Marsy’s Law and Employee Protections in California Workplaces
In California, employees who are victims of a crime (such as workplace assault, stalking, harassment, or domestic violence spilling into the workplace) have strong legal protections under the state constitution and labor laws. One key piece of that protection is Marsy’s Law, which, while not an employment law itself, directly supports workplace rights provided under Labor Code sections 230 and 230.1.
Marsy’s Law is officially known as the Victims’ Bill of Rights Act of 2008. It grants specific rights to crime victims, such as:
- The right to be treated with fairness and respect.
- The right to reasonable protection from the accused.
- The right to be notified of proceedings and developments in the criminal case.
- The right to be heard at certain proceedings, such as sentencing or parole hearings.
These rights are granted to the victims of the crimes themselves, and extends certain rights to close family members, such as a spouse, parent, child, or legal guardian, when the victim is a minor, deceased, or otherwise unable to act on their own.
While Marsy’s Law itself doesn’t legislate employment practices, its protections may impact employment-related issues in various ways because practicing these rights may mean needing time off work to attend hearings or other legal matters.
California Labor Codes sections 230 and 230.1 prohibit employers from retaliating against employees by firing, punishing, or discriminating against them for:
- Taking time off to attend court proceedings
- Seeking medical help or counseling
- Participating in safety planning
In summary, Marsy’s Law gives crime victims the right to be involved in the legal process, and California Labor Code sections 230 and 230.1 ensures employees can exercise those rights without being retaliated against or discriminated against for doing so.
If you believe you have been a victim of a crime in the workplace, please contact the lawyers at Ricardo Lopez Law for a free consultation.