Employment Law FAQs

An employment lawyer helps you understand your rights at work and takes action when those rights are violated. You should reach out as soon as possible in situations such as:

Many employment claims have strict deadlines. Waiting too long can limit or eliminate your options. If something at work does not feel right, it is worth having a conversation.

California law prohibits discrimination and harassment based on protected characteristics including race, gender identity, national origin, disability, age, marital status, and sexual orientation.

Workplace harassment can be verbal, physical, or visual. It does not require you to file a formal complaint before you have legal standing. Discrimination is often less obvious. It usually appears in the form of disciplinary write ups, accusations of underperformance, which can affect hiring decisions, promotions, compensation, performance reviews, or terminations.

For executives and senior-level employees, patterns matter. Being passed over, excluded, or treated differently after an employee engages in protected activity may indicate an employment violation.

California provides strong protections for whistleblowers. Under state law, employees are protected when they report what they reasonably believe is illegal activity to a government agency, law enforcement, or internally to someone with authority to investigate.

If you work in tech, finance, or healthcare and report concerns regarding compliance, billing practices, data privacy, or workplace safety, you may be protected under applicable law.

Wage and hour issues are not limited to hourly workers. Common issues for salaried and senior employees include:

If compensation does not match what was agreed upon or payments are withheld, you may have a claim.

Employers are required to provide reasonable accommodations for employees with disabilities unless it creates a undue burden on the business.

Examples of reasonable accommodations include adjusted schedules, remote work, modified duties, or medical leave. Employers must also engage in timely, good faith interactive discussions to find a workable solution.

If your request was ignored, denied without explanation, or used against you, your rights may have been violated.

Yes, in certain situations. Class actions are common when a company applies the same unlawful policy to a group of employees.

This often happens in wage and hour cases, such as misclassification or failure to provide required breaks. Whether a class action applies depends on how widespread the issue is and how similar the impact is across employees.

California is an at-will employment state. Employers can terminate employment at any time for any reason or no reason at all; what a California employer cannot do is terminate an employee for an illegal reason. Wrongful termination happens when a decision to terminate is based on a protected characteristic such as race, gender, age, disability, religion, sexual orientation, or pregnancy. It also includes retaliation for reporting misconduct or violations of an employment agreement.

For professionals, wrongful termination often shows up in more subtle ways, such as being pushed out after raising the alarm for what they believe are violations of the law, replaced after taking medical leave, or removed following internal complaint procedures. If your termination connects to something you reported or a protected status, it should be reviewed.

Retaliation occurs when an employee reports what they believe are legitimate concerns about compliance, billing practices, data privacy, unlawful discrimination, or workplace safety and is then subjected to an adverse employment action. This may include termination, demotion, reduced pay, negative performance evaluations, or other changes in the terms and conditions of employment

Timing is often a key factor, particularly when an adverse employment action follows closely after a report or complaint is made, as this may suggest a connection between the two. Employees in regulated industries such as tech, finance, and healthcare are often expected to identify and report issues as part of their role. If your working conditions, responsibilities, or treatment change after raising a concern, the situation may warrant further evaluation.

Do not sign a severance agreement before having it reviewed. These agreements usually require you to give up your right to bring legal claims in exchange for compensation.

Key questions include:

For executives and employees, severance packages often involve equity, bonuses, and deferred compensation.

If you are over 40, federal law gives you at least 21 days to review the agreement and 7 days to revoke after signing. Even with that window, early review is important.

Employers can deny leave if you do not meet eligibility requirements, but they cannot deny it for improper reasons or retaliate against you for using it.

If your employer denied leave, reduced your compensation after your return, eliminated your role, or changed your working conditions, those actions may violate the law.

California’s CFRA protections are broader than federal law including who qualifies and which family members are covered.

A breach of contract occurs when an employer does not follow the terms of an agreement with you, which includes your employment contract, offer letter, or consistent practices that create expectations.

For professionals, this often involves:

If your employer did not honor the agreed terms, your case should be reviewed carefully.

The first step is a consultation. Vincent Tong works directly with clients, so you will speak with an experienced attorney from the start.

TONG LAW serves California-based employees throughout Oakland, the San Francisco Bay Area, Sacramento.

Call (855) 866-4529 or visit tong-law.com to schedule your consultation.