The Tech Industry is Not Exempt from California Employment Law
Fired from a Tech Company? Know Your Rights
Wrongful termination in Startups
Startups are often outpaced by their own ambition and enthusiasm in the high-stakes tech industry. As these companies are under extreme pressure to accelerate growth while working within tight funding parameters in order to attract more investment and maintain investor confidence, labor laws can sometimes get overlooked. Quick decisions on the part of company leadership can leave employees in the cold as the company heats up.
Wrongful termination happens when:
- An employee is fired for reporting discrimination or harassment that he or she experienced while on the job.
- A worker is fired as part of a restructuring campaign within the organization as a means for avoiding promised bonuses or other forms of compensation.
- An employee raises concerns about overtime that remains unpaid or wants to know why he or she is being misclassified as an independent contractor when, in reality, that worker is an employee entitled to certain protections under the law.
Layoffs During Funding Rounds
Layoffs happen and while it’s no fault of the employee who is experiencing this difficult challenge in his or her career, employers in the tech industry will often hide behind this label as a way to illegally terminate employees.
For instance, an employee who is laid off while he or she is taking their legally given parental leave, recovering from a medical condition or surgery, or after submitting a complaint about wrongdoing at the company, that lay-off may not be in compliance with state labor laws.
The WARN Act
The Worker Adjustment and Retraining Notification Act mandates that employers with 100 or more full-time employees must give advance notices of mass layoffs that impact 50 or more employees at a single site. Failing to comply with this mandate can leave the offending employer open to legal risk and damages owed to employees who were affected by the termination.
Reductions in Force (RIF) Policies and Compliance with Labor Laws
Business justification for laying off employees under legal purposes can be due to a reduction in revenue or profits, a reorganization of the company structure, a merger or acquisition, or elimination of redundant positions that are no longer necessary.
But while these reasons are legitimate, the selection process for laying off employees must be determined through neutral business-related criteria related to factors such as job performance, seniority, and skill set, to name a few.
That criteria cannot be related to protected attributes such as race, gender, or disability, and any employee who has been terminated from his or her position of employment as part of a reduction in force for these reasons may have grounds to file a lawsuit against an employer.
Facing termination due to discrimination instead of the legitimate reasons under an RIF is illegal and just because the company claims the latter when the former is the reality does not automatically make it so.
Retaliation for Whistleblowing in Tech
Tech companies can’t survive without innovation and thinking outside the box. But those new ideas can sometimes come with complicated legal and ethical issues related to cybersecurity, data privacy, financial transparency, and employee safety. If an employee reaches out to a regulatory organization or enforcement agency to report illegal or unethical practices on the part of his or her employer, that activity is protected under California whistleblower laws.
Under the law, you cannot be fired for reporting unsafe working conditions, financial mismanagement, fraud, or refusing to participate in activities that are illegal or go against public policy. If you have been terminated as a result of exercising your rights as a whistleblower, you may have a case against your employer.
Don't Go it Alone - Hire the Right Employment Attorney
An employee should have a skilled employment law attorney protecting them, you should too. Call the Law Office of Fahim Rahman to find out if you have a case and defend your rights in a court of law.
Don’t take on your employer alone, the labor codes can be extremely complicated and making even one mistake can cost you the compensation to which you are entitled, it may even cost you the case entirely. You only get one chance at justice, call the employment law attorney who has the skills, expertise, and experience to win your case.
The Law Office of Fahim Rahman can determine if your termination was legal and, if not, help you pursue lost wages, back pay, benefits, and any other compensation that you deserve.