Employee Discrimination

Workplace discrimination happens when an employee is discriminated or treated poorly for any reason at all, whether it be his employment status, physical attributes, beliefs or the company he keeps.

In California, workplace discrimination is abhorred and any employee and/or employer guilty of workplace discrimination is punished in accordance with law and penalized with monetary compensation in favor of the victim.

“At Will” Employment

In California, there is a legal concept in employment known as “at will” employment.  This happens when an employee is hired by the employer without the benefit of a contract. If you are an “at will” employee, then you can be terminated by your employer for any reason whatsoever or for no reason at all. The only prohibition is if you are terminated in violation of public policy.

Violation of Public Policy in “At Will” Employment

Even if the law provides that both parties can terminated the employment at will, the law draws the line in public policy violations. Hence, if your employer is proven to have terminated you because of discriminatory act like age discrimination, racial discrimination, gender discrimination, disability discrimination, religious discrimination, pregnancy discrimination, national origin discrimination and workers compensation discrimination, among others, then your employer is guilty and liable for damages despite the fact that you are an “at will” employee.

Damages You are Entitled as Victim of Employment Discrimination

Under California laws, in case you are made victim of any form of discrimination at work, you have a right to seek damages against your employer, which is not limited to the following:

  1. Unpaid wages;
  2. Unpaid overtime another bonuses;
  3. Monetary value of unused vacation hours that were not paid upon termination of the employment relationship;
  4. Monetary value of meal and/or rest period;
  5. Liquidated damages;
  6. Moral and exemplary damages; and
  7. Punitive damages.

The foregoing considered, you should keep in mind that as an “at will” employee, you have a right to remain in the workplace in case your employer tries to discriminate against you.


Seek Legal Help from Employment Attorney Services

As an employee, you should know that you are at a disadvantage when dealing with your employer. This is especially true if you are only n “at will” employee. Hence, to make sure that you get the best employment discrimination damages against your erring employer, seek help only from the best employment lawyers like Top Labor Lawyers who have decades of experience in providing the best employment and labor law services in California.

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