Common Workplace Issues

Not every bad day at work means your rights are being violated. But far too often, workers endure illegal treatment without realizing it because they’ve been told it’s “just how things are” or don’t know what protections the law actually provides. 

At The Gould Firm, we focus on ensuring that employees understand the distinction between unfairness and unlawfulness. Attorney Evan Gould has dedicated his legal career to representing workers who’ve been mistreated, underpaid, harassed, or wrongfully terminated. His mission isn’t just about fighting cases, but it’s about empowering people and informing them of their rights in the workplace. 

Many of our clients come to us unsure whether what they’re experiencing is severe enough to warrant taking legal action. They’ve heard phrases like “hostile work environment” or “wrongful termination,” but don’t fully understand what those terms mean, or whether they apply in their case. 

We are here to help clarify that. Below, we’ll explain the most common workplace issues we see in our practice, including what may be legal versus what crosses the line. 

The Most Common Workplace Legal Issues We See 

While each case is unique, several categories of issues recur frequently in our office. These include: 

Wage and Hour Violations 

These occur when employees aren’t paid what they’re legally owed, resulting in issues such as unpaid overtime, missed or denied rest and meal breaks, or being paid late or at the incorrect rate. Often, workers don’t realize these violations are illegal or think they’re just part of the job. 

Discrimination Based on Race, Gender, Age, Disability, and Other Characteristics 

Discrimination occurs when an employer mistreats someone because of a protected characteristic. This can affect hiring, promotions, job assignments, pay, or termination, and it’s against the law. 

In California, these protected characteristics include:   

• Race or ethnicity 
• Gender or gender identity   
• Sexual orientation   
• Age (40 and over)   
• Disability   
• Religion   
• Pregnancy or parental status   
• National origin   
• Marital status 

Harassment That Creates a Hostile Work Environment 

Harassment becomes illegal when it is severe or pervasive enough to make the workplace intolerable for a reasonable person. It must be based on a protected characteristic, such as race or gender, not just general bad behavior. 

Retaliation and Wrongful Termination 

It’s illegal for an employer to fire or punish an employee for exercising their legal rights, such as filing a complaint, taking medical leave, or reporting unsafe working conditions. If you were let go after speaking up, it could be a wrongful termination. 

Misclassification of Employees 

Employers sometimes label workers as “independent contractors” or “exempt” employees to avoid paying overtime or benefits. If your employer controls how, when, and where you work, you may be misclassified and missing out on pay or protections. 

Whistleblower Retaliation 

When employees report illegal or unsafe conduct, such as fraud, OSHA violations, or harassment, they are protected under whistleblower laws. If you’re fired or punished for raising concerns that benefit the public, you may have a strong legal case. 

Violations of Family or Medical Leave Laws 

Laws like the FMLA and California’s bereavement leave protections allow workers to take time off for serious health or family reasons. Employers cannot deny this leave, interfere with it, or retaliate against you for taking it. 

Some of these violations are subtle. Some people feel like there are "gray areas." But if something at work doesn’t feel right, and it’s interfering with your ability to do your job, you deserve to understand your rights. Call us today at (619) 291-9858 and let's discuss what you're facing to understand if your rights are being violated. 

Subtle or Less Obvious Forms of Discrimination 

Not all discrimination is blatant. In fact, some of the most damaging forms of workplace discrimination happen in ways that are quiet, subtle, and often hard to prove without help. Some examples include: 

• A qualified older worker is consistently being passed over for promotions in favor of younger employees. 
• A woman returning from maternity leave finds her role diminished or changed without explanation. 
• A group of employees from the same ethnic background is being reassigned or micromanaged after a new manager takes over. 
• "Jokes" or passive-aggressive comments that reflect racial or gender-based bias. For example, if a manager repeatedly says things like, “You people always know how to keep things lively,” followed by, “I’m just joking, don’t be so sensitive.”   

These types of patterns can create an atmosphere that is both demeaning and legally actionable. 

At The Gould Firm, we take the time to listen to the whole story and look for those patterns, especially in cases where employees may not even realize they’re being discriminated against.   

Are Some Industries More Prone to Workplace Violations? 

Yes, and often it’s because workers in specific industries are less likely to understand their rights, or more vulnerable to employer abuse. Industries we often see affected include: 

• Hospitality and restaurants (wage theft, misclassification, harassment) 
• Retail and service jobs (overtime violations, unpaid breaks) 
• Healthcare (FMLA violations, whistleblower retaliation) 
• Construction and manual labor (misclassification, OSHA violations) 
• Warehouse and logistics (unsafe conditions, underpayment) 

Many workers in these sectors are told specific treatment is “normal” or “part of the job.” But normal doesn’t mean legal or okay. We are committed to supporting employees in these fields, who are often overlooked or hesitant to speak up. 

When Is a Firing Potentially Illegal? 

Not all firings are wrongful in the legal sense. However, when a termination follows an employee’s protected activity, it’s worth examining more closely. 

Examples of protected activity include: 

• Reporting sexual harassment or discrimination 
• Filing complaints about unsafe working conditions (protected under OSHA laws) 
• Speaking up about fraud or illegal business practices 
• Taking protected family or medical leave (FMLA, bereavement, etc.) 

Suppose you were fired shortly after reporting something that affects more than just you, such as sexual harassment, public health risks, or financial fraud. In that case, you may have a strong whistleblower retaliation claim. 

These cases are complex, which is why we work closely with clients to understand what was reported, how the employer responded, and whether applicable legal protections are in place. Often, people don’t realize their complaints benefited the public or involved serious legal obligations that can result in legal action if they were terminated. 

Harassment vs. Toxic Workplace: What's the Difference?   

Many people confuse a “toxic work environment” with illegal hostility and harassment, but the law draws a clear line. 

A toxic workplace might involve rude managers, cliques, favoritism, or unfair treatment. It might be frustrating, but it’s not necessarily unlawful. 

• Illegal harassment, on the other hand, must meet several conditions: 
• It targets an employee based on a protected characteristic (race, gender, disability, etc.). 
• It is severe or pervasive enough to create a hostile work environment. 
• A reasonable person would agree that the conduct made the workplace intolerable. 
• It impacts the employee’s ability to meet their job expectations. 

This distinction is crucial and often misunderstood. Evan Gould is passionate about clarifying these legal boundaries so clients know whether their situation has crossed the line and what they can do if it has. 

If you're unsure, start by reporting the issue internally, then consult our team. We’ll help you assess what’s happening and identify the applicable protections. 

Wage Violations Workers Often Overlook 

Wage and hour violations are among the most common and most frequently ignored workplace issues. Many employees don’t realize they’re being shortchanged. Here’s what to watch for: 

• Unpaid overtime (working more than 8 hours/day or 40 hours/week without proper pay). 
• Missed or denied rest and meal breaks (especially in California, where the law is strict). 
• Being told you’re “exempt” or a “contractor” when you’re actually an employee. 
• Late paychecks or inconsistent pay periods. 
• Failure to reimburse work-related expenses. 
• Not receiving final pay promptly after leaving a job. 

These practices can result in thousands of dollars in lost wages. W takes wage theft seriously and has helped many workers recover what they’re owed. 

Workplace Problems Aren’t Always Obvious. That’s Why We’re Here.   

These situations are more common than you think, and they’re often dismissed as just “part of the job.” But not everything familiar is legal. And not every workplace problem is immediately apparent. 

That’s why The Gould Firm is here to help you understand where your experience falls, and what you can do about it. 

For Evan Gould, this work is deeply personal. He has seen how harmful a toxic or unlawful workplace can be, not just financially, but also emotionally and mentally. He founded The Gould Firm to stand with workers who’ve been silenced, misled, or mistreated. And he takes the time to listen, explain your rights in plain terms, and guide you through your next steps with care and clarity. 

If you're facing a workplace issue, including harassment, retaliation, discrimination, unpaid wages, or anything that feels wrong, it’s worth talking to someone who knows what to look for. Contact us today for a free, confidential consultation.