Best Hiring & Firing Lawyers in Burlingame

About Hiring & Firing Law in Burlingame, United States

Hiring and firing laws in Burlingame, California, are governed by federal mandates, state law (primarily California state law), and some local ordinances. Located in San Mateo County and part of the greater Bay Area, Burlingame employers and employees are subject to some of the most employee-friendly labor laws in the country. These laws outline the rules for employment practices, outlining how employers can hire workers, the rights of employees, and the restrictions and obligations that come with terminating employment. Understanding these laws is essential for both business owners and workers to ensure compliance and fair treatment.

Why You May Need a Lawyer

Legal advice may be necessary in a variety of hiring and firing scenarios. Common situations include:

• Questions about wrongful termination, such as if you think you were fired for discriminatory reasons or retaliation
• Unclear or missing employment contracts or offer letters
• Disputes about final pay, commissions, or bonuses after termination
• Concerns about non-compete agreements or confidentiality clauses
• Harassment or discrimination issues during the hiring or firing process
• Requests for accommodation under the Americans with Disabilities Act or California law
• Issues related to layoffs, including required notice periods under the WARN Act
• Claims involving unemployment benefits disputes
• Understanding your rights during a company restructuring or merger
• Misclassification as a contractor or exempt employee

A lawyer can help interpret the law, ensure your rights are protected, negotiate on your behalf, and represent you in any necessary legal proceedings.

Local Laws Overview

Burlingame falls within California, giving both employers and employees a wide array of state protections. Key areas include:

• At-will employment: Most employment in California is "at-will," meaning either party can end the working relationship at any time for nearly any reason, except for illegal reasons, like discrimination or retaliation.
• Anti-discrimination protections: California law broadly forbids discrimination based on race, color, national origin, sex, disability, religion, age, gender identity, sexual orientation, and more.
• Wrongful termination: Local and state laws provide added protection against retaliation and unlawful termination, including protection for whistleblowers and those who take family or medical leave.
• Notice requirements: For larger layoffs, the California WARN Act requires employers to provide 60 days' notice to employees and government authorities.
• Wage and hour rules: Employers must comply with strict payroll requirements and must pay all wages and accrued vacation promptly upon termination.
• Background checks: California has specific rules regarding when and how an employer may conduct background checks during the hiring process.
• Burlingame and San Mateo County may have additional ordinances, such as minimum wage laws or local hiring preferences, so it is wise to check for city-specific rules.

Frequently Asked Questions

Is my employment really at-will, or do I have more protection in California?

Most jobs in Burlingame are at-will, but California provides significant exceptions. You cannot be fired for discriminatory reasons, in retaliation for protected activities, or in violation of an employment contract or public policy.

What are common illegal reasons for termination?

It is illegal to fire someone based on their race, color, religion, gender, age, national origin, disability, sexual orientation, gender identity, pregnancy, or in retaliation for making a complaint about harassment, discrimination, wage issues, or unsafe working conditions.

What paperwork should I receive when I'm hired?

California requires employers to provide new hires with specific notices about wages, workers' compensation, paid sick leave, and sometimes workplace rights, depending on company size and industry.

Do I need to give two weeks' notice before quitting?

California law does not require you to give any advance notice before quitting a job, though providing notice is a common professional courtesy.

What must my employer give me when I am fired?

Your employer must provide your final paycheck-including any earned but unused vacation-immediately upon termination. The check also should include payment for all hours worked up to your last day.

Can I be denied unemployment benefits if I am fired?

You may still qualify for unemployment benefits unless you were fired for "misconduct" as defined by California law. Simple mistakes or inability to perform a job typically do not disqualify you.

Are background checks allowed during hiring in Burlingame?

Employers can conduct background checks, but only after making a conditional offer of employment. They must comply with state and federal laws about disclosure, consent, and use of criminal history.

What should I do if I believe I was fired because of discrimination?

Document everything and consider contacting the California Department of Fair Employment and Housing (DFEH) or talking to an employment attorney to understand your options and deadlines for filing a complaint.

What is the minimum wage in Burlingame?

Check the current rate, as both California state law and Burlingame-specific ordinances may apply, and the amount can change annually. As of January 1, 2024, California's state minimum wage is 16 dollars per hour, but local ordinances may set a higher rate.

Can a non-compete agreement prevent me from taking a new job?

Under California law, most non-compete agreements are not enforceable. There are limited exceptions, usually related to the sale of a business.

Additional Resources

For more information about hiring and firing laws in Burlingame, the following organizations and agencies can be helpful:

• California Department of Fair Employment and Housing (DFEH): Handles discrimination, harassment, and retaliation complaints
• California Labor Commissioner (Division of Labor Standards Enforcement): Enforces wage and hour laws
• U.S. Equal Employment Opportunity Commission (EEOC): Handles federal discrimination claims
• San Mateo County Bar Association: Offers legal referral services
• Burlingame City Hall or Human Resources Department: May provide information about local ordinances
• Legal Aid Society of San Mateo County: Provides free or low-cost legal help on employment matters

Next Steps

If you believe you need assistance with a hiring or firing issue in Burlingame, you should:

• Gather all relevant documents, such as offer letters, pay stubs, termination letters, and any communications between you and your employer.
• Write down a timeline of key events while the details are fresh in your memory.
• Contact a qualified employment attorney, preferably one familiar with California law and local ordinances in Burlingame.
• Consider reaching out to a local Legal Aid office if you need free or low-cost legal assistance.
• File complaints with the appropriate agency if necessary, as some claims have strict filing deadlines.

Understanding your rights related to hiring and firing is important. If you are unsure about the law or how it applies to your situation, seeking legal advice is one of the best ways to protect your interests.