, contact Michael Trust Law, APC.

Explore Related Employee Services

The information on this page is provided for general informational purposes only and does not constitute legal advice. Please review our complete Disclaimer for important information about the use of this website and its content.

*Attorney Advertising

You should consult an employment attorney when workplace issues may violate your legal rights. Early advice helps you understand your options and protect your position.

  • Discrimination
  • Harassment
  • Wage violations
  • Wrongful termination
  • Retaliation

Yes, you can consult an employment lawyer while still employed. It is legal and confidential to seek advice without leaving your job.

  • Before reporting violations
  • Workplace accommodations
  • Harassment issues
  • Contract review

No, employers are generally prohibited from retaliating against employees for reporting unlawful conduct or exercising legal rights.

  • Termination
  • Demotion
  • Pay reduction
  • Schedule changes

Harassment is unwelcome conduct based on protected characteristics, while a hostile work environment occurs when that conduct becomes severe or pervasive enough to affect working conditions.

If you were terminated, do not sign documents before legal review. Preserve records and document events to protect your rights.

  • Save emails and records
  • Document timeline
  • Note complaints or protected activity

A layoff is based on business needs, while wrongful termination violates employment laws or public policy regardless of the employer’s label.

In California, employees can typically recover unpaid wages going back up to three years, and sometimes up to four years depending on the claim.

In California, non-compete agreements are generally unenforceable and cannot restrict your ability to work in most situations.