Unfortunately, California law does not prohibit rude, obnoxious or unprofessional behavior at work, unless the behavior is so extreme as to be beyond the pale.

However, it is illegal for an employee to be harassed by supervisors, co-employees or customers or other third parties because of their “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation”, or in retaliation for blowing the whistle on illegal or improper conduct.

California is an at-will employment state. Unless you and your employer have a signed employment contract, your employer has an employee policy handbook or your union has rules or a collective bargaining agreement that state otherwise, an employer can fire any employee at any time for almost any reason, without notice.

However, there are important exceptions: it is illegal for an employee to be terminated or forced to resign based on their “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation”, or in retaliation for blowing the whistle on illegal or improper conduct.

If you have been terminated, you are entitled to receive your final wages upon termination or on your last day of work. If you resign, you are entitled to receive your final paycheck within 72 hours after your last day of work. You are also entitled to receive any unpaid vacation but not sick leave) pay within 72 hours after your last day of work.

California does not require employers to give severance pay. Unless you and your employer have a signed employment contract, your employer has an employee policy handbook or your union has rules or a collective bargaining agreement that state otherwise, you are not entitled to severance pay.

California is an at-will employment state. Unless you and your employer have a signed employment contract, your employer has an employee policy handbook or your union has rules that state otherwise, an employer can fire any employee at any time for almost any reason, without notice.

Unless you and your employer have a signed employment contract, your employer has an employee policy handbook or your union has rules or a collective bargaining agreement that state otherwise, the terms and conditions of your employment can be changed at any time for any reason. Different rules may apply if you are a government employee.

Generally speaking, you are legally entitled to one 10-minute paid break for every four hours worked, together with a half-hour paid or unpaid meal break if you work more than five hours per day (and a second half-hour paid or unpaid meal break if you work more than ten hours per day).

Unless you and your employer have a signed employment contract, your employer has an employee policy handbook or your union has rules or a collective bargaining agreement that state otherwise, you can be employed as a temporary employee at reduced benefits levels indefinitely. Different rules may apply if you are a government employee.

Do not do anything until you have consulted an attorney. California law requires that you first give your employer a chance to resolve the problem. Your attorney will probably assist you in submitting a written grievance to the appropriate supervisor or HR person at your workplace.

If your employer does not resolve the problem, then your attorney will likely assist you in submitting a complaint to the California Department of Fair Employment and Housing (and/or possibly the Equal Employment Opportunity Commission).

Certain time limits apply. For example, you are generally required to file a complaint with the California Department of Fair Employment and Housing within one year of the last incident.

Your attorney will help you explore your various legal options, including directly negotiating settlement, bringing a lawsuit, initiating arbitration or mediation, etc.

If you have read this far, then you are already well on your way. Once you feel comfortable with the issues, give us a call and we’ll see if we can help. Initial consultations are free and confidential. Even if we can’t help you, we may be able to suggest someone who can.