Common California Employment Law Myths
Employment laws are always very complicated and thanks to this complication, many time people understand the rules or laws in a wrongful way. As a result of that misunderstanding people also come up with various myths related to employment law. In this article here you can find some common California employment law myths along with facts so you can correct your assumptions if you also believe in those myths.
Workplace bullying is illegal harassment
Bullying at the workplace is never an acceptable situation in any condition, but according to California Law, this is not a form of illegal harassment. In most of the cases, the harassment word is directly related to hostile work environment and sexual harassment situation.
But if an employee gets the bullying or unequal treatment because of age, religion, race, sex, physical condition, ethnicity or similar factors. Hence, if an employer or any other employee harass anyone on the basis of any discrimination, then that would be illegal for sure.
Employer needs a reason to fire an employee
California is a state that follows “at Will” rule. That means if an employer wants to fire an employee without having any reason, then he can do that without any issue. However, this rule is not applicable if for government workers. Also, if there is any specific contract between employer and employee for a time frame, then the employer need to abide that contract time period before firing an employee.
But it can be illegal to fire an efficient employee on the basis of any racial discrimination. Also, if an employee is a whistle-blower in any case, then the employer cannot fire that employee in a legal manner.
Employees are entitled to get paid maternity leaves
This is another myth that employees get paid maternity leaves in California. Parents are allowed to have 12 weeks of unpaid leave after the pregnancy, and if there are any complications, then mother can get extra four months of medical leave for recovery. But in any situation leaves will remain unpaid. In fact, any employee in California is not entitled to paid sick leaves or paid vacation and if an employer gives these benefits, then it’s their offering, not legal necessity.
You need a written contact for employee rights
In Californian, many people work in the private sector, and they do it without any contract, but this does not mean they do not have any right. Labor laws in California make sure if an employee is working for any organization, then that employee should get the deserving work environment regardless his or her contract availability.
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