What You Need to Know

California Employment Law Glossary

We realize lawyers often use legal terms (or “legalese”) that you might not be familiar with. To help, we have provided this glossary with simple definitions of some of the most commonly used employment law terms.

Age Discrimination
Being treated differently than others who are of a different age than you specifically because you are older or younger.

Answer
The legal response to a Complaint filed in Court.

Arbitration
A process by which a private, neutral party acts as a private judge to render a decision.

Arbitrator
The private neutral person who conducts an arbitration and issues a ruling.

At-Will Employment

The default employment relationship in California where either the employer or employee can terminate the employment relationship at any time, with or without cause or advance notice.

California Division of Labor Standards Enforcement (DLSE)

The state agency responsible for enforcing California's labor laws, including wage and hour regulations.

California Labor Commissioner

The chief officer of the California Division of Labor Standards Enforcement (DLSE), responsible for enforcing labor laws and adjudicating labor disputes.

Certification
A verbal or written statement in support of another statement’s accuracy.

Complaint
A written submission filed in Court outlining what law was broken, how it was broken, and what is sought by the filing party.

Constructive Discharge

When a worker's resignation or retirement may be found not to be voluntary because the employer has created a hostile or intolerable work environment, or has applied other forms of pressure or coercion which forced the employee to quit or resign.

Contract
A written (or, in some cases, verbal) agreement made between two or more parties for all parties to the contract to perform or not perform specific actions.

Defamation
A written or verbal statement of fact made to a third party that is false and derogatory which causes provable harm to reputation or business.

Defendant
The party that is being sued.

Deposition
Testimony provided during a lawsuit that is recorded and taken under oath.

Disability Discrimination
Being treated differently than others who are not disabled specifically because of your disability or a failure by an employer to accommodate a disability.

Disclaimer
A statement seeking to disclaim the legal effect of another statement.

Discovery
The process during a lawsuit whereby the parties exchange information and documents.

Discrimination
Being treated differently than others due to a characteristic such as age, race, gender, religion, or disability.

Dismissal
When a Court decides or the parties agree that a claim will no longer be heard by the Court.

EEOC
The Equal Employment Opportunity Commission is a federal agency which investigates claims of discrimination.

Employment Agreement
An agreement between an employer and an individual regarding terms and conditions of employment.

Equal Pay Act

California law that prohibits employers from paying employees of one gender less than employees of the opposite gender for substantially similar work.

ESI (Electronically Stored Information)
All documents and communications stored on a computer, phone, tablet, or other electronic device.

Exempt Employee

Employees exempt from the FLSA typically must be paid a salary above a certain level and work in an administrative, professional, executive, computer or outside sales role.

Mediation
A voluntary process in which parties to a lawsuit get together with a neutral third party who tries to help resolve their issues.

Mediator
A neutral third party who tries to resolve disputes between other parties.

Mitigation
When claiming backpay and/or front pay in a lawsuit, the claiming party’s attempts at reducing the damage.

Motion
A court filing asking the Court to rule on an issue.

Race Discrimination
Being treated differently than others who are of a different race than you specifically because of your race.

Release
A contract between two parties where the parties agree not to sue each other in return for other promises or financial compensation.

Request for Production of Documents
Written requests for documents during a lawsuit.

Retaliation
Increased harassment, change in job or working conditions, suspension, termination, or other job action taken in response to complaints of discrimination or unlawful activity.

Settlement
An agreement between parties to a lawsuit where the lawsuit is dismissed in return for monetary or other compensation or consideration.

Severance Agreement
An agreement between an employer and a former employee made at the end of employment. See release and settlement.

Sexual Harassment
Comments and/or actions that make a person feel uncomfortable or worse because of their sexual nature or because of their or your gender.

Stipulation
An agreement between two parties to a lawsuit regarding a factual or legal issue in the lawsuit.

Subpoena
A legal request made to a party requesting the production of documents or information.

Summary Judgement
A motion made in a lawsuit asking the court to dismiss for lack of evidence.

Summons
A legal document ordering a party to appear before the Court.

Sworn Statement
A statement made under oath to tell the truth.

Wage Theft Prevention Act

California law that requires employers to provide written notice to employees regarding their wage rates, designated payday, and other information related to their employment.

Warn Act / California Warn Act

An extension of the federal WARN Act, which provides protection to employees affected by plant closings and mass layoffs. Under the WARN Act, employers are required to provide sixty (60) days advance notice of the layoff or plant closing to affected employees.

Wrongful Termination
A firing done in violation of law

At Garay Law , we dedicate our entire practice to protecting the rights of individuals and groups of employees whose rights are being violated by their employers.

For answers to your California employment law matters, contact our law firm today.

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