Discrimination at work doesn’t always look like the obvious, overt acts you might imagine. It rarely arrives with an explicit statement of bias. Instead, it often surfaces in patterns — a promotion that goes to someone less qualified, a standard applied unevenly, a comment written off as a joke, or a hostile environment that makes every workday feel like a test of endurance. California’s employment discrimination laws are broad, powerful, and designed to address all of these forms of unlawful treatment.

Who Is Protected Under California Law?

California’s Fair Employment and Housing Act (FEHA) is one of the most comprehensive anti-discrimination statutes in the United States. It protects employees from discrimination based on:

• Race and color
• National origin and ancestry
• Sex and gender (including gender identity and gender expression)
• Sexual orientation
• Age (40 and over)
• Disability — physical and mental
• Medical condition (including cancer and genetic characteristics)
• Religion and religious creed
• Pregnancy, childbirth, and related conditions
• Marital status
• Military and veteran status

These protections apply to all aspects of the employment relationship — hiring, pay, assignments, promotions, training, discipline, and termination.

What Discrimination Looks Like in Practice

Discrimination is rarely announced. It shows up in ways that can be difficult to name but are recognizable to those who experience them:

• Disparate treatment — being treated differently than similarly situated employees outside your protected class.
• Discriminatory hiring or promotion decisions — being passed over for positions you are clearly qualified for.
• Pay inequity — receiving lower compensation than colleagues doing substantially the same work.
• Hostile work environment — harassment, derogatory comments, or offensive conduct that is severe or pervasive enough to alter the terms and conditions of employment.
• Failure to accommodate — refusal to provide a reasonable accommodation for a disability or religious practice.
• Discriminatory application of policies — neutral-seeming policies applied in ways that disproportionately burden members of a protected class.

Harassment as a Form of Discrimination

California law treats severe or pervasive workplace harassment as a form of unlawful discrimination. This includes:

• Sexual harassment — unwanted sexual advances, requests for sexual favors, or a work environment permeated with sexual conduct.
• Racial or ethnic harassment — slurs, demeaning comments, or racially charged communications.
• Disability harassment — mockery, derogatory comments, or exclusion based on a physical or mental condition.
• Religious harassment — targeting, mockery, or coercion related to religious beliefs or practices.

Employers are legally responsible for harassment by supervisors and may be liable for harassment by coworkers or third parties when they knew or should have known about it and failed to act.

Disability Discrimination and the Duty to Accommodate

Under FEHA, employers with five or more employees must:

• Provide reasonable accommodations for known physical or mental disabilities, unless doing so causes undue hardship.
• Engage in a good faith interactive process with the employee to identify possible accommodations.
• Refrain from discriminating against employees based on their disability or the employer’s perception of disability.

If you requested an accommodation and were denied, disciplined, or terminated in connection with that request, you may have a strong discrimination claim.

Age Discrimination in California

Age discrimination affects workers 40 and older and is among the most common — and most quietly tolerated — forms of workplace discrimination. It often disguises itself as “restructuring,” “performance improvement,” or concerns about an employee’s ability to “adapt” to a changing workplace. If you are an experienced worker who has been pushed out in favor of younger employees, the circumstances deserve a close look.

The Filing Deadline: Do Not Wait

For California discrimination claims under FEHA, you must file a complaint with the California Civil Rights Department within three years of the discriminatory act. For federal claims, the deadline is 300 days from the discriminatory act to file with the EEOC. These deadlines are not flexible — missing them typically means losing your right to pursue a claim entirely.

Glasner Law P.C.: Protecting Northern California Workers

Discrimination claims require careful investigation, strategic presentation, and an attorney who understands both the law and the human stakes involved. Lawrence Glasner brings over 30 years of employment litigation experience to workers across Redding, Shasta County, and Northern California. He will listen to your story, give you an honest assessment of your rights, and help you decide on the best course of action.

Schedule Your Free Consultation  |  (530) 688-8154  |  glasnermediation.comAttorney Advertising. Prior results do not guarantee a similar outcome. The information in this article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship

California has some of the most employee-protective wage and hour laws in the country. And yet wage theft — the practice of employers failing to pay workers everything they are legally owed — remains one of the most widespread labor violations in the state. Many employees don’t realize they’re being underpaid. Others suspect it but don’t know what to do.

What Is Wage Theft?

Wage theft is any situation in which an employer fails to pay an employee the full wages they have legally earned. Common forms of wage theft in California include:

• Unpaid overtime — failing to pay the overtime premium for hours over 8 per day or 40 per week.
• Minimum wage violations — paying less than California’s current minimum wage.
• Off-the-clock work — requiring employees to work before clocking in, after clocking out, or during unpaid meal breaks.
• Meal and rest break violations — failing to provide legally required breaks or not paying the required premium when breaks are missed.
• Tip theft — managers or owners taking tips that belong to employees.
• Expense reimbursement failures — not reimbursing employees for necessary work-related expenses.
• Misclassification as exempt — wrongly classifying employees as salaried-exempt to avoid paying overtime.
• Independent contractor misclassification — treating employees as contractors to avoid wage law obligations.

California Overtime Law: How It Works

California’s overtime law is stricter than federal law. Under California law:

• 1.5x your regular rate of pay is owed for all hours over 8 in a single workday and for the first 8 hours on the seventh consecutive day of work.
• 2x your regular rate of pay is owed for all hours over 12 in a single workday and all hours over 8 on the seventh consecutive day.
• Weekly overtime kicks in at 40 hours per week as well.

This means a California employee who regularly works 10-hour days and is only paid straight time is being underpaid for 2 hours of premium pay every single workday.

Exempt vs. Non-Exempt: A Critical Distinction

Simply giving an employee a salary and a title like “manager” or “supervisor” does not automatically make them exempt. California’s exemptions have strict requirements employers frequently misapply. If you spend the majority of your time doing the same work as the employees you nominally supervise, you may not qualify as exempt — and you may be owed significant back pay.

Meal and Rest Break Rules in California

• A 30-minute unpaid meal break for shifts over 5 hours (second break for shifts over 10 hours), during which employees must be fully relieved of duty.
• A paid 10-minute rest break for every 4 hours worked (or major fraction thereof).

If an employer fails to provide these breaks — or provides them but requires employees to remain on call — the employer owes one additional hour of premium pay per violation. These penalties accumulate quickly over time.

What You Can Recover

• Unpaid wages — everything you were owed but not paid.
• Waiting time penalties — up to 30 days of additional wages if your final paycheck was willfully delayed upon termination.
• Liquidated damages — additional amounts equal to unpaid minimum wages.
• Civil penalties under PAGA (the Private Attorneys General Act), allowing employees to sue on behalf of themselves and other workers.
• Attorney’s fees and costs.

The statute of limitations for most wage claims is three years under California law (four years for unfair business practice claims under the UCL).

Independent Contractor Misclassification

California’s AB5 and the “ABC test” made it significantly harder for companies to classify workers as independent contractors rather than employees. If you are told you are a contractor but you work set hours, use company equipment, perform work central to the company’s business, and operate under the company’s control — you may legally be an employee, with all wage, overtime, and benefits protections that status carries.

Talk to an Employment Attorney Today

Wage theft cases can involve complex calculations, class action dynamics, and PAGA filings. An experienced employment lawyer can evaluate your situation, calculate what you’re owed, and advise you on the most effective path to recovery.

Glasner Law P.C. represents workers across Redding and Northern California in wage and hour disputes. Lawrence Glasner has the experience to identify violations, build your case, and fight for every dollar you’re owed.

Schedule Your Free Consultation  |  (530) 688-8154  |  glasnermediation.com

Prior results do not guarantee a similar outcome. The information in this article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.

What Is Workplace Retaliation?

Retaliation occurs when an employer takes an adverse action against an employee because that employee engaged in a legally protected activity. The key elements are:

• You engaged in a protected activity.
• Your employer took an adverse action against you.
• There is a causal connection between the two.

Protected Activities Under California Law

You are legally protected when you:

• Report or complain about discrimination or harassment — internally to HR, or externally to the EEOC or California Civil Rights Department.
• File or assist with a workers’ compensation claim.
• Report wage theft or overtime violations, including filing a complaint with the California Labor Commissioner.
• Blow the whistle on illegal activity, fraud, or safety violations (including OSHA complaints).
• Request or take legally protected leave under FMLA, CFRA, or California’s Paid Family Leave program.
• Refuse to participate in illegal conduct at an employer’s direction.
• Cooperate with a government investigation into your employer’s practices.
• Serve on jury duty or respond to a subpoena.

What Counts as an Adverse Action?

Retaliation does not require termination. Employers retaliate in subtler ways that are equally unlawful:

• Demotion or reduction in pay
• Sudden negative performance reviews that never existed before
• Reassignment to less desirable duties or shifts
• Exclusion from meetings, projects, or opportunities
• Increased scrutiny, micromanagement, or write-ups
• Creating conditions designed to force you to quit (constructive dismissal)
• Being passed over for promotions you were previously in line for

Proving the Connection

The most challenging element in a retaliation claim is establishing the link between your protected activity and the adverse action. California courts consider:

• Temporal proximity — how close in time was the adverse action to your protected conduct?
• Shifting explanations — if your employer gives different reasons at different times, that inconsistency matters.
• Pattern of conduct — was the adverse treatment sudden and out of character with your prior employment history?
• Comparator evidence — are similarly situated employees who did not engage in protected activity being treated differently?
• Direct statements made by supervisors in connection with your complaint or report.

Constructive Discharge: When They Make You Quit

If your employer creates working conditions so hostile or intolerable that a reasonable person would feel compelled to resign, California law may treat that resignation as a termination. This is called constructive discharge, and it can form the basis of a wrongful termination claim even though you technically “quit.” Employees who are pushed out this way often don’t know they have legal recourse.

The Statute of Limitations

For most retaliation claims under California law, you have three years to file a complaint with the California Civil Rights Department, and 300 days for federal claims with the EEOC. Some whistleblower statutes have different timelines — which is another reason to consult an attorney as soon as possible.

Your Next Step

If you’re experiencing retaliation — or fear it is coming — document everything. Write down dates, times, and specifics of every adverse action. Save emails. Note witnesses. Then call an attorney.

Lawrence Glasner at Glasner Law P.C. has represented Northern California employees facing retaliation for over 30 years. He understands how these cases are built and how to hold employers accountable.

Schedule Your Free Consultation  |  (530) 688-8154  |  glasnermediation.com

Prior results do not guarantee a similar outcome. The information in this article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.

© 2026 Glasner Law

When your employer hands you a severance agreement, it can feel like a lifeline. You’ve just lost your job, you’re worried about your finances, and someone is offering you money. But that document you’re being asked to sign is not a gift — it’s a legal contract that may waive rights worth far more than what you’re being offered.

What Is a Severance Agreement?

A severance agreement (sometimes called a separation agreement or release of claims) is a contract between an employer and a departing employee. In exchange for severance pay or other benefits, the employee agrees to release the employer from legal liability — typically for any claims arising out of the employment relationship or its termination.

Common provisions in severance agreements include:

• General release of claims — waiving your right to sue for discrimination, wrongful termination, wage violations, harassment, and more.
• Non-disparagement clauses — prohibiting you from making negative statements about the company or its leadership.
• Confidentiality agreements — preventing you from disclosing the terms of the agreement or certain company information.
• Non-compete or non-solicitation clauses — restricting your ability to work for competitors or contact former clients.
• Cooperation clauses — requiring you to assist the company in future legal proceedings.

The ADEA and the 21/45-Day Rule

If you are 40 years of age or older, federal law — specifically the Older Workers Benefit Protection Act (OWBPA) — gives you important rights:

• You must be given at least 21 days to consider the agreement (or 45 days in a group layoff).
• You have 7 days after signing to revoke the agreement.
• The agreement must specifically advise you in writing to consult with an attorney.

Employers who fail to comply with these requirements may render the age-related waiver unenforceable — a technical but powerful protection that many employees never know they have.

Is Your Severance Offer Fair?

There is no California law requiring employers to pay severance. When they do offer it, the amount is entirely up to them — unless your employment contract, employee handbook, or company policy specifies otherwise. This means the first offer is rarely the final offer.

Factors that affect leverage in severance negotiations:

• The strength of any underlying legal claims — if your termination raises flags for discrimination or retaliation, your employer has more at stake.
• Your tenure and seniority — long-term employees often have more negotiating room.
• The breadth of what you’re being asked to release — the more rights you’re waiving, the more you should receive.
• Your specific damages — lost income, benefits, stock options, bonuses, and emotional distress all have value.

Non-Compete Clauses in California

California has among the strongest anti-non-compete laws in the nation. Under California Business and Professions Code Section 16600, non-compete clauses in employment agreements are generally void and unenforceable — even if you signed one. Recent amendments reinforced this protection and imposed new obligations on employers who attempt to enforce non-competes. If your severance agreement contains a non-compete clause, do not simply assume it applies to you.

Red Flags in Severance Agreements

• Extremely short signing windows — pressure to sign quickly is a negotiating tactic.
• Overly broad releases — language waiving “any and all claims of any kind” may include claims you don’t even know you have.
• Non-disparagement clauses without reciprocity — you’re silenced, but the company can say whatever it wants about you.
• Vague cooperation obligations that could demand significant time with no additional compensation.

Get a Legal Review Before You Sign

A severance agreement is a legal document with lasting consequences. Lawrence Glasner at Glasner Law P.C. has reviewed and negotiated hundreds of employment agreements on behalf of Northern California workers. He will tell you plainly what you’re being offered, whether it’s fair, and whether you have leverage to ask for more.

Schedule Your Free Consultation  |  (530) 688-8154  |  glasnermediation.com

Prior results do not guarantee a similar outcome. The information in this article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.

Losing your job is one of the most disorienting experiences a person can face. When it happens suddenly, without clear explanation, or in circumstances that feel deeply unfair, you may be asking yourself: Was this legal? In California, the answer matters — and it may be worth more than you think.

California Is an “At-Will” State — But That Has Important Limits

California follows the doctrine of at-will employment, which means an employer can generally terminate an employee for any reason or no reason at all. But “any reason” is not the same as every reason. The law carves out significant protections for employees, and violations of those protections constitute wrongful termination.

You may have a wrongful termination claim if your employer fired you for any of the following reasons:

• Protected status — Because of a protected characteristic
• including race, gender, age (40+), religion, national origin, disability, sexual orientation, pregnancy, or medical condition.
• Retaliation — In retaliation
• for reporting workplace violations, filing a workers’ compensation claim, or cooperating with an investigation.
• Whistleblowing — For reporting illegal activity, safety violations, or fraud by your employer.
• Contract violation — In violation of a written or implied employment contract that limited the employer’s right to terminate.
• Public policy — In violation of public policy — for example, firing you for serving on jury duty or taking legally protected leave under CFRA or FMLA.

What “Wrongful” Actually Means in Practice

Many employees assume that being fired unfairly or without good reason constitutes wrongful termination. In the legal sense, that is not always the case. What matters is why you were terminated — and whether that reason is one the law prohibits.

Common scenarios where wrongful termination claims arise:

• A long-tenured employee is let go shortly after disclosing a medical diagnosis or requesting an accommodation.
• An employee is fired days after filing a complaint with HR about a supervisor’s conduct.
• A worker is terminated after raising concerns about unpaid overtime or wage theft.
• An employee who recently took pregnancy or parental leave is “laid off” in a restructuring that seems suspiciously targeted.
• An older employee is replaced by a significantly younger worker under the guise of performance issues.

The Evidence That Builds a Case

Wrongful termination cases are won with evidence. If you believe your termination was unlawful, preserve everything you can:

• Emails, texts, or written communications from supervisors
• Performance reviews — especially positive ones that contradict stated reasons for firing
• Notes from meetings or conversations that felt retaliatory or discriminatory
• Records of complaints you filed internally or with an outside agency
• Documentation of your work history, promotions, and tenure

How Long Do You Have to File a Claim?

In California, the statute of limitations for employment discrimination and wrongful termination claims is generally three years to file a complaint with the California Civil Rights Department (CRD), followed by the right to file a civil lawsuit. For federal claims under Title VII or the ADEA, the window is typically 300 days to file with the EEOC. Missing these deadlines can permanently bar your claims.

What You May Be Entitled to Recover

• Lost wages and benefits (past and future)
• Emotional distress damages
• Punitive damages in cases of egregious employer conduct
• Attorney’s fees and costs
• In some cases, reinstatement to your former position

Talk to an Employment Lawyer Before You Assume You Have No Case

Many employees walk away from situations where they had real legal rights — not because their case wasn’t valid, but because no one told them it was. If you were terminated under circumstances that felt wrong, trust that instinct enough to get a professional opinion.

Glasner Law P.C. brings over 30 years of employment law experience to workers across Redding and Northern California. Lawrence Glasner will listen to your situation, give you an honest assessment, and help you understand your options.

Schedule Your Free Consultation  |  (530) 688-8154  |  glasnermediation.com. Prior results do not guarantee a similar outcome. The information in this article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.

© 2026 Glasner Law

1. Incorporate Clear “At-Will” Language: Employers should ensure that all workplace policies, including employment applications, agreements, offer letters, and handbooks, contain clearly worded “at-will” language. This language, drafted by an employment law attorney, is a crucial step to avoid any implied contractual obligations of continued employment. It provides a sense of security and sets clear expectations, reducing misunderstandings that could lead to disputes.

2. Train Management and Supervisors: Proper training for management and supervisors is crucial. They should be trained to avoid making written, oral, or implied representations contradicting the “at-will” employment relationship. Additionally, limiting the responsibility for interviewing and human resources duties to a select group of trained employees can help maintain consistency and reduce the risk of disputes

3. Consistent Performance Appraisals: Conducting candid and honest performance appraisals is essential. Supervisors should be trained to avoid inaccurate ratings and accurately document job performance problems. Written appraisals with employee acknowledgments can serve as substantial evidence in disputes, demonstrating that the employer has addressed performance issues fairly and consistently.

4. Carefully Avoiding Misleading Statements During Recruitment: This is a critical strategy for employers in California. During the recruitment and hiring process, it’s important to avoid making statements that could be interpreted as promises of job security or long-term employment. Consistency in interviewing procedures and materials provided to new employees can help prevent misunderstandings that might lead to disputes.

5. Implementing an Employee Dispute Resolution Plan: Establishing a comprehensive Employee Dispute Resolution Plan that includes binding arbitration can effectively manage disputes. Such plans should be clearly communicated to employees and included in employment agreements. This approach can provide a more efficient and cost-effective way of resolving disputes than litigation.

Fuentes v. Empire Nissan, Inc., 90 Cal. App. 5th 919, Wilson v. Am., 2018 Cal. Super. LEXIS 37180, Mun v. Korean Bbq Lee’s Tofu & Pho, 2022 Cal. Super. LEXIS 23424.

6. Engaging in the Interactive Process and Providing Accommodations: Employers must engage in the interactive process and provide reasonable accommodations for employees with disabilities as required by the ADA and FEHA. Failure to do so can lead to investigations, enforcement actions, and lawsuits. Employers should ensure they have clear policies and procedures to handle accommodation requests and document their efforts to engage in the interactive process.

7. Issuing Litigation Hold Notices: Employers are legally obligated to preserve all relevant evidence when a complaint is filed. Issuing a litigation hold notice to document custodians and the IT department can help preserve all relevant documents and data. This can prevent the destruction of evidence claims and demonstrate the employer’s commitment to complying with legal obligations.

By implementing these strategies, employers in California can significantly reduce the risk of employee disputes and lawsuits. Clear communication, consistent policies, and proper training are vital to a fair and legally compliant workplace. In conclusion, taking proactive steps such as incorporating clear “at-will” language, training management, conducting consistent performance appraisals, avoiding misleading statements during recruitment, implementing dispute resolution plans, engaging in the interactive process, and issuing litigation hold notices can help employers mitigate the risk of disputes and lawsuits. These measures protect the employer and contribute to a more transparent and fair working environment for employees.

If you are in need of legal assistance pertaining to an employee dispute or lawsuit, please contact us at your earliest convenience.

“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be business enough.”

— Abraham Lincoln, Notes for a Law Lecture, 1850

To try or not to try? That is the question. Lincoln teaches us that win or lose, litigation is expensive in more ways than one. And a mistake or miscalculation deciding to try rather than settle a case can be ruinous financially and cost you a client.

Nevertheless, some cases must be tried—a subject I’ll explore in a future piece.

In his excellent article, Early Intervention Mediation, Douglas McQuiston states, “Clients, and increasingly courts, are looking for results that are better, faster, and cheaper. The recently announced 2018 changes to CRCP 16.1 1 illustrate the judiciary’s ongoing desire to squeeze cost and delay out of the civil justice system. The goal today is to get to the point without breaking the bank.” *

Close to 90% of litigated cases settle. But empirical data on the remaining 10% that go to trial raises troubling issues about how lawyers and clients decide whether to go to trial, the quality of decision, and underlying motives.** In a 2008 DecisionSet study by Kiser, Asher, and McShane of 2,054 tried cases, the researchers found that plaintiffs got it wrong going to trial in 61% of cases, while defendants 24%. And what did the wrong decision cost the parties? Adjusted for inflation: $57,000 for plaintiffs and a whopping $1,344,500 for defendants. Miscalculations and mistakes deciding to try or not to try are expensive, much more so for defendants.

What does it cost your client to try a case? In 2012, 312 ABOTA members were surveyed “to develop a national baseline of litigation time and costs” for the six case types surveyed: automobile tort, premises liability, real property, employment, contract and malpractice.† Median times expended in litigation tasks, case initiation, discovery, settlement, pretrial, trial, and post-disposition were also developed.

The results of the survey revealed the following median costs of litigation by case type for defense firms of all sizes nationally, weighted somewhat for Florida, Texas and California: ‡

As clients become increasingly sophisticated legal consumers, this data may be useful in helping you develop a reasonable litigation strategy and budget. It also provides a view towards participating in informed, good faith settlement negotiations or mediation, following discovery sufficient to value your position (based on strength of evidence, damages, local jury pool, and other salient factors).

*Douglas I. McQuiston, Early Intervention Mediation, Colorado Lawyer, November 2018

** Jonathan D. Glater, Study Finds Settling is Better Than Going to Trial, https://www.nytimes.com/2008/08/08/business/08law.html

† Paula Hannaford-Agor, Measuring the Cost of Civil Litigation, Findings from a Survey of Trial Lawyers, Voir Dire, Spring 2013.

‡ Id. 2012 survey data adjusted to present for inflation.