Employment Law Attorney
Employers are legally obligated to follow laws that prohibit them from discriminating against, harassing, or retaliating against certain workers. Unfortunately, many employers still engage in these practices, hoping their employees will think they have no recourse.
No worker should be forced to put up with a hostile work environment or tolerate illegal and unethical behavior from their employer. If your employer is engaging in this kind of conduct, you need the assistance of a California employment law lawyer.
California Employment Law
Employees are protected by a complex web of federal and California labor laws. Although the following isn’t an exhaustive list, it can help you understand some of the most important California laws protecting your rights as a worker:
California Fair Employment and Housing Act (FEHA)
The California Fair Employment and Housing Act (FEHA) is a broad statute that applies to workers and people seeking housing. It outlaws discrimination, harassment, and retaliation.
If an employer has five or more employees, FEHA prohibits them from discriminating based on any of the following protected characteristics:
- Age
- Race
- Color
- Sex
- Religion
- National origin/ancestry
- Physical or mental disability
- Genetic information
- Medical condition
- Marital status
- Sexual orientation
- Gender identity or expression
- Pregnancy or pregnancy-related condition
- Military or veteran status
FEHA outlaws workplace harassment, even for employers with fewer than five employees. It also prohibits employer retaliation (including firing and other adverse employment actions) against any employee who reports discrimination or opposes it in the workplace.
California Fair Labor Standards Act (FLSA)
The California Fair Labor Standards Act is the state-specific version of the federal Fair Labor Standards Act (FLSA). The FLSA sets country-wide minimum wages, standards for overtime pay, and requirements for employer record-keeping.
California’s FLSA expands on these protections for employees through the following measures:
- Setting a higher minimum wage
- Making employees eligible for overtime pay in more scenarios
- Requiring paid rest breaks
- Penalizing employers who miscategorize employees as independent contractors to avoid taxes
Although California employers are (or should be) fully aware of California’s additional protections for workers, some choose to abide by the federal standards instead and hope their employees won’t notice.
When you understand your rights under the California FLSA, you’ll be better equipped to assert those rights when dealing with an unethical employer.
Workers’ Compensation Laws
The California Labor Code details many specific employment laws, including the requirements for workers’ compensation. Most employers must have workers’ compensation insurance, which pays for medical care and partial wage reimbursement for workers who are hurt on the job or develop a work-related medical condition.
The code also imposes strict penalties on employers who retaliate against employees who file workers’ compensation claims. Some states only impose civil penalties in this case, but in California, an employer who retaliates because you filed a workers’ comp claim could face misdemeanor criminal charges.
California Equal Pay Act
If you and a coworker perform similar work, you should be paid equally for that work. That’s the basis of the California Equal Pay Act, which is included in the California Labor Code. This law makes it illegal to pay employees of different races, sexes, or ethnicities differently if they perform “substantially similar” work.
Types of Employment Law Claims
Our employment lawyers in California have helped clients deal with many different kinds of employment law cases. Here are some of the most common types of employment law claims our law firm has overseen:
Discrimination
Discrimination in the workplace can take many forms. Sometimes, an employee may discover that they’re being paid less solely because of their race or sex. In other cases, they may be denied reasonable accommodations due to their religion or a disability.
Harassment
Many of our clients have also faced harassment or had to deal with a hostile work environment. Harassment might involve verbal threats or intimidation, while sexual harassment is often characterized by unwanted advances or inappropriate comments.
Wrongful Termination
Wrongful termination refers to an employee being fired for an illegal reason. For example, if your employer fires you because you took leave as permitted under the Family Medical Leave Act (FMLA), an employment lawyer would likely say you have a strong case for wrongful termination.
Whistleblower Retaliation
If you’ve faced adverse employment actions because you reported a violation of state or federal law, a California employment lawyer may be able to help. Employers can face stiff penalties for violating whistleblower retaliation laws.
Other Types of Retaliation
Some employers get angry when workers exercise their rights, and they react by retaliating. For example, if you filed for workers’ compensation benefits after getting hurt on the job and your employer immediately fired you, they’ve likely violated California labor laws. In this case, you would have a strong case for a discrimination lawsuit.
Wage and Hour Violations
If your employer owes you unpaid wages, an employment law lawyer may be able to help. If your lawsuit is successful, you could be compensated for your unpaid wages and other losses.
If you’re dealing with negative impacts of an employment law violation you don’t see listed here, don’t hesitate to reach out to California Civil Rights Law Group. Our California labor attorneys are prepared to assist you in standing up for your rights.
The Employment Law Process
Employment law cases can be extremely stressful. A qualified employment law attorney can guide you through the process. Before you begin, however, it will be helpful to have a general sense of how a typical California employment law case proceeds.
Step 1: Initial Consultation
Unless you have a legal background, it can be challenging to determine whether you have a viable case. That’s why most California employment lawyers offer free consultations. During this meeting, an employment attorney will discuss your situation with you and tell you whether you have grounds for filing a legal claim.
Step 2: Investigating and Evidence Gathering
Once the employment lawyer has assessed your circumstances and decided you have a valid employment claim, they’ll likely agree to take your case on a contingency basis. You’ll pay nothing up front, but if your lawyer recovers compensation for you, they’ll claim a portion of the final award.
If you’ve already gathered evidence supporting your employment law issue, your employer will ask for it and then conduct an investigation of their own. This process may take some time, but it’s well worth it — the more quality evidence you have, the greater your chances of success.
Step 3: Filing a Complaint or Legal Claim
If your employer has violated state labor laws, you may be required to file a complaint with a state agency before you can file a lawsuit. For example, if you’ve experienced employment discrimination, you would need to file a complaint with the California Civil Rights Department (CRD).
The appropriate agency will investigate your employer’s unlawful or unethical conduct and determine whether they’ve broken California employment regulations.
The exact procedure depends on the agency. For instance, if you file a complaint with the CRD and it finds that your employer has indeed violated fair employment laws, the agency will usually give you two options:
- It can file an employment lawsuit on your behalf
- You may pursue your own lawsuit
If you opt to file a lawsuit yourself, the CRD will issue you a “right-to-sue” notice. At that point, you’ll be authorized to turn your employment claim into a lawsuit.
There are benefits and drawbacks to letting the CRD handle your employment law case versus working with an independent law firm. If you aren’t sure how to proceed with your employment claim, our team can help you assess your options and make a sound decision.
Step 4: Filing a Lawsuit and Negotiating
If you and your employment attorneys in California determine that the best course of action is to file a lawsuit, your lawyer can initiate the process on your behalf.
Most lawsuits are settled out of court. This means that instead of taking the risk of going to trial, your employer may agree to give you a certain sum of money. It usually takes a good amount of back-and-forth negotiation to reach a settlement.
Step 5: Going to Court
If you can’t reach a fair settlement with your employer, your case will go to trial. Alternatively, your employment lawyer may be so confident in your case that they believe a trial is the best option.
For instance, if you were wrongfully terminated due to blatant discrimination and you have plenty of evidence, your attorney might want to attempt to obtain the maximum possible compensation and make an example of your employer. In this instance, going to trial would likely make the most sense.
Working With an Employment Law Attorney
If you’ve experienced an adverse employment action after reporting discrimination or otherwise had your rights violated, you might wonder whether you can pursue a lawsuit on your own. While this is an option, working with California employment lawyers will result in a better outcome in virtually every instance.
Employment lawyers can help you gather strong evidence and determine what type of legal action will best suit your needs. Keep in mind that in any employment law case, your employer will likely have skilled legal representation, which means you should too.
Time Limits and Deadlines
If you’ve been impacted by wrongful termination, workplace discrimination, or any other unethical behavior on the part of your employer, it’s vital to know how long you have to file a claim or lawsuit.
The exact deadline you face will depend on the type of action you elect to take and other factors. Here are some notable timelines to keep in mind:
Time Limit for Filing a Complaint
With many employment law matters (including wrongful termination and discrimination), you must file a complaint with the CRD before you may pursue your own lawsuit. The CRD gives you three years from the date you were last harmed by your employer to complete this step.
Time Limit for Filing a Lawsuit
If the CRD examines your California employment case and issues you a right-to-sue notice, you’ll have one year from the receipt of the notice to file a formal employment lawsuit.
If you want to file a lawsuit against your employer for unpaid wages or overtime to which you’re entitled under the law, you’ll typically have three years from the date of the last violation to do so.
Important Considerations
There’s a lot of overlap between California labor laws and employment laws, and the different deadlines will vary depending on which law your case is centered on. A skilled team of employment law attorneys can help you decide whether to bring your case under state or federal law and ensure that you meet the deadline for that particular law.
To avoid accidentally missing the statute of limitations, you should make it a priority to reach out to California Civil Rights Law Group as soon as possible. Your lawyer will need time to gather evidence in your case and formulate a sound strategy. The longer they have to develop your case, the better.
Has Your Employer Mistreated You?
If you’ve been the victim of workplace discrimination, wrongful termination, harassment, retaliation, or any other kind of mistreatment by your employer, even thinking about asserting your rights can be intimidating.
Unethical employers want you to feel as though you have no allies. When you have a California employment law lawyer on your side, however, you can stand up for your rights, hold your employer accountable, and possibly recover compensation for your ordeal in the process.
To ensure the success of your case, your choice of lawyer matters. Our capable team manages each case with care, but we’re fierce and tireless when it comes to protecting our clients’ rights.
If you’re looking to discuss your situation with a trustworthy employment lawyer, California Civil Rights Law Group is here for you. Contact us today to schedule a free consultation.
FAQs
You can report wage and hour violations to the Labor Commissioner’s Office. If your situation concerns discrimination, harassment, or retaliation, you’ll likely need to file a complaint with California’s Civil Rights Department. An employment lawyer can guide you through the claims process.
Many people use the terms “employment law” and “labor law” interchangeably when in fact they’re different. Employment law deals with the relationship between employers and employees, while labor law focuses on the relationship between employers and labor unions.
If you have a problem with your employer, you likely need an employment law attorney rather than a labor law attorney.
California employment law affords you many protections. As an employee, you have the right to a workplace free of retaliation, discrimination, and harassment. You also have the right to fair pay, a safe work environment, and adequate breaks.
California employment law also requires employers to implement a number of policies. These include mandating a safe workplace, providing compensation according to California law, and establishing clear policies against discrimination, harassment, and retaliation.
Unfair termination (commonly called “wrongful termination”) happens when an employer fires an employee for an illegal reason. Terminating someone for reporting sexual harassment, refusing to commit a crime, or taking time off to serve on a jury are all examples of unfair termination.
An employment lawyer can discuss your situation with you to determine whether you have a viable legal case. To help them assess your circumstances, be prepared to bring copies of your employer’s relevant policies, any noteworthy correspondence with your employer, and a clear timeline of events.
Sadly, many employees don’t seek legal representation because they believe they can’t afford it. Our CA labor law attorneys work on a contingency basis, which means you won’t pay anything out of pocket. We only get paid if we recover compensation for you.
Yes. Even if you’ve been fired or left your employer voluntarily, you can still hold them accountable for employment law violations. An experienced California employment law lawyer can help you file a claim.
