Employee Rights FAQs
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.
Workplace situations that prompt a call to an employment attorney typically fall into a few recurring patterns: pay that does not match the hours worked, an adverse action following a complaint or accommodation request, a termination that seems to single out one employee for what was tolerated in others, a non-compete agreement asserted after the employee has changed jobs, or a request to sign a severance agreement under time pressure. The right time to consult an attorney is generally before any agreement is signed and as soon as a pattern emerges.
Frequently Asked Questions
Working With Michael Trust Law, APC
Often, yes. Most employment claims have short deadlines and the evidence — emails, performance reviews, witness recollection — is best preserved early. A 30-minute conversation can clarify whether what happened fits a pattern California law recognizes, what deadlines apply, and what options exist. Consultation is generally confidential.
Michael Trust Law, APC offers a 30-minute initial conversation to discuss the situation and determine fit. The firm represents employees on a variety of fee structures depending on the nature of the claim. The first step is the initial conversation.
Initial consultations are generally confidential under California’s attorney-client privilege protections for preliminary consultations. The privilege protects the substance of the conversation regardless of whether you ultimately retain the firm. Please see the Disclaimers page for the full statement on what initial contact does and does not create.
Where possible: personnel file, last few performance reviews, dated written communications with your supervisor and HR, your offer letter and any employment agreement, recent pay stubs, and any policies you have signed. Write down a chronology of key events from memory while it is fresh. Do not take confidential employer documents you are not entitled to.
Generally, no. California protects employees against retaliation for engaging in protected activity, which includes consulting counsel about employment law concerns. Retaliation for engaging legal counsel may itself give rise to a separate claim.
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
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
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
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
Timelines vary significantly by case. Many employment claims start with an administrative step — filing with the relevant administrative agency — before a lawsuit can even be filed. That administrative process alone can take time.
If the matter proceeds to a lawsuit, historically, several years in many California courts, though timelines vary significantly by county, court initiatives, and case complexity. Many cases also resolve before trial.
We can walk you through the process and the factors that typically affect timing, but we can’t predict how long any specific case will take at the outset — that depends heavily on decisions the other side, the agency, and/or the court make along the way.
Not necessarily. Many employment matters go through an administrative agency first, rather than directly to court, and that process typically comes before a lawsuit is even filed. Even if a lawsuit is filed, most cases settle before trial.
It’s also worth understanding that “going to court” isn’t limited to a trial. Once a lawsuit is filed, the litigation process itself — not the court — typically includes steps like written discovery and depositions, and those can happen whether or not the case ever reaches trial.
Whether a case ends up in a courtroom depends on factors outside anyone’s control at the outset, including how the other side, the agency, and/or the court respond. We can explain how the process works and what typically happens at each stage, but we can’t predict how any individual case will resolve.
Leave, Disability & Accommodation
Likely yes. The California Family Rights Act (CFRA) entitles eligible employees to up to 12 weeks of job-protected leave in a 12-month period to care for a parent, child, spouse, domestic partner, grandparent, grandchild, or sibling with a serious health condition, for their own serious health condition, or to bond with a new child (Cal. Gov. Code §12945.2). Whether you are eligible, and how the 12 weeks is calculated, depends on your length of service and hours worked.
Yes. California’s Pregnancy Disability Leave law entitles employees disabled by pregnancy, childbirth, or a related medical condition to up to four months of job-protected leave, separate from and in addition to CFRA leave (Cal. Gov. Code §12945). Your employer must reinstate you to the same or a comparable position when you are able to return, subject to the same rules that apply to any other employee returning from a medical leave.
No, not as a blanket rule. California’s kin care law requires an employer that provides paid sick leave to allow employees to use at least half of their annual accrual to care for a family member, on the same terms that would apply if the employee used it for their own illness (Cal. Lab. Code §233). A policy that flatly excludes family-care use of paid sick leave does not comply with this requirement.
No. California’s Fair Employment and Housing Act (FEHA) defines disability more broadly than the federal Americans with Disabilities Act, and the California Legislature has expressly declared that FEHA’s protections are independent of, and broader than, those available under the ADA (Cal. Gov. Code §12926.1(c)). A condition that falls short of the ADA’s definition can still qualify for protection and accommodation under California law.
No — undue hardship is a specific legal standard, not a general inconvenience. It requires significant difficulty or expense, evaluated against factors that include the nature and cost of the accommodation, the employer’s overall size and financial resources, and the accommodation’s impact on operations (Cal. Gov. Code §12926(u); 42 U.S.C. §12111(10)). An employer that denies an accommodation request on this basis should be able to explain, with specifics, why those factors were met — a conclusory assertion is not enough.
Discrimination, Harassment & Retaliation
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.
Wage, Hour & Classification
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.
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.
Termination & Severance
Sometimes. Severance agreements involving employees 40 or older trigger federal OWBPA protections (29 U.S.C. §626(f)), including a minimum 21-day consideration period and a 7-day post-signing revocation right. California’s Cal. Civ. Code §1542 waiver requirements also apply. Consult counsel quickly — the revocation window is short.
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.
Contracts & Agreements
Not necessarily. California enforces arbitration agreements only when they satisfy the Armendariz framework as refined by Ramirez v. Charter Communications, Inc. (2024) 16 Cal.5th 478 and Fuentes v. Empire Nissan, Inc. (2026) 19 Cal.5th 93. Procedural and substantive unconscionability defenses, FAA preemption issues, and statutory carve-outs all matter. The agreement is a starting point, not the final word.
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, seeking to limit it in employment even as enforceability remains subject to ongoing federal court litigation over preemption by the Federal Arbitration Act and 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.
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.
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Initial contact does not create an attorney-client relationship — see Disclaimers.