Suing your employer and quitting your job don’t always have to go hand-in-hand. A lot of people think that voluntarily leaving their employer is a prerequisite for suing them or that they should quit now because they might get fired because of the lawsuit.
Fortunately, neither of these things is true – although, your attorney may advise you to leave your job if he or she believes staying can adversely affect your case. If you are still employed at the time that you are suing your employer for violating your rights – be it a claim involving discrimination, sexual harassment, wage and hour law violations, etc. – whether or not you want to keep your job while the lawsuit is being fought is entirely up to you.
Understanding Your Rights As An Employee in California
At K2 Employment Law, we believe that knowledge is power. Understanding your rights as an employee is crucial in navigating the complexities of workplace issues. Whether you are facing discrimination, harassment, wrongful termination, or wage disputes, being informed can help you make the best decisions for your situation.
Here are some key rights every employee should know:
- Right to a Safe Work Environment: Employers are required to provide a workplace free from hazards that could cause injury or illness.
- Right to Fair Compensation: Employees are entitled to receive at least the minimum wage and overtime pay for hours worked beyond the standard 40-hour workweek.
- Right to Be Free from Discrimination: It is illegal for employers to discriminate based on race, gender, age, disability, or other protected characteristics.
- Right to Family and Medical Leave: Under the Family and Medical Leave Act (FMLA), eligible employees can take unpaid leave for specific family and medical reasons without fear of losing their job.
- Right to Report Violations: Employees have the right to report workplace violations or unsafe conditions without fear of retaliation from their employer.
By understanding these rights, you can better advocate for yourself and take action when necessary. If you believe your rights have been violated, our experienced attorneys at K2 Employment Law are here to help you navigate the legal process and ensure that you receive the justice you deserve.
Retaliation Is Illegal in California
You might not get warm receptions around the office, but if your employer wants to limit its liability, it should refrain from retaliating against you because of the lawsuit. Doing so is against the law. This means that if you like your job and intend to keep it despite your reason to sue, your employer can’t base a decision to terminate you on the fact that you filed a lawsuit against them.
Importantly, the outcome of the lawsuit also has no bearing on whether or not your employer can terminate you. Even if you lost your case against the company, your employer can’t use its victory as a shield or justification to fire you. If they did, it could actually give you strong grounds to pursue a wrongful termination lawsuit, where the damages you could recover may be more substantial than in any other lawsuit.
For more information, get in touch with our Northridge employment attorney today at K2 Employment Law by calling (800) 590-7674.