- Important Orange County Employee Rights You Should Know
- February 20, 2017
- Law Firm: OKTANYAN DER-GRIGORIAN LAW GROUP - Glendale Office
- Employment law deals with all the rights and obligations that may exist between employers and their employees, whether current or former. Employee relations are complex, and they are often marred by issues such as discriminations, unlawful termination, workplace safety, and wages. Issues such as these are governed by state and federal law, however, where the relationship is based on a contractual basis between the employee and the employer, state contract law governs the relationship.
Employee Rights in the Workplace
All employees enjoy individual rights at the workplace including freedom from prejudice and the right to privacy. Potential employees also have rights such as the freedom from discrimination based on gender or race that they can exercise even before they are hired.
The right to privacy applies to the personal possessions of an employee including mail, storage lockers, telephone conversations, voicemail messages and even handbags. However, it should be noted that as long as the employee is using company resources such as the employer's computer or telephone network, the rights of the employee are limited. If you are unsure what your rights are in this regard it is a good idea to speak with an attorney who can offer expert advice. Most law firm websites online offer free consultations.
Employers are only allowed to access certain pieces of information regarding their employees, and they can only do so if the employee has consented to the process in writing. For instance, an employer cannot run a background check on an employee or a prospective employee unless they have your acquiescence to do so.
Other employee rights and freedoms include:
- Right to be free from prejudice and any kind of aggravation or harassment.
- Right to a safe place of work free of hazardous surroundings, toxic material, and other probable hazards that may put employees in danger.
- Right to be free from reprisal from an employer is you file a complaint against them (also known as whistleblower rights).
- Right to fair compensation for all tasks performed.
Title VII- Title VII concerns organizations with more than 15 employees. It prohibits discrimination of any kind during the hiring process.
Americans With Disabilities Act (ADA)-) handles all rights and freedoms of people with disabilities. It allows for equal treatment, and it defines the term disability.
Age Discrimination in Employment Act - prevents employers from acting in a discriminatory manner towards employees of a certain age (usually 40 years and older).
Fair Labor Standards Act- deals with fair labor practices including pertinent earnings and overtime requirements.
Family and Medical Leave Act- stipulates the rights of employees regarding medical leaves and the durations of their departure.
Getting legal help
If an employee's rights have been desecrated, the first step one should take is to contact a qualified Orange County employment lawyer that can help explain available options and protections.