Did you know, even if you're not qualified for FMLA/CFRA leave, your employer is still required to provide you with a leave of absence unless it would cause them an undue burden?
Has your employer failed to provide you leave? Has your employer provided you leave but has capped the amount of leave you can take to 30 days, 60 days, 90 days, 1 or 2 years? Have you been told that you can only return to work if you could do so without restrictions, or only if you're 100% healed, or only if can come back on "full duty"? If any of these are true, you may be entitled to substantial compensation.
Are you pregnant?
Did you know you're entitled to workplace accommodations including schedule changes, excused time off to attend prenatal visits, modifications to lifting requirements, temporarily eliminating those job functions which impact your pregnancy, and potentially have the opportunity to work from home if you had worked from home before? If any of these accommodations have not been provided, you may be entitled to substantial compensation.
Have you made a workplace complaint and then terminated within 90 days?
Was your complaint related to something illegal that your employer or supervisor was doing like: fraud, health and safety, sexual harassment, racial remarks being used at work, needing workplace accommodations for your medical needs, not receiving all your wages, commissions, or sick pay? Or, was your complaint that you refused to engage in activity you believed was illegal? If so, you may be entitled to substantial compensation.
Are you a live-in nanny or caregiver? Are you paid a salary?
If so, you may be entitled to overtime and if you are not paid overtime past your 9th hour of work, you may be entitled to substantial compensation.
Do you have a job that requires you to carry a cellphone or radio at all times? Are you expected to be on call?
If you are not paid for these activities, you may be entitled to substantial compensation.
Have you been sexually harassed by your lead, supervisor, manager, or boss? Did the harassment involve any touching, inappropriate text messages, or emails? Was it frequent?
Did you know you may be entitled to substantial compensation.
Did your employer make you take a drug test? Did you test positive for marijuana?
If you had to endure a urine test, your results may be inaccurate and you may be entitled to substantial compensation.
Do you or did you need a leave of absence or other accommodation to care for a loved one? Did they have a serious medical condition? Were you the sole caregiver?
If your employer failed to provide you with a leave of absence or accommodation, you may be entitled to substantial compensation.
Did you require a reasonable workplace accommodation? Could your employer provide the accommodation without hiring someone else or eliminating the essential functions of your position?
If your employer failed to accommodate you and you were terminated, you may be entitled to substantial compensation.
Are you a restaurant employee? Did you get free meals when you worked a shift but not when you were not working?
Did you work overtime, take a sick day, or had your meal break or rest break interrupted, taken late, or not had the opportunity to take them at all? If so, you may be entitled to substantial compensation.
Did you work more than 5 hours without taking a lunch break? Was your lunch break interrupted? Did you have to take your lunch break onsite? Did you take a rest break? Was it for at least 10 minutes? Was it interrupted? Did you get at least 2 rest breaks during your 8 hour shift?
If not, you may be entitled to substantial compensation.
Did you need workplace accommodations? Did your employer provide accommodations but you need adjustments?
Did you know your employer has an ongoing duty to engage you in a good faith interactive process. If your employer stopped engaging with you to address your accommodations, you may be entitled to substantial compensation.
Did you know your employer cannot simply call you “exempt” or “salaried” to avoid paying overtime?
If you spend most of your time doing non-managerial tasks and/or are paid less than $68,40 per year, you may be entitled to overtime pay.
Did your employer call you an “independent contractor,” but still set your schedule, control how you do your job, and provide your tools or equipment?
If so, you may actually be an employee entitled to overtime, breaks, and benefits.
Did you take medical leave, and then suddenly start receiving write-ups, demotions, or negative performance reviews?
That could be illegal retaliation, and you may be entitled to compensation.
Did you report unsafe conditions, only to be disciplined, written up, or terminated?
Retaliation for reporting health and safety violations is against the law and you may be entitled to substantial compensation.
Did your boss make comments about you being “too old,” “slowing down,” or “needing to retire”? Were younger, less qualified workers promoted over you?
That may be age discrimination and you may be entitled to substantial compensation.
Have you been subjected to racial slurs, offensive jokes, or unequal treatment because of your race, ethnicity, or accent?
Your employer has a duty to stop workplace harassment. If they have not and you were subject to discipline or termination, you may be entitled to substantial compensation.
Did your employer fail to pay you all wages owed — including overtime, vacation, or sick pay — on your last day of work?
You may be entitled to waiting time penalties.
Can I be fired for any reason in California, and what constitutes wrongful termination?
While California is an “at-will” employment state, wrongful termination occurs when you’re fired for illegal reasons like discrimination based on your age, sex, gender, medical conditional or your association with someone with these protected characteristics, retaliation for reporting safety violations, reporting illegal activity in the workplace, or refusing to break the law. If you believe you were terminated for discriminatory or retaliatory reasons by your California employer, you may have grounds for a wrongful termination lawsuit and may be entitled to substantial compensation.
What are my rights to overtime pay and meal breaks under California law?
California requires overtime pay at 1.5x your regular rate for hours over 8 per day or 40 per week, and double time for hours over 12 per day. You’re also entitled to duty free (uninterrupted) 30-minute meal breaks for shifts over 5 hours and duty free (uninterrupted) 10-minute rest breaks every 4 hours. If your California employer is denying these rights, you may be entitled to back wages and penalties.
What should I do if my employer retaliates against me for complaining about workplace issues?
Retaliation is illegal when your employer punishes you for filing complaints about discrimination, harassment, reporting wage violations, or engaging in other protected activities (.i.e., complaining about illegal activity in the workplace). This can include termination, demotion, or creating a hostile work environment after you’ve made a complaint. Make sure you document your complaints (email, text, slack message, ect.). Be ready to communicate the timeline of events. Contact our office immediately as there are strict deadlines for filing retaliation claims.
Am I properly classified as an exempt employee, or should I be receiving overtime pay?
To be legally exempt from overtime, you must earn at least $68,640 annually (as of January 1, 2025), perform primarily executive/administrative duties, and exercise independent judgment. Many California employers misclassify employees as exempt to avoid paying overtime. If you don’t meet all requirements, you may be entitled to overtime pay and penalties for past hours worked.
What are my rights regarding family leave, pregnancy, and medical leave in California?
California provides up to 12 weeks of unpaid family leave under CFRA for childbirth, serious health conditions, or military family leave, plus up to 4 months for pregnancy disability. These laws apply to employers with 5+ employees and include job protection and continued benefits. Your employer cannot terminate you for taking legally protected leave in California.
