Employment law is one of those areas that can seem straightforward—until it’s not. Whether you’re an employer or an employee, workplace legal issues can quickly become overwhelming, turning what should be a productive work environment into a battlefield. From wrongful terminations to wage disputes, understanding your rights and responsibilities is vital to avoiding costly legal battles. Let’s break down some of the most common employment law issues and how to navigate them effectively.
Wrongful Termination
Few things are more frustrating than being fired unfairly. While California is an at-will employment state, meaning employers can terminate employees without cause, there are still legal protections in place. Employees cannot be fired due to discrimination, retaliation, or whistleblowing. According to Kingsley Szamet Employment Lawyers, retaliation claims make up the largest percentage of workplace discrimination complaints filed each year.
How to address it: If you suspect wrongful termination, document everything—emails, performance reviews, and conversations with your employer. Consult an employment attorney to evaluate your case and determine if you have grounds for legal action.
Workplace Discrimination
Discrimination based on race, gender, age, disability, religion, or other protected characteristics is not just unethical—it’s illegal. Yet, it remains one of the most reported workplace issues. In 2024, EEOC reported 81,000 discrimination cases. And that’s a 9% increase from the previous year. So the problem is growing bigger.
How to address it: If you’re facing discrimination, keep a record of incidents, report them to HR, and file a complaint with the Equal Employment Opportunity Commission (EEOC) if necessary. Employers should proactively conduct bias training and establish clear anti-discrimination policies to prevent these issues.
Harassment and Hostile Work Environments
Workplace harassment, including sexual harassment, can create a toxic work culture and severely impact employees’ well-being. The law protects workers from unwanted advances, offensive remarks, or any behavior that creates an intimidating workplace.
How to address it: Employees should report incidents to HR or a supervisor immediately. If internal reporting doesn’t lead to action, legal steps can be taken. Employers should foster a safe environment by enforcing strict anti-harassment policies and conducting regular training.
Wage and Hour Disputes
From unpaid overtime to misclassified employees, wage theft is a serious problem. Employees deserve fair compensation, yet many companies cut corners when it comes to paying their workforce correctly.
How to address it: Know your rights under the Fair Labor Standards Act (FLSA). If you suspect wage theft, gather pay stubs and time logs. You can file a claim with the Department of Labor or seek legal counsel to recover lost wages.
Retaliation for Whistleblowing
Employees who report illegal or unethical behavior—whether it’s safety violations, fraud, or harassment—are legally protected from retaliation. However, some employers still attempt to punish whistleblowers through demotions, wrongful terminations, or hostile treatment.
How to address it: Keep detailed records of your complaint and any retaliatory actions. If retaliation occurs, file a complaint with the Occupational Safety and Health Administration (OSHA) or the EEOC, depending on the nature of the issue.
Independent Contract Misclassification
Many businesses misclassify workers as independent contractors to avoid providing benefits, paying overtime, and covering payroll taxes. This is a major employment law violation and can have serious financial consequences for workers.
How to address it: If you believe you’ve been misclassified, review the IRS guidelines on independent contractor status. You may be able to file a complaint with the Department of Labor or take legal action to claim unpaid benefits and wages.
Family and Medical Leave Act (FMLA) Violations
The FMLA grants eligible employees up to 12 weeks of unpaid leave for qualified medical reasons or to care for a family member. Unfortunately, some employers unlawfully deny or discourage employees from taking FMLA leave.
How to address it: If your FMLA rights have been violated, document your request and your employer’s response. File a complaint with the U.S. Department of Labor if necessary.
Closing Remarks
Employment law issues can be daunting, but knowing your rights is the first step toward protecting yourself. Dealing with wrongful termination, discrimination, or wage disputes? Taking proactive steps—such as documenting incidents, reporting to the appropriate agencies, and seeking legal counsel—can make all the difference.
