Employer Defense in Southern California
The benefits of owning a business will almost always come with the unavoidable risk of being sued by a disgruntled employee. Whether the allegations are based on the presumption of a state or federal law, understanding the different types of allegations can help you protect your rights and interests.
Common Workplace Allegations
The State of California offers a wide array of employee protections, but as a result, some employees may use these rights to retaliate against an employer. The following are common allegations that a California employer may be forced to defend against:
Allegations of Workplace Harassment – Allegations that are based on harassment arise from the claim of sexual harassment. In the State of California, an employer can be sued for workplace sexual harassment, even if it is another worker who is causing the harassment.
Discrimination Allegations – Whether it is on a state or federal level, employers have a right to defend themselves against allegations of workplace discrimination. In order to have a valid claim, the worker raining the claim will need to present circumstantial evidence that the employer took adverse action due to the worker’s membership in a protected class. The employer then must rebut the presumption of discrimination with evidence of a non-discriminatory reason for any alleged adverse employment action.
Wrongful Termination – The State of California is an “at-will” state, meaning employees could be terminated without a reason. Still, there are certain protected groups who may have legal standing to file a wrongful termination claim. A worker can bring forth a claim alleging discrimination resulting in wrongful termination. Workers can also file a lawsuit by alleging that their “whistleblowing” resulted in retaliation, which led to wrongful termination. In these cases, the initial burden lies on the employee to present circumstantial evidence of the discrimination to which the employer must rebut with evidence of a non-discriminatory reason for any alleged termination.
Workers’ Compensation – When a worker files for a workers’ compensation claim, it is essential to consider obtaining legal support to defend against the claim. It may also be beneficial to investigate whether the subrogation claim is warranted.
Unfair Labor Practices – Employees can report employers to a regulatory board and claim that the employer engaged in unfair labor practices. Here, it is critical to seek the support of an attorney who understands the administrative hearing process.
Whistleblowers – In California, workers have the ability to report presumed suspicions that a worker is not complying with workplace regulations. Once the worker files a report, he or she is considered a “whistleblower,” and there are laws that protect him or her from employer retaliation. Retaliation refers to any adverse actions taken against the worker for making the report. Although there may be permissible reasons to fire a whistleblower, it is important to take careful precaution before actually discharging him or her.
Allegations for a Breach of Employment Contract – When facing the allegation of a breach of contract, it is critical to thoroughly investigate and review the contract in order to effectively defend against any unwarranted allegations. Breach of contract cases can sometimes involve mediation, negotiation, arbitration, and settlement.
Speak to a Well-Versed Employer Defense Attorney
As a business owner in California, it is important that you consider a vigorously defense to allegations that could potentially cause irreparable damage to your business coupled with the financial impact of an employment defense depending on the potential liability and exposure in the case. In the first indication of a possible claim, consider speaking to an experienced attorney who can adequately advise you on the course of action in your employment action.
The attorneys at the Knez Law Group have many years of dedicated experience helping California employers defend against claims by employees. Consider speaking to an attorney at the Knez Law Group today for a no-obligation consultation.
Matthew J. Knez graduated from the University of Redlands in California where he earned a Bachelor of Arts degree in Creative Writing. He went on to pursue his Law Degree at the University of LaVerne, College of Law in Ontario, California. While pursuing his law degree he earned various awards, including CALI Award in Torts and he was on the Dean’s List. Mr. Knez was also a member of the Justice and Immigration Clinic where he worked with people seeking asylum into the United States from countries where they had experienced persecution or threat of persecution. Additionally, Mr. Knez was a member of Law Review where he was an Associate Editor and published a Law Review article on California family custody move-away cases.