One of the most important aspects of running a business is hiring employees. They’re your most important capital. Employees can make or break any business, so when it comes to hiring in Fresno, CA, employers must hire the right employees. To protect both an employer’s business and the employees’ future, federal and state rules prescribe how to conduct the hiring process and employee experience with the organization thereafter.
While these laws may seem like a hindrance at first glance, they exist for good reason. By understanding the rules and expectations related to managing employees, reporting workplace injuries, and conducting investigations, employers can ensure their Fresno business’s success.
Employment Litigation
Fishman Larsen & Callister (FLC) focuses on employment-related claims. We defend employers against claims of:
- Wrongful termination
- Unlawful discrimination and harassment
- Violation of public policy
- Retaliation and whistleblowing
- Unpaid wages, overtime, and associated penalties
- Workers’ compensation 132a claims
- Violation of privacy rights
- Claims for unemployment insurance benefits
- ERISA violations
Business Litigation
FLC has an extensive practice in business litigation matters. The cases we handle include:
- Unlawful use of trade secret or confidential business information
- False Claims Act allegations
- Commercial collections
Hiring Laws and Employment Discrimination in Fresno, CA
Although employers are free to hire whomever they choose, specific employment laws must be followed when hiring new workers in Fresno, CA. These laws are meant to protect individuals from workplace discrimination or unfair hiring practices. For example, an employer must not base the hiring decision on an individual’s race, color, national origin, gender identity or expression, citizenship status, religion, marital status, age, physical appearance, disability, genetic information, or family medical history.
The laws also contain anti-retaliation provisions to protect employees who stand up for their rights. For example, it is illegal for an employer to fire an employee because the employee exercised their right to take family medical leave.
What Are Common Employment Litigation Scenarios?
Employment litigation is a catch-all term that includes most legal disputes involving employers and their employees. While employment litigation can take many forms, some of the more common scenarios include:
Failure to hire, promote, or wrongful termination. This is an all-too-common problem where an individual believes a former employee or a competitor has received preferential treatment. Sometimes these cases revolve around an individual’s qualifications, with the unsuccessful applicant contending they were more qualified than the other candidate. An employer can also face this type of case if they decide to terminate an individual, only to replace them with a friend or relative.
Wage dispute. Thousands of cases are filed every year alleging employers have made mistakes in paying wages. These disputes often involve overtime pay violations, calculation errors, or a failure to pay all wages due.
Retaliation. In many jurisdictions, disciplinary action taken against an employee constitutes illegal retaliation. For example, if a supervisor suspends or fires an employee for making a complaint to a federal agency about labor violations, the employee may have a retaliation claim.
Discrimination. Employers must comply with numerous California employment laws that prohibit discrimination in hiring, promotion, and the terms and conditions of employment. These laws forbid treating some people better than others on account of certain protected categories such as race, sex, national origin, religion, or disability.
Protecting Your Business From a Whistleblower
While employees can provide a great service to employers, they can also be a tremendous liability. Sometimes an employee may become aware of misconduct committed by their employer. If the employee fails to report this information to a government agency, they are protected from retaliation by whistleblower laws. However, if an employer suspects a current or former employee may report them, they often take steps to prevent a whistleblowing situation from occurring. These measures can include:
Informing employees their pay stubs will be audited to ensure compliance with company policy
Requiring employees to sign non-disparagement agreements that prohibit them from revealing information about the company’s operations
Screening references before hiring a new employee
Keeping employees in the dark about important operational decisions until the last minute
Unfortunately, these measures can cause other problems for an employer. For example, requiring employees to sign non-disparagement agreements that prohibit them from revealing information about the company’s operations can keep other employees from bringing concerns to management. It can also create a false sense of security where the employer thinks they are prevented from any whistleblowing activity.
Sexual Harassment in the Workplace
Sexual harassment in the workplace is a serious issue. It can be emotionally traumatizing for the target, even if it never becomes physical or overt. Some of the most common examples of sexual harassment include:
Unwelcome touching
Making sexual comments about a person’s body or appearance
Sending text messages with sexual content
Any verbal or physical conduct that is sexual in nature and makes an employee feel uncomfortable
Employers should be aware that anti-discrimination laws prohibit this behavior. It does not matter if the harasser is a fellow employee, client, customer, or even a supervisor. Even if the alleged harassment never becomes physical, employers can still be liable for not taking steps to stop it.
Employees who experience sexual harassment in the workplace are protected by law. For example, they can take time off work, move to a new position, or even quit their job. In some cases, they can even take legal action against an employer if it is determined that the employer failed to prevent harassment from occurring. If you believe your business did set up safeguards and an employee was still sexually harassed, contact a Fresno employment lawyer immediately. Our firm will discuss legal options for the best interest of your employee who was harassed, as well as the overall organization.
Contact Fresno Employment Attorneys Today
In addition to being a violation of the law, harassment can have a negative impact on an employee’s work performance and productivity. In some extreme cases, an employee may suffer physical injuries or develop mental health problems. The stress of harassment can cause significant strain on your business and result in financial losses.
Employers who violate workplace violence laws can be subject to class action lawsuits. If you think your company faces a class-action lawsuit, it is vital to immediately contact an employment litigation attorney. You may be able to get ahead of the case and negotiate a settlement before any formal charges are filed. An experienced attorney can also help you craft policies that will protect your company against the threat of harassment and respond appropriately if an incident does occur. Contact the expert employment lawyers at Fishman, Larsen, and Callister to get started.