Most people try to be conscientious employees. They show up for work on time, work full days, and do the job they were hired to do. But sometimes companies will terminate employees. Carter Law Firm, a top Newport Beach employment law firm, wants to keep people informed so that they have a solid understanding of their rights as an employee.
Check Your Personnel File
At any given time, people have a right to see what the company has put in their personal employment file. This right applies to former employees as well under California Labor Code section 1198.5. Employees can request to photocopy any document that has their signature on it.
The concept of “use it or lose it” vacation time is illegal. Employees do not have to forfeit accrued vacation time when they quit or are terminated. Employers are required to compensate employees for any unused vacation under California Labor Code section 227.3
Avoiding Unsafe Work
Employers cannot fire an employee for refusing to do a job that may be hazardous or unsafe. Employees are protected under California Labor Code section 6311. Employees must discuss the conditions with their supervisors and point out the potentially unsafe conditions. If a company does not fix or improve the situation, an employee may need to take further steps.
Training and Preparation Time
An employer must pay a worker anytime they undergo training or perform preparation specific to the workplace. This could be something as simple as suiting up in a company-mandated uniform. This time is often compensable.
Final Wages Must Be Paid
According to California Labor Code section 201, an employer must compensate an employee with final wages within 72 hours of termination. An employee is also entitled to prompt final payment if that person quits and gives at least 72 hours notice (California Labor Code section 202). If an employer does not pay, that company may be subjected to fines.
The attorneys at Carter Law Firm understand all aspects of employment law from wage and hour violations and sexual harassment claims to wrongful or discriminatory termination. If you think you’ve been the victim of wrongful termination, or you believe you are entitled to unpaid wages, please fill out the Carter Law Firm contact page.