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In Oakland, like the rest of the United States, Hiring & Firing laws are formulated to protect both employee and employer rights. These laws cover various aspects such as discrimination, harassment, wrongful termination, wage disputes, independent contractors, and workplace health and safety. Federal legislation like Title VII of the Civil Rights Act, Americans with Disabilities Act, Age Discrimination in Employment Act, and many others, are applicable in all states, including California. However, California additionally provides further employee protections beyond Federal laws, oftentimes being regarded as the most pro-employee state in the country.
Both employers and employees might need the help of an experienced lawyer in a number of scenarios. Employees might face discrimination during the hiring process, unfair treatment or harassment in the workplace, or unjust termination. On the other hand, employers may seek legal advice to ensure compliance with all state and federal regulations during the hiring process, to properly handle complaints or grievances raised by employees, and to defend themselves if faced with lawsuits alleging unfair working conditions or wrongful termination.
In addition to federal laws, Oakland employers must comply with California state laws and local ordinances, which often provide additional protections for employees. For instance, California has a higher minimum wage than federal law and offers greater protection against workplace discrimination. Additionally, Oakland employers must comply with the city's minimum wage, paid sick leave, and employment protections for service members ordinances. Furthermore, employers are expected to pay final wages immediately upon termination and employers in California are not allowed to use "at-will" employment contracts to avoid complying with rightful termination laws.
Wrongful termination refers to when an employer fires an employee in violation of legal protections. This may include termination due to discrimination, retaliation, refusal to commit an illegal act, or violation of written or implied contracts.
Though California is an "at-will" employment state, meaning an employer can terminate an employee without reason, there are exceptions. You cannot be fired for reasons that are discriminatory, in violation of public policy, or in violation of your contract.
If you believe you have been discriminated against during the hiring process, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or California Department of Fair Employment and Housing (DFEH).
Even though it's possible to file a claim on your own, having an employment lawyer can make the process smoother. A lawyer can help understand the complexities of the case, gather evidence, file your claim, negotiate settlement or represent you in court if required.
For Employment Discrimination claims, you have to file a charge with the EEOC within 300 days from the incident. If you are filing a Wrongful Termination claim, a lawsuit must be filed within two years from the date of termination.
In case of hiring & firing disputes or for more information, you can approach the Equal Employment Opportunity Commission (EEOC), California Department of Fair Employment and Housing (DFEH), or the California Department of Industrial Relations. Websites like Nolo and FindLaw also provide plenty of free resources and information on employment laws.
If you feel your employment rights have been violated or as an employer, you need advice in ensuring compliance, consult a seasoned employment lawyer. Ensure they have a thorough understanding of both local Oakland ordinances and broader California law, in addition to federal regulations. Remember to document everything and preserve all potential evidence for any future legal actions. It's crucial not to delay, since statutory limitations apply to most employment law disputes.
