Under California employment law, a state employee is an individual who is hired by the state and is employed by the state, including, but not limited to:
- Court workers
- Social workers
- Educators
- Clerks
- Individuals who are employed in state departments, for example, the county attorney’s office
These state employees are often subject to specific state protections as well as employee protections. One example of this is how a state employee may have extended employee privacy rights and extended rights to be free from discrimination.
In some situations, these protections can also extend to individuals who are candidates to be employed with the state and certain individuals who do contract work for the state. The details of these protections can depend on the contract terms of the individual’s specific employment contract.
In the State of California, state employees are typically defined as civil service employees who are working for a state commission, board, or agency. This can also include individuals who are employed in roles within the state government.
It is important to note, however, that employees of California State University and the University of California are not considered to be in the state civic service. For more information on state employee legal services and issues, an individual should consult with a California lawyer.
What Are Some Common State Employee Legal Issues?
There are some common state employment disputes that employees can face, similar to other types of employees, which may include:
- Disputes involving wages, hours, and overtime pay as defined by California state law
- Violations of employee privacy rights
- Employee safety and occupational hazards
- Disputes that involve promotions, advancements, and access to various employment benefits
- Discrimination, harassment, wrongful termination, and other such violations by the California employer
- Hiring disputes
Depending on a California employee’s specific position within a department, there may be other legal issues that they face. For example, if an individual works as hiring staff, they may face different issues than a supervisor.
Regardless of whether an individual is classified as an at-will employee or has signed an employment contract, they are protected by both federal and state employment laws that:
- Establish the benefits to which employees are entitled by law
- Set the guidelines for safety and health standards
- Dictate wage and hour regulations
Examples of benefits that most employers are required to provide for their employees include:
It is important to be aware, however, that not all employers have to provide the same protections and benefits to all of their employees. There are exceptions and eligibility factors that can vary between industries.
In general, an eligible employee is provided with protections that are outlined in the Fair Labor Standards Act (FLSA). In addition, employees can be provided with all protections outlined in the California labor code.
These laws typically apply even if an individual is only interning for an employer. Disputes may arise when a California employee is not provided with the protections that they are due under the law.
To find out more information about the legal issues a California employee may face, it is important to have a lawyer consultation in California.
What Is Privacy in the Workplace?
Issues related to employee privacy commonly arise. An employee’s legal right to privacy is much less than that in their private life.
Because, technically, a workplace does belong to an employer, offices and desks may be subject to search. A private conversation or a locked desk drawer, however, may be given more privacy protections than more open spaces. There are also other work-related items that may be subject to increased monitoring, such as:
- Phone systems
- Work computers
- Email accounts
The personal belongings of a California employee, such as their purse, cell phone, or backpack, typically have a higher expectation of privacy. If an item was stolen or the employee works in a high-risk or sensitive security position, an employer may have the legal right to search employee belongings.
Government employees, including state employees, have different due process rights than employees who work in the private sector. It is always important for an employee to keep in mind that their employer’s Human Resources (HR) department and company attorneys are there to protect the employer, and not the employee.
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Can California State Employees Be Fired?
California state employees can be terminated, or fired. However, they typically cannot be fired at-will.
This means that their employer will need to show cause for their termination. In other words, the employer has to have a legitimate reason for terminating the employee and must adhere to due process requirements.
State employees in California have a property right to their employment. To fire a state employee, their employer has to have a valid reason to fire them under the specific applicable rules and regulations.
Under California law, a Skelly hearing must be conducted before an employee can be fired. This hearing requires notice, a hearing officer, and giving the employee a chance to respond.
There are specific grounds under California law that may be used for disciplinary actions, including:
- Dishonesty
- Insubordination
- Incompetence
- Some criminal convictions
How Do State Employees File an Employment Complaint?
Employment complaints can be submitted to an employer’s Human Resources (HR) department, if there is one. HR staff might be able to resolve the issue or dispute and provide possible remedies.
If an issue is more serious, a California state employee should file a claim with the state employment or labor department. These state-operated departments process claims that involve:
A California state employee may also be eligible to file a federal claim with a government agency, such as the Equal Employment Opportunity Commission (EEOC). It is important to be aware that an employee’s ability to file a federal claim for a state employment issue may be limited.
If a California employee has exhausted all of the available remedies, they may be eligible to file a private lawsuit against the employer or against another employee who was involved in the conflict. In California, a state employee has to file a complaint at the state level before they are eligible to file a civil lawsuit.
When a California employee files a civil lawsuit, the remedies that may be available for their employment issue can include monetary compensation for lost wages or benefits.
Do I Need an Attorney for State Employee Legal Issues?
If you are a California state employee who is facing a legal issue, it can be a complex issue. It is important to consult with a California workplace lawyer to determine what steps you need to take and what remedies may be available to you.
Your workplace lawyers can advise you of your legal rights and options under California law. If you have to appear before a government agency or in court, your workplace attorney will represent you.
You can take advantage of LegalMatch’s no cost attorney matching services to find a workplace attorney in your area of California who can help you resolve your workplace issue.
When you use the lawyer matching services provided by LegalMatch, you will get responses from lawyers in your area of California who are pre-screened, licensed, and ready to help you with your state employee legal issue.
