Best Hiring & Firing Lawyers in Calabasas

About Hiring & Firing Law in Calabasas, United States

Hiring and firing laws in Calabasas, United States, are governed by a combination of federal, state, and local regulations. These laws are designed to ensure fair treatment for employees and to create a standardized procedure for employers. They cover a wide range of topics, including discrimination, wrongful termination, worker classification, and employee rights. Understanding and complying with these laws is crucial for both employers and employees to maintain a lawful and harmonious work environment.

Why You May Need a Lawyer

People may require legal assistance in hiring and firing for various reasons, including:

• Discrimination Claims: If you believe you were hired or fired based on race, gender, age, disability, or other protected characteristics.
• Wrongful Termination: If you think you were fired without proper cause or in violation of your employment contract.
• Employment Contracts: To draft, review, or dispute terms of an employment contract or non-compete agreement.
• Harassment and Hostile Work Environment: When facing issues related to workplace harassment or a hostile work environment.
• Wage and Hour Disputes: If you have concerns regarding unpaid wages, overtime, or other compensation-related issues.
• Compliance Issues: For employers to ensure compliance with all applicable hiring and firing laws to avoid litigation.

Local Laws Overview

Calabasas follows both California state laws and federal laws regarding hiring and firing practices. Key aspects include:

• At-Will Employment: Most employment in California is "at-will," meaning that employers can terminate an employee at any time without cause, as long as it does not violate other laws or agreements.
• California Fair Employment and Housing Act (FEHA): This act prohibits employment discrimination, harassment, and retaliation based on protected characteristics.
• California Labor Code: Covers wage and hour laws, including minimum wage, overtime pay, and meal breaks.
• Wrongful Termination Laws: Protect employees from being fired for reasons that violate public policy, such as refusing to engage in illegal activities.
• Family and Medical Leave: Compliance with both the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) for eligible employees.

Frequently Asked Questions

What is at-will employment?

At-will employment means that either the employer or employee can terminate the employment relationship at any time, with or without cause, as long as it does not violate any laws or contracts.

Can an employer in Calabasas fire an employee for no reason?

Yes, as long as the termination does not violate federal or state laws, such as anti-discrimination laws, or breach any employment agreements.

Are there any protections against wrongful termination in Calabasas?

Yes, employees are protected against wrongful termination if the termination violates public policy, anti-discrimination laws, or contractual agreements.

What are the common grounds for wrongful termination claims?

Common grounds include discrimination, retaliation for whistleblowing, refusing to perform illegal acts, and violation of employment contracts.

What steps should I take if I believe I’m being discriminated against at work?

Document the incidents, report the behavior to HR or a supervisor, and consult a lawyer to understand your rights and potential legal actions.

How does the California Family Rights Act (CFRA) benefit employees?

The CFRA allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons, ensuring they can return to their job or an equivalent one.

What should an employment contract include?

An employment contract should include details on job responsibilities, salary, benefits, work hours, termination conditions, and any confidentiality or non-compete agreements.

What recourse do I have if I am not paid my due wages?

Speak to your employer first. If unresolved, you can file a wage claim with the California Division of Labor Standards Enforcement (DLSE) or consult a lawyer for further action.

What is the difference between exempt and non-exempt employees?

Exempt employees are not entitled to overtime pay and are typically salaried, while non-exempt employees are entitled to overtime pay and are usually hourly workers.

How can I ensure my business complies with hiring and firing laws?

Regularly consult with a legal professional, stay updated on relevant laws, maintain thorough documentation, and implement clear HR policies and training programs.

Additional Resources

If you need further assistance, the following resources may be helpful:

• California Division of Labor Standards Enforcement (DLSE)
• U.S. Equal Employment Opportunity Commission (EEOC)
• California Department of Fair Employment and Housing (DFEH)
• Local Bar Associations for lawyer referrals
• Employment law centers and legal aid organizations

Next Steps

If you need legal assistance in matters of hiring and firing, consider the following steps:

• Identify the issue and gather relevant documents and information.
• Consult with an employment law attorney to understand your rights and options.
• File any necessary complaints or claims with relevant authorities.
• Follow through with legal proceedings or HR processes as advised by your lawyer.

Taking prompt and informed action can help protect your rights and ensure compliance with applicable laws.