Below you will find the most frequently asked questions in the area of employment law.  If your question is not answered below, continue to scroll to the Ask the Lawyer section.

1. What are my rights regarding final pay if I have been terminated/resigned?

If you have been terminated, your employer must pay you your final paycheck at the time of termination or your last day of work. If you voluntarily resign, you should receive your final paycheck within 72 hours of your last day of work. You also are entitled to your prorata vacation pay (but not sick leave pay) within 72   hours of your last day of work. See our link at Labor Standards Enforcement for more information.

2. What are the laws in California regarding severance pay?

There is no law requiring employers to provide severance pay of any kind to employees absent a written contract of employment setting forth the terms of severance pay. Although many employers do provide severance pay when laying off employees, they are not required by law to do so.

3. I am a temporary employee. How long until my employer must make me a permanent employee?

Private employers in California are entitled to keep employees on as temporary employees with reduced benefits, for an indefinite period of time. In some cases, if employment is unionized, there might some type of rule set forth in the union contract. Other employees provide guidelines in their employee handbook. Government employment is regulated by various statutes and regulations set forth for each type of employment. For example, teachers rights to tenure are set forth in the California Education Code. However, if none of the above apply, there is no law requiring private employers to ever switch temporary employees to permanent status.

4. What type of notice am I entitled to before my employer can fire me?

There is no requirement of notice of any kind absent a written contract, union rules or rules and regulations set forth in an employee handbook. California is an "at will" state, which means that an employee can be terminated at any time, with or without notice, for any reason, as long as the reason does not violated public policy. Thus, if the termination is based on some type of prohibited discrimination, such as age, race, gender, disability, etc... or in retaliation for whistle blowing, there may be some type of redress. However, if none of the above apply, either the employer or employee can terminate employment without notice.

5. I feel that I have been discriminated against because my supervisor constantly harasses me, yells at me when I make mistakes and is generally hostile to me. He treats everyone in a very negative and nasty manner. Can we sue?

There is no law in California requiring an employer to make sure employees, including supervisors, behave in professional manner. Unfortunately, there is no law against being obnoxious. If the type of hostile environment you are experiencing is not related to gender, sexual preference, age, disability, race, etc there is no specific law protecting employees from these types of actions. You may want to discuss this with your human resources department. If you are suffering so much stress from the supervisor's actions, you may be entitled to workers' compensation. See our link at Workers' Compensation.

6. How many hours do I have to work before I am entitled to a break?

As a general rule California law requires employers to provide non-exempt employees with two 10 minute paid breaks in an eight period, together with a half hour meal break, which may be unpaid. However, there are variations to these rules, and your should check our link at Labor Standards Enforcement to determine the rules for your industry.

7. I am being harassed on the job because of my gender/age/race/disability/sexual preference etc... What can I do?

Your first order of business is to complain to someone in authority regarding the harassment. Start with the harasser's supervisor, and/or your own direct supervisor. If this does not resolve the problem, or is not feasible because the harasser is your supervisor, you should file a written complaint being as specific as possible with your human resources department. If you do not receive an adequate response you then should contact the California Department of Fair Employment and Housing, and/or the Equal Employment Opportunity Commission. Information regarding these agencies is available on line. See our links.

8. I was terminated and denied unemployment benefits. What should I do?

See our link on line at Unemployment

9. My employer has reduced my hours/pay/benefits. What can I do?

In California employers have the right to change the terms and conditions of employment at any time, for any reason, as long as it is not for a discriminatory reason. If you are not a government employee, and/or do not have a written and/or union contract guaranteeing your hours, salary or other benefits, there is nothing in California law which would allow you redress. The best you can do is look for another job which would provide better hours and benefits.

10. How do I find a good lawyer to represent me?

You should ask friends and relatives whether they know a lawyer who specializes in the area you are seeking legal advice on. You can also check with your local bar association for a referral. There are many sites on line which list lawyer referrals. When interviewing a potential lawyer to represent you, ask if s/he can provide a referral.

Ask The Lawyer

This service applies to questions regarding California law only.  We cannot comment on the laws of other states.

Simply fill out the form below and submit it, and "Ask The Lawyer" will answer your questions directly by return E-mail.

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