There are a lot of myths and misconceptions when it comes to California employment law. Every California employee needs to understand employment laws to know how to protect themselves and ensure that employers are not violating their rights. With this in mind, our California employment law attorneys shed light on common myths and misconceptions about your rights as a California employee.
Here are some truths about common myths:
Myth 1: You can be fired for any reason
Truth: California is an at-will state, which means that an employer can terminate an employee for any reason - as long as it's not illegal. There are exceptions to the at-will employment law rule. For example, you cannot be fired for discriminatory reasons or exercising your legal rights (such as taking maternity leave).
Myth 2: You don't have rights if you're an independent contractor
Truth: California law provides certain protections for workers classified as independent contractors. For example, you have the right to be paid for all your work, and you cannot be fired without cause.
Myth 3: Your employer can't make you work more than 8 hours a day or 40 hours a week
Truth: California law does not set a maximum number of hours an employee can work in a day or week. However, California requires that employees be paid overtime if they work more than 8 hours a day or 40 hours a week.
Myth 4: Your employer doesn't have to give you a reason to fire you
Truth: An employer is not required to give you a reason for firing you if you are an at-will employee. However, if you have an employment contract that stipulates a specific term of employment, you can only be terminated for cause (such as not meeting the job requirements).
Myth 5: Your employer has to give you a break after working for 4 hours
Truth: California law requires that employers provide employees with a 30-minute meal break after working 5 hours but does not require employers to provide employees with rest breaks.
Myth 6: You have to be a California resident to sue your employer for wrongful termination
Truth: You do not have to be a California resident to sue your employer for wrongful termination. However, you must have been employed in California to bring a claim.
Myth 7: You can't be fired if you're pregnant
Truth: California law prohibits employers from firing employees because they are pregnant. However, an employer can terminate a pregnant employee for other reasons - such as poor job performance.
Hopefully, this article has helped provide clarity on some common myths about California employment law. If you have any further questions, we encourage you to contact our experienced California employment law attorneys today at (888) 796-4010.
