Chula Vista

Located in San Diego County, Chula Vista is the seventh largest city in Southern California. As of 2020, its population was 275,487. Served by several interstates and highways, including the I-5 along the western side, the city’s major employers include Walmart, Scripps Mercy Hospital Chula Vista, Costco, Aquatica, Southwester College, Rohr Inc. and two school districts. The city has a thriving small business sector, and tourism provides another significant engine for the local economy. The seasoned Chula Vista employment lawyers of Calderone Law Firm can offer consultations about your legal options whether you’ve been subject to discrimination or wage theft or retaliation for whistleblowing.

Chula Vista is diverse. Employers are not allowed to discriminate against employees with diverse backgrounds when they belong to a class protected under the law. Federal and state antidiscrimination laws have some overlap, but generally, the California Fair Employment and Housing Act (FEHA) protects a broader range of classes including color, race, national origin, age over 40, ancestry, religion, gender identity, gender expression, sexual orientation, sex, marital status, military or veteran status, medical condition, disability, and genetic information. FEHA also prohibits discriminating against an employee for asking for leave because of a serious health condition or pregnancy disability. Employers who have at least 5 employees are subject to FEHA; however, sexual harassment is prohibited in workplaces of any size.

Not every negative decision by an employer counts as actionable discrimination. Rather discrimination occurs when an employer takes an adverse employment action due to the employee’s protected trait. These actions can include layoffs, termination, failure to hire, failure to promote, failure to provide equal opportunities like training, and disparate pay. For example, if an employer fails to promote you because you are Muslim, this would be actionable religious discrimination.

Employees are not expected to take illegal actions for their employer. Whistleblowers, employees that report their employers for fraud or legal violations, receive special protections against employer retaliation under the law. It’s important to talk to a lawyer who understands the kinds of protections you have to understand your legal options if you are planning to report your employer for misconduct or if you have already done so. Damages may be recovered in qui tam actions.

It’s important to know how you’re classified under the laws that protect workers in terms of pay. Generally, the most wage protection is afforded to non-exempt workers—often these are workers who are paid an hourly wage and have little control over how they do their work. Employers are expected to pay non-exempt employees minimum wage, overtime, and for meal and rest breaks. Certain workers are paid differently and may have other protections. For instance, in California, tips that are left for you are your property, not your employer’s. Your employer shouldn’t deduct sums for your wages because you were paid tips or credit some of the tips against your wages. Your employer cannot count your tips towards the minimum wage it has to pay you.

In some cases, these employees are subject to wage theft, but the amount their employer has withheld from them is relatively small. In those cases, it may be appropriate for a non-exempt employee to pursue a class action lawsuit with their coworkers. These are complex and challenging lawsuits in which a group with similar interests band together to go after a defendant that has mistreated them under the law to win a settlement or damages. For example, if you are a restaurant server, it could be appropriate to sue an employer if you and your fellow servers have not been paid overtime or given your meal and rest breaks.

If you and your employer disagree about issues involving whistleblowing, overtime, minimum wage, or discrimination, it’s imperative to talk to the trustworthy Chula Vista lawyers of Calderone Law Firm about your legal options. Our years of experience allow us to effectively represent our clients in controversies with their employerss. Fill out our online form or call us at (424) 348-8290 for a free initial consultation.