Business owners control how employees work within their facility, yet some rules are out of their hands. California employment laws exist to protect employees from power-hungry employers, ensuring a fair environment for everyone. If an employer violates laws governing the workplace, they are subject to lawsuits, fines, and other penalties.
Most business owners act under laws governing the state and strive for a workplace that is enjoyable and fair for all. Others are not so much on the up-and-up and take advantage of employees however they can. Knowledge is power, as they say, and knowing truth from myth can protect your rights in a potentially toxic workplace.
Common Myths About Your Workplace Rights
Myths often begin unintentionally as one person attempts to pass on information to someone else without first verifying its accuracy. The information then spreads quickly, and groups of people believe that it is true. Protecting your rights in the workplace starts with understanding your rights and dispelling the myths. This list helps you better understand myths about workplace rights.
Myth: I Cannot Voice My Concerns Over Workplace Conditions
Employees in California are encouraged to voice concerns over workplace conditions with their coworkers, management team, and Human Resources experts, if necessary. Venting helps employees alleviate dress and frustration that could otherwise build.
Open conversation regarding workplace conditions may promote a healthier work environment. Employees who wish to discuss the workplace with coworkers and others are protected under the National Labor Relations Act (NLRA.) Keep the discussion professional, and speak up!
Myth: Sex Jokes Are Acceptable if They Are Not Directed Toward Me
Every employee wants a workplace that is fun and friendly, but sexualizing conversations are a bit too much for the average person. Even when sexual jokes are not directed toward you, they can lead to a hostile and uncomfortable work environment that borders sexual harassment. Jokes and comments of a sexual nature should be reserved for conversations outside of the workplace.
Myth: Racist Jokes Are Okay if it is Funny
The belief that racist jokes in the workplace are acceptable under any circumstances is completely incorrect. People do not always laugh at the same jokes, especially those offensive to a set of people based on their race. Racism, including racist-based jokes, can lead to harassment, a toxic environment, and discrimination. Treat others the way you expect to be treated.
Myth: Your Employer Can Force You to Work Off The Clock
In California, employers cannot force you to work off the clock. All hours and minutes you work for a company should be paid, even if this means you reach overtime hours (over 40 hours in a single workweek).
Myth: Employers Can Withhold Pay Over Performance Concerns
Employers cannot legally withhold an employee’s pay based on performance issues. In California, employers must pay employees for all hours worked and may only withhold pay based on specific, lawful deductions required by the state or government. If your work does not meet expectations, employers can take disciplinary measures but cannot refuse to issue pay.
Myth: A Two-Week notice is Required Before Quitting a Job
Two-week notices aren’t required before quitting a job in California. California is an at-will employment state, giving employees the right to leave a company with or without notice. However, failing to provide a two-week notice to an employer may result in forfeiture of employment opportunities with them in the future.
Myth: Employers Need a Good Reason to Terminate an Employee
Employers can choose to end a working relationship with an employee at any time, with or without reason, as long as it does not discriminate against the individual. Even if the reason is mere dislike, employers hold the same at-will rights as an employees.
How to Handle Workplace Rights Violations
Understanding your rights helps you effectively advocate for yourself in the workplace. It can also benefit you if situations arise that require additional actions to protect your rights. Here are the steps to take if you feel your workplace rights have been violated.
- Familiarize yourself with employment laws, including federal and state rules. The U.S. Department of Labor, the California Department of Fair Employment and Housing, and numerous other resources offer valuable information regarding your rights. The more you know about laws and your rights, the easier it becomes to take action when appropriate.
- If you suspect an employer has violated your workplace rights, document the incidents. Keep detailed records of the dates, times, locations, and individuals involved in the incidents. Save all correspondence, photographs, etc. with your employer that prove your claims.
- Open communication with your management team or the HR department voicing your concerns can get results. Approach the team professionally, with documentation of your concerns. This step may prevent additional escalation of the matter.
- File complaints with relevant agencies if you do not receive satisfactory results using the steps above. The California Labor Commission and the Equal Employment Opportunity Commission handle many workplace rights violation complaints.
- When all else fails, you may feel like giving up without favorable results. Instead, seek legal advice from a competent attorney. An attorney may offer free consultations to discuss the case and advise you of the steps you should take to resolve the matter.
- Protecting your mental health and well-being is more important than anything else. Dealing with workplace toxicity can be stressful, especially if you do not get results before contacting an employment lawyer LA. It could be a good time to seek support from family, friends, or a licensed therapist. In some situations, finding other employment may be the best option to protect your mental health.
The Bottom Line
California employers must follow laws and regulations when operating a company of any size. Most do, but there are a few bad apples out there. For this reason, understanding your workplace rights is essential. The knowledge you gain from understanding your rights protects you for as long as you are part of the workplace.