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Frequently Asked Questions

"I am being harassed, yelled at or treated rudely at work. Can I sue?"
California and federal law does not treat mean, rude or unprofessional behavior at work as illegal, unless it is especially extreme or egregious. It is, however, illegal for an employee to be harassed by employers, supervisors, managers, co-workers or third parties on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. It is also illegal for an employee to be harassed in retaliation for whistleblowing on illegal or improper conduct.
"Can I be fired because my boss doesn't like me?"

Unless you and your employer have signed an employment contract, your employer has an employee policy or your union has rules or a collective bargaining agreement that stipulates otherwise, an employer can fire any employee at any time for nearly any reason.

That being said, there are fundamental exceptions to this rule. It is illegal for an employee to be terminated or forced to resign based on their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation or in retaliation for blowing the whistle on illegal or improper conduct.

"I have been terminated or resigned. What payments am I entitled to?"

If you have been terminated, you are entitled to receive your final wages upon termination or on your last day of work. If you resign, you are entitled to receive your final paycheck within 72 hours after your last day of work. You are also entitled to receive any unpaid vacation (but not sick leave) pay within 72 hours after your last day of work.

"Am I entitled to severance pay?"

California does not require employers to give severance pay. Unless you and your employer have a signed employment contract, your employer has an employee policy handbook or your union has rules or a collective bargaining agreement that states otherwise, you are not entitled to severance pay.

"How much notice am I entitled to before I can be terminated?"
California is an at-will employment state. Unless you and your employer have a signed employment contract, your employer has an employee policy handbook or your union has rules that state otherwise, an employer can fire any employee at any time for almost any reason, without notice.
"Can my employer reduce my pay, benefits, hours, title because he/she doesn't like me?"
Unless you and your employer have a signed employment contract, your employer has an employee policy handbook or your union has rules or a collective bargaining agreement that states otherwise, the terms and conditions of your employment can be changed at any time for any reason. Different rules may apply if you are a government employee.
"How many hours do I have to work before I am entitled to a break?"
You are legally entitled to one 10-minute paid break for every four hours worked, together with a half-hour paid or unpaid meal break if you work more than five hours per day (and a second half-hour paid or unpaid meal break if you work more than ten hours per day).
"I have read the above questions and believe that I have been unlawfully discriminated against, harassed, and/or illegally terminated. What should I do?"
You should consult an attorney. The attorneys at Greenberg & Weinmann are highly experienced in civil rights and employment law and can guide you through the process. If you would like to consult with us, please call us at 310-319-6188 or fill out our "Ready to Talk?" form.

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