FAQs From Clients Like You
If you’re not familiar with legal terms or how employment law works, it can be hard to know when a workplace situation crosses the line. You're not alone, and it's normal to have a lot of questions. That’s why we’ve put together this FAQ page: to help you recognize when your rights may have been violated and what you can do about it. Read through these answers, then reach out if you'd like to discuss your situation in a free, confidential consultation.
How do I know if what happened to me at work is against the law?
Many employees aren’t sure where unfairness ends and illegal behavior begins. Something may feel wrong (like unpaid overtime, harassment, or a demotion after reporting unsafe practices) and yet might actually be unlawful. At The Gould Firm, we help you understand your situation without needing to know all the legal details yourself. Often, a single incident leads to the discovery of multiple, valid legal claims.
What if I didn’t report anything to HR? Do I still have a case?
Yes. You’re not required to report an issue internally to have a case. Many people don’t speak up because they feel unsafe or fear retaliation. However, keep in mind that some damages can be limited if the company policy, such as an employee handbook, requires internal reporting. This can affect the deadline for filing. It’s important to discuss your timeline with us as soon as possible.
Is there a time limit to file a claim?
Yes, and missing it could mean forfeiting your right to pursue justice. Statutes of limitations vary depending on the type of claim. Discrimination may require filing with a government agency (like the EEOC) within six months to a year. Wrongful termination or retaliation claims typically have a two-year statute of limitations. Timelines can overlap and be complicated, so it’s best to contact us as soon as possible for clarity. We can then explain your deadlines and file a claim before time runs out.
Which characteristics are protected by law?
Under federal and California law, it’s illegal to discriminate against based on:
- Race
- Gender, including gender identity and pregnancy
- Sexual orientation
- Age (40+)
- Disability
- Religion
- National origin
- Marital or familial status
California often provides broader protections than federal law, so your situation may be covered even if federal protections don’t apply.
What does it mean to be “misclassified”?
If your employer classifies you as “exempt” (e.g., salaried) when you don’t meet the legal conditions, or as an “independent contractor” when you function like an employee, you may be missing out on overtime pay, wage protections, and other worker rights. Misclassification is a common violation, and we can help evaluate if it applies to your situation.
I was treated differently after returning from medical leave. Is that legal?
No. If you’re mistreated, such as being demoted or having responsibilities taken away after taking medical leave, it may be retaliation or interference. Laws like FMLA and California’s CFRA protect you against that. You don’t have to fight it alone; reach out to The Gould Firm today.
What is a hostile work environment?
A hostile work environment exists when an employer allows unwelcome conduct, based on protected characteristics, to be severe or pervasive enough to impact your ability to do your job. This can include inappropriate comments, jokes, or exclusion that a reasonable person would find intolerable. It may be hostile or unfair. Call us today.
What should I do if my employer denies my request for accommodation?
If you have a medical condition or disability and your employer denies your request for accommodation, such as modified duties or a flexible schedule, they may be violating the ADA and California law. You may be entitled to accommodations, back pay, and damages. We can help assess your situation and advocate for your rights.
What is considered “protected activity” under whistleblower laws?
Protected activity includes reporting illegal or unsafe practices such as wage violations, safety hazards, fraud, or discrimination, or cooperating with a government investigation. If you’re punished for speaking up, you may have a retaliation claim under whistleblower protections.
What qualifies as a disability under federal and California law?
A disability can be physical, mental, or emotional, and may include illnesses like cancer, diabetes, PTSD, or anxiety. Both federal (ADA) and California law offer protections for qualified individuals with disabilities, particularly in regard to reasonable accommodations and protection from discrimination.
Still Have Questions?
Employment law is complex, but taking action doesn’t have to be. If something about your job feels unfair, confusing, or unsettling, don’t wait to talk to someone who listens, explains clearly, and guides you with genuine care. Call The Gould Firm today at (619) 291-9858 for a free, confidential consultation. Your situation matters. Your rights matter. Let’s explore your options together.