Ignoring certain notices or requests from employees can get any California employer in trouble. But what should you do if this happens to you?
If you are reading this, chances are good that you are waiting for your employer’s response to some request or notice. Well, you have come to the right place, as our Los Angeles employment law attorney at JML Law is going to outline the notices and requests that, if ignored, can expose the employer to legal action from employees.
Requesting personnel files and payroll records
In California, both current and former employees have a right to obtain a copy of their personnel files and payroll records. Under California employment law, employers have a legal obligation to provide their employees with a copy of any document they signed as well as personnel files and payroll records. Your employer must provide you with the requested documentation within 21 days from the date you requested your personnel records.
Notice under the PAGA
If you want to get compensated under the Private Attorneys General Act (PAGA), you are legally required to notify the Labor and Workforce Development Agency (LWDA) and your employer of your intentions to seek recovery under the PAGA. This notice is required so that the LWDA can investigate the employee’s claim and to give the employer a chance to remedy the hazards or violations detailed in the employee’s claim.
Requests from the DOL
If an employee reports a violation in the workplace to the Department of Labor (DOL), the employer has a legal obligation to immediately respond to the request from the DOL, the California Labor Commissioner, or any other public agency. In California, the Department of Labor (DOL) has the power and authority to collect data about hours and wages as well as working conditions in the workplace.
If you were the employee who complained about wage and hour violation or other violations in the workplace, and your employer fires you or takes any other retaliatory action against you, do not hesitate to speak to a Los Angeles retaliation attorney.
Service of a complaint
If you have filed a discrimination, sexual harassment, or wrongful termination lawsuit against your employer, you are required by law to serve the complaint to your employer or a registered agent of the company. Your employer must respond within 30 days after the service of the complaint. If your employer fails to file a response within a timely manner, the court may issue a default judgment ordering your employer to pay you the full amount of damages sought in the lawsuit.
If you are suing your employer for discriminating against you in the workplace, you may benefit from scheduling a free consultation with a discrimination attorney Los Angeles from JML Law.
Request for reasonable accommodation
In California, you have a right to seek a reasonable accommodation in the workplace to be able to perform your duties with a disability. A reasonable accommodation may include but is not limited to assistance or a change in the job or the workplace.
Needless to say, employers are not always thrilled to receive requests for an accommodation from their employees, which is why do not be surprised if your employer ignores your request or refuses to provide the requested reasonable accommodation. In that case, it is best to consult with a Los Angeles employment law attorney to learn your options.
Call JML Law at 818-610-8800 for a free case evaluation.