Friday, February 17, 2012

Ways to Avoid Legal Disputes in California

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Employment disputes in California are not peculiar due to the frequency of law violation by certain employers. In order to improve the condition of the employment sector in the State, employers need to respect the rights of the workers as well as to take note of their responsibilities with respect to employment laws.

Employers who do not want to experience or face legal troubles are advised to follow these steps:

1. Do not practice any discriminatory acts in the workplace – There are several laws that prohibit California employers from practicing any form of workplace discrimination acts. Under employment laws, discriminating an employee or applicant based on these reasons are prohibited:

•    Age
•    Disability (physical and mental)
•    Sex
•    Gender identity and expression
•    Race or color
•    National origin or ancestry
•    Religion and religious practices
•    Marital status
•    Pregnancy
•    Genetic information and family medical history
•    Credit reports history

In order to avoid dealing with employment discrimination complaints, it is necessary for employers not to discriminate against individuals based on the said factors.

2. Do not wrongfully terminate an employee – Cases of wrongful termination in California are unfortunately widespread. Employers who do not want to face legal charges concerning unlawful termination should abide by certain employment laws. Under employment statutes, a termination can be considered unlawful if it is based on grounds of employment discrimination, retaliation against a whistleblower or a person who refuses to perform an illegal act, or breach of contract.

3. Inform employees about their rights under employment laws – It is the inherent duty of employers to inform their workers about their employment rights. When employers efficiently inform employees about their rights, the likelihood of employment disputes becomes bleak.

4. Maintain a safe and hazard-free work environment – In compliance with the Occupational Safety and Health Act (OSHA), employers are legally required to provide their employees with safe work environment. The law aims to ensure the safety of workers in their workplaces while performing job duties. Employers who fail to maintain and keep a safe work environment may be held liable when a workplace accident takes place.

5. Consult with an employment law attorney – In order to avoid legal troubles, employers in California are advised to seek assistance from an expert employment law attorney. By consulting with a lawyer, employers can familiarize themselves with the do’s and don’ts when it comes to implementing labor policies.


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