Tips for Employees
Employees and job applicants are often confused regarding their rights. It is important to remember that while you have a responsibility to interact fairly and honestly with your employer, they will often put their own interests ahead of preserving your rights. If you think your rights are being violated or you are about to be terminated, you may find the tips below helpful:
Do not take any retaliatory or destructive actions against your employer (such as deleting or removing documents or items from the workplace that do not belong to you). Do not access any documents or information that you are not authorized to access. These actions could be considered grounds for a lawful termination and doing so may affect the value of your claims.
Be sure to consult with an attorney before resigning from your position. Your resignation may hurt your claims, and you may be denied unemployment benefits you otherwise could have received. If you have been told that you will be terminated if you do not resign, you still may be entitled to unemployment compensation if you resign. Consult with a California employment law attorney about your options.
Remain polite and respectful in communications with your employer and co-workers. Do not do or say anything that would put you in a bad light if presented to a judge or jury. Many cases become he-said/she-said disputes about what was communicated in closed door meetings, so we highly recommend you keep a written record of what was said to preserve your claims.
If you believe your rights have been violated, there are statutes of limitation that limit the period of time in which you may bring a claim. It is important to also remember that evidence, witnesses, and documents may be more difficult to preserve if you do not act quickly to preserve your rights.
In California, employers must provide employees with a copy of their personnel records within 30 days of a written request. Consult with an attorney to determine when would be the best time to request your personnel records.
Remember that many valuable, capable employees are mistreated and/or terminated for illegal and unfair reasons. Your employer's decision to terminate you may have nothing to do with your work product, worth or abilities.
The above is not meant to be detailed legal advice or to take the place of consulting with an employment attorney. For more information about your case and how it should be handled, contact Bowen Law Firm.