Category Archives: Law Tips
Things You Should Know About Common Labor Law Violations
The labor laws in California have numerous provisions to protect employee rights. If you are an employee in the state, these legal provisions can protect you from discrimination and illegal conduct. They also protect you from employer exploitation, so if you feel that your employer is taking undue advantage, you can consider consulting an experienced, knowledgeable labor law attorney about the matter. You can find a lawyer through recommendation or an online search for “labor law attorney Los Angeles.” The authorities may fine your employer if they have violated the labor laws.
Things you should know about common labor law violations
For protecting your workplace rights, it is essential to know about these common labor law violations:
Minimum wage violation
Employers fail to follow minimum wage rules in paying their employees. As per the California employment law, employers who employ 25 or fewer people must pay their employees a minimum wage of $13 per hour. The minimum wage rate is $14 per hour for employees if their employers employ 26 or more employees. Employers must also follow the minimum wage rule when paying contract workers who receive per unit pay.
Overtime pay
Employers fail to pay their employees for overtime work. The legal definition of overtime work is any work you perform over eight hours per day, 40 hours per week, or the first eight hours of work on the seventh day of work in a work week. Overtime pay is one and a half times the regular pay for these extra hours. You should receive double the regular wages if your work hours exceed 12 hours a day or over eight hours on the seventh day of work in a work week.
Meal and rest breaks
Employers refuse to grant employees the legally mandated meal and rest breaks. As per the employment law in California, you can take reasonable breaks for meals and rest during a workday. The law stipulates ten minutes of break for every four work hours and a 30-minute meal break after five hours of work.
Paid sick leave
Employers refuse to let you take paid sick leave. According to the employment law in California, you can take at least 24 hours or three days of paid sick leave per year. If you have accrued paid sick leave, the employer must mention how many days are available on your pay stub and also the number of paid vacation days still unused. You can then take this accrued leave or cash in for it.
Safe workplace
Employers fail to provide employees with a physically safe work environment, safety training, and work insurance. They may also fail to protect them from discrimination, harassment, and retaliation. Additionally, they may subject them to wrongful termination.
Aside from hiring a lawyer by searching online for “labor law attorney Los Angeles,” you can get assistance in labor law violation cases from agencies like the Division of Labor Standards Enforcement, the Division of Occupational Safety & Health, and the Employment Development Department.
What is the Average Payout for Unlawful Termination?
According to the employment law in California, if you get fired from your job for illegal reasons, you have the right to sue your former employer for unlawful termination. You can hire an experienced and competent unlawful termination attorney to represent you and get you financial compensation or reinstatement. Before proceeding with the lawsuit, it is advisable to understand how the legal matter might proceed and the average payout you can expect.
What is unlawful termination?
Unlawful termination happens when your employer fires you from your job for reasons that violate public policies or your work agreement. While employment is on an at-will basis in California, it is illegal for employers to fire you for discriminatory reasons. For example, they cannot fire you because they have issues with your age, gender, color, race, religion, ethnic origin, nationality, marital status, health condition, or disability. They also cannot fire you for asserting your legal rights in the workplace, for refusing to follow illegal instructions, or in retaliation for complaining about unsafe conditions or unethical practices.
Additionally, if you have a work agreement that clearly lists the reasons that the employer can fire you, they cannot terminate you from your role for any other reasons. If you lose your job for any of these illegal reasons, you can consult an unlawful termination attorney and explore your legal options. Some attorneys accept cases on a contingency basis. It means they will charge their legal fees from you only if they win the unlawful termination case for you. If you lose the case, you do not have to pay them anything.
What are your legal options in case of unlawful termination?
As the unlawful termination attorney will advise you, you have the following legal options:
• The unlawful termination attorney can approach your former employer on your behalf and attempt to negotiate a settlement.
• If the negotiation attempt fails, you or the unlawful termination attorney can file a complaint with the DFEH or the EEOC.
• If the government agency fails to mediate and resolve the issue, you can get a right to sue notice from them.
• The unlawful termination attorney can file a complaint on your behalf with the court.
• If your former employer’s lawyer asks for a settlement, you can decide to take their offer and dismiss your lawsuit.
• In case, your former employer denies your claim, the matter will go to trial.
• The unlawful termination attorney will represent you in court and make every effort to protect your rights.
• After you win the trial, the court may award you financial compensation, damages, and attorney’s fees. In some cases, you may get reinstated in your job.
What is the average payout for unlawful termination?
The average payout for unlawful termination can range between $5,000 and $85,000. If you win your unlawful termination case, the court will typically award the following:
Compensatory damages
Compensatory damages award you financially for unpaid wages, missed wages, harm to your professional reputation, emotional distress, and mental suffering. The court may determine the amount based on what you might have earned if the employer had not fired you. The damages may also include interest on the compensation.
Legal expenses
Your former employer will have to pay you for the legal expenses you incurred in pursuing the unlawful termination lawsuit. They will have to pay for your lawyer’s fees, expert witness fees, and court costs.
Punitive damages
The court may direct your former employer to pay punitive damages as a form of monetary punishment. This usually happens when it has been proven in court that the former employer engaged in offensive behavior or did something heinous to harm you. The purpose of punitive damages is to deter the defendant from repeating their wrongful behavior in the future.
Reinstatement
Depending on the situation, the state court may order your former employer to reinstate you in your former job or give you another position in the company. It may not be a suitable remedy, though, if there is too much hostility between you and your former employer. If you refuse reinstatement, the court may choose to award you a specific amount that you might have earned if you had remained in the company.
Employment Discrimination – How California Law Protects Employees
The employment laws in California provide many protections for employees. If you work in the state and have experienced discriminatory behavior in your workplace, you can use the existing employment laws to protect your legal rights as an employee. It is advisable to consult an employment discrimination attorney in Hollywood and find out about your different legal options.
Understand California Employment Laws
To understand how California law protects employees, you must acquaint yourself with the employment laws and the agencies that enforce them.
The Department of Fair Employment and Housing (DFEH)
A civil rights agency of the California state government, the Department of Fair Employment and Housing (DFEH) is responsible for enforcing state laws to protect California residents from discrimination in the areas of employment, housing, and public accommodation. As per the employment laws in the state, it is illegal for employers to discriminate against job applicants and employees for characteristics that have legal protection. These characteristics include the employees’ age, gender, color, religion, race, ethnic origin, nationality, marital status, sexual orientation, health condition, and disability.
California-based employers cannot discriminate against applicants in advertisements, job applications, candidate screenings, and job interviews. They cannot discriminate against employees in matters related to hiring, transferring, promoting, or firing them. They cannot follow discriminatory practices in providing safe working conditions and in ensuring appropriate salary and benefits. Additionally, they cannot engage in discrimination when it comes to employee participation in training programs, apprenticeship programs, employee organizations, and employee unions.
The DFEH also looks into matters related to workplace anti-sexual harassment training. As per the law, employers who employ five or more employees are legally obliged to provide training to supervisory and non-supervisory employees to prevent sexual harassment in the workplace. If an employer fails to comply with this requirement, the DFEH can investigate the matter and take appropriate legal action.
The Fair Employment and Housing Act (FEHA)
The Fair Employment and Housing Act (FEHA) is a California state statute that protects employees from workplace discrimination, harassment, and retaliation based on a protected characteristic. The FEHA anti-discrimination provisions apply to private and public employers who employ five or more part-time or full-time employees in one year. The measures in the FEHA also apply to labor organizations, licensing boards, employment agencies, and apprentice training programs. They protect job applicants, employees, interns, and volunteers. The anti-harassment provisions prevail even for employers with less than five employees.
The California Family Rights Act (CFRA)
The California Family Rights Act (CFRA) applies to employers who employ five or more employees in a year. It requires them to provide eligible employees with up to 12 weeks of job-protected, unpaid leave to get treated for serious medical treatment or care for a sick child, spouse, parents, grandparents, siblings, or grandchildren. Employees can also use the leave to look after their child within a year of the birth, adoption, or foster placement.
The CFRA also allows employees to get disability leave for up to four months if they develop a health disorder or disability related to pregnancy or childbirth.
Legal Options in Case of Employment Discrimination
If you feel your employer discriminates against you in your workplace, you should get legal counsel from an experienced, reputable employment discrimination attorney in Hollywood. They will assist you in gathering proof of discrimination and approach your employer to seek a settlement. If that does not work, the attorney will help you file a complaint with the appropriate state agency. If that avenue does not produce the desired results either, they can file a lawsuit on your behalf and represent you in court to get you justice.
Available Legal Remedies Under the California Employment Laws
The employment discrimination attorney in Hollywood you consult will inform you of the available remedies for employment discrimination. If you can prove that you were a victim of workplace discrimination, the court may award you back pay or front pay. You may get hired or reinstated in your job, or receive a deserving promotion. You can get compensated for out-of-pocket expenses, punitive damages, or attorney’s fees and costs. The employer may be legally obliged to initiate workplace policy changes, provide anti-discrimination training, or arrange for reasonable accommodation to prevent future workplace discrimination.
Why Does Religious Discrimination Targets Women?
The religious beliefs of employees are their private matter and employers cannot discriminate against them for these as per Title VII of the Civil Rights Act of 1964. The ground reality, however, is different for many religious people and specifically for women employees. A significant number of them report experiencing some form of religious discrimination at their workplace. Given how a person’s identity is woven into their religious beliefs, such discriminatory treatment can cause mental distress and affect productivity.
If you have or are currently experiencing religious discrimination in your workplace and your employer refuses to help, you should consult a competent lawyer regarding the matter. Find one through recommendation or by searching online for “lawyer for religious discrimination LA.”
Understanding religious discrimination in the workplace
When your employer, co-worker, or anyone connected with the company treats you offensively on account of your religious beliefs, they are subjecting you to religious discrimination. Here are some examples of such discriminatory behavior:
• They make spiteful, taunting remarks about your religion, religious beliefs, and religious practices.
• They use your religious beliefs as an excuse to deny you a well-deserved promotion or salary hike.
• They demote or fire you from your position due to your religious beliefs.
• They cite your religion for excluding you from work meetings, conferences, training programs, projects, and trips.
• They deliberately sabotage your work to make you look bad and spread rumors to give people a wrong idea about your character.
• They refuse to make reasonable accommodations for your beliefs, even when it does not interfere with the company’s work operations.
Why does religious discrimination target women?
The most common targets of religious discrimination are women. In general, it is easier to victimize women than men. Religious women, in particular, may be likely to be more pacific and unwilling to get into a conflict. They may think that it is not worthwhile to stir up trouble in the workplace by confronting the harassers.
They may also be intimidated if the harasser happens to be higher in the company hierarchy than them. They may fear losing their job and the family income if the matter gets out of hand. To prevent that, they may keep quiet and try to ignore the discriminatory treatment.
If this describes your situation, you need to understand that staying silent will not resolve the issue. In fact, it might exacerbate things and create a toxic work environment that could leave you feeling anxious, afraid, and intimidated on a regular basis. It would heighten your stress levels and affect your health. It could also affect your ability to work well and end up taking a toll on your career. Additionally, it would send out a message that it is okay to bully you and that the bullies will face no repercussions.
You might decide to give up the job, but what if you face a similar situation in your next one? You can hardly go about changing jobs at the drop of a hat. Rather than risk ruining your career, it is a better idea to safeguard your legal rights by making proper use of the employment laws in California.
What are your legal options in dealing with religious discrimination?
The first thing you should do if you are facing religious discrimination is to collect verifiable evidence of the harassment. Next, you should inform your manager of the harassment and file a formal complaint with the company’s HR department. If the employer fails to take action, you can file a claim with either the Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing. A lawyer is not necessary for this, but having legal representation can benefit you if you have to file a lawsuit.
Search online for “lawyer for religious discrimination LA” to find a competent lawyer in your area. Many lawyers offer a free initial consultation and take cases on a contingency basis. You only need to pay them after they win the case for you and then they will take an agreed-upon percentage of the compensation. Be sure to ask in advance about any additional expenses that you might have to foot.
Five Things to Remember Before You Call an Employment Lawyer
An employment lawyer can help you with many legal matters; such as sexual harassment at work, wrongful termination, whistleblower actions, discrimination at work, wage disputes, and so much more. If you have experienced any of these at work; you need to hire an employment lawyer and assess your legal options. But before you call one, here are the five things to know.
1. It is best to hire an experienced employment lawyer.
When it comes to hiring an employment lawyer, look for someone with some experience at least if not more. Use location-based searches to your benefit. For instance; use employment lawyer North Hollywood or something similar as your online search term. It will help you find the right law firm or lawyer via the search results.
Professional lawyers maintain proper websites with information about their experience and practice. You can read the information present there and make an informed decision about your situation.
2. It is important that the lawyer has experience dealing with cases in your location.
Employment laws can differ from one state to another. So, hire a lawyer who has experience dealing in cases in your state or city. Perhaps the lawyer recently moved to your city from another location and is yet to make proper contacts in the city. A local lawyer will know the best ways to deal with your legal matter. A local lawyer will know best how to deal with a certain company or situation based on past experiences (their own or via other cases).
So, use employment lawyer North Hollywood or similar search terms to find a lawyer who has worked a few cases at least (if not in an extensive manner) in your location.
3. Professional lawyers offer complimentary case evaluation sessions.
You can call a good employment lawyer for a consultation. Professional lawyers will not only listen to your case with compassion, but these sessions are also complimentary. When you freely share your case with the lawyer, it helps them to determine if your case has merit. It helps them to know if and how they can help you; if they can take on your case.
When you call a lawyer, you will be able to speak directly to them. Any good lawyer will ensure it. If you are made to speak about your case with an assistant, it is a clear indication that the lawyer or the law firm is not right for you.
The evaluation sessions are solely for the purpose to assess if the case is a right fit for the lawyer and if the lawyer is the right fit for the potential client. If you feel the lawyer is not compassionate towards your situation or if you don’t feel comfortable with how they handled the consultation, you needn’t go ahead with them. You can always consult with another lawyer who is a perfect fit to fight for you.
4. It is best to hire an employment lawyer sooner than later.
There is a statuary limit when it comes to legal matters. If you are afraid and do not come forward to seek justice for your suffering; you may lose this chance forever. Depending on your state’s laws, you will not be able to file a legal complaint against your employer after a certain number of years have elapsed. You have more chances of winning the settlement if your file the case in time. With a good employer lawyer by your side, you have no reason to wait to seek justice.
5. The lawyer is your ally.
Remember, your employment lawyer is your ally; your friend. A good employment lawyer will do whatever it takes to get you justice by all legal means.
Your lawyer will guide you about the process, what to expect, and what steps to take in order to increase your chances of winning a settlement. Your lawyer will help you gather evidence that can strengthen your case. Your lawyer will help you get justice for the discrimination or harassment or suffering your experience in your place of employment.
Keep these things in mind and hire an employment lawyer at the earliest if you have faced any harassment or discrimination at work.
What are the Legal Boundaries on Religious Discrimination?
In California, the Fair Employment and Housing Act (FEHA), enacted by the California Department of Fair Employment and Housing (DFEH), and the federal Equal Employment Opportunity Commission (EEOC) prohibit religious discrimination in the workplace. Employers cannot use religion as a pretext to discriminate against any of their employees. If you have experienced such illegal conduct in your workplace, you can take legal action against your employer. Search online for “lawyer for religious discrimination LA” to find a competent and well-qualified lawyer to handle your case.
Legal boundaries on religious discrimination
As per the FEHA, employers cannot use religion and religious creed, beliefs, observances, dresses, and grooming practices as an excuse to do the following:
• Refuse to hire or employ someone
• Refuse to allow someone to participate in a training program
• Deny someone a chance for promotion
• Demote someone from their current position
• Subject someone to workplace harassment
• Fire someone from their work position
• Pay someone less than what their counterparts earn
• Refuse someone their legally entitled work benefits and privileges
Employers can make reasonable accommodations for religious beliefs. The legal restrictions against religious discrimination also apply to unions, labor organizations, employment agencies, and apprentice training programs. They cannot exclude, expel or restrict the membership of people on account of their religion.
Religious groups, however, can restrict employment based on religion for work related to the performance of religious duties.
Taking legal action against religious discrimination
By consulting a lawyer for religious discrimination LA based employees can find out about their legal options. Generally, it is necessary to try administrative remedies before filing a lawsuit. Your lawyer can file a complaint online, by phone, or via website form with the DFEH within three years of the discriminatory incident. The DFEH can extend the time limit if you were not aware of the illegal nature of religious discrimination until the elapse of the three years.
After the DFEH receives the complaint, their investigator will contact you within 60 days to discuss the case. If the investigator thinks the religious discrimination complaint is valid, the DFEH will get your sign on the complaint and deliver it to the employer. They may also file it with the EEOC. The DFEH will then review the employer’s response and offer dispute resolution negotiation.
If that does not work, the agency will investigate to find out if there was a violation of California law. If it finds a violation, it will send the case to the DFEH legal division to settle the dispute through mediation or file a case on the employee’s behalf.
If the DFEH investigator or the DFEH legal division thinks the case does not have any merit, they will close the investigation, and you can separately sue your employer in court.
Alternatively, your lawyer can request a right to sue notice, bypass the DFEH or EEOC investigation, and file a religious discrimination case in the California Supreme Court. The matter will then go to trial, but you and your employer can settle the issue at any point before the trial ends.
The outcome from a religious discrimination lawsuit
If you have adequate proof against your employer and the trial goes in your favor, you may be able to get money damages. It is compensation for the emotional distress you suffered and for the back and front pay, benefits, bonuses, and higher income from a raise or a promotion that you missed due to the discrimination. Your employer is legally obliged to pay for your attorney’s fees and the expenses you incurred in handling various legal matters. They will also have to pay you punitive damages and offer equitable remedies like reinstating you in your job.
Hiring a religious discrimination lawyer
When hiring a lawyer for religious discrimination LA based employees should check their legal qualifications, work experience, and history of successful cases. They can also read their customer testimonials. Ask the lawyer if they offer a free initial consultation and use the opportunity to assess their personality. Do they come across as polite, friendly, and interested? Do you find them easy to talk to? Lawsuits can take a while to resolve, and it is better to work with someone you can get along with.
What Kind of Lawyer Handles Employment Issues?
Employment rights lawyers handle employment issues related to discrimination, retaliation, harassment, wrongful termination, and other illegal workplace conduct. They may represent employees as well as employers. To find a competent employment lawyer, you can search online for an “employment rights attorney near me.”
Who is an employment rights attorney?
An employment rights attorney is a lawyer who specializes in employment law or labor law. They have studied employment law or labor law in law school and keep themselves updated on the changes that take place in the employment laws in California and elsewhere in the United States. Since they have an in-depth understanding of employment-related legal matters, they can offer valid legal advice on any workplace issues that you might encounter.
What kind of education does an employment rights attorney have?
When searching for an “employment rights attorney near me” online, you need to check the lawyer’s educational credentials. A lawyer who handles employment issues needs to have at least a bachelor’s degree and a law degree. During their three-year law degree program, they should have taken multiple courses related to employment and labor matters. They must also have completed internships at employment law firms and passed the bar exam.
What kind of legal claims does an employment rights attorney handle?
An employment rights attorney can handle a wide range of legal claims related to employment issues. These can include workplace bullying, sexual harassment, discrimination due to age, gender, race, religion, ethnicity, national origin, and so on. They may handle wage disputes, benefits disputes, unfair wages, employment contracts, and hostile work environment cases.
Where does an employment rights attorney work?
Employment rights attorneys may work independently, for an employment law firm, for non-profit legal organizations, for companies and corporations, or management companies. They may try to resolve disputes between employers and employees out of court, and, if that is not possible, they may represent their clients in claims, disputes, and lawsuits in court. They may advise employers on complying with local, state, and federal employment laws and about collective bargaining settlements.
What kind of skills should an employment rights attorney have?
Aside from having specialized legal knowledge of employment and labor matters, the employment rights attorney must have excellent verbal and written communication skills. They must also have critical thinking skills, research skills, analytical skills, and public speaking skills to put up a strong defense in and out of court for their clients. Additionally, they can also benefit from having strong interpersonal skills, project management skills, and time management skills.
Why should you hire an employment rights attorney?
If you have experienced unfair treatment at your workplace, you may need to consult a lawyer who handles employment issues. The unfair treatment can range from your employer making you work consecutive shifts, not allowing you to take legally mandated breaks, leaves, and holidays, giving you a lower salary, or withholding bonuses. You may also need an employment lawyer if your employer refuses to give you a promotion you are qualified for or demotes you for no fault of yours.
Other reasons for looking up “employment rights attorney near me” can be being subjected to insults or harassment on account of your age, gender, race, religion, ethnicity, nationality, disability, or health issue. When confronted with these kinds of situations, it is difficult to feel safe in your workplace and your work productivity may get affected. As per the protections provided by the California employment laws, your employer is legally obliged to prevent or stop such harassment. If they fail to do so, you can hire a competent employment lawyer and take legal action against them.
How to hire an employment rights attorney?
Many people find lawyers by getting recommendations from family, friends, neighbors, co-workers, and other acquaintances. You can also do an online search for an “employment rights attorney near me” to find the right lawyer for your situation. Many lawyers offer a free initial consultation during which they will review your situation and determine if you have a legal case against your employer. It is advisable to ask the lawyer upfront about the legal fees and additional expenses you might incur if you follow through with the case.
How Can I Sue for Pregnancy Discrimination?
Have you experienced any indifference towards yourself at the workplace recently? Were you denied a promotion or a task that you have always been good at or a raise, all because you are pregnant? If that is the case, do not hesitate to call up the pregnancy discrimination lawyers Los Angeles and seek proper legal advice on your case. If your employer has been doing such things then you are entitled to file a complaint with the federal Equal Employment Opportunity Commission (EEOC) and the necessary actions will be taken.
As per federal law, employers are forbidden to discriminate against any employee or job seekers on the grounds of childbirth, pregnancy, or any such condition. If that happens, the candidate has all the right to sue the employer for the damages.
What is Pregnancy Discrimination?
Pregnancy discrimination is said to have taken place when the employer treats a woman in the wrong sense based on her condition of pregnancy or childbirth. This kind of pregnancy discrimination is also a form of illegal sex discrimination that many of us do not know about. Treating a woman indifferently by assuming that her work capacity will be decreased because of her pregnancy condition is surely a form of sex discrimination and that can happen at any point in the employment relationship, right from firing to hiring. For instance, if you were denied any promotions, assignments, or demotions just because you are pregnant, know that it is illegal and action must be taken.
Filing a complaint with the EEOC
As mentioned earlier, if you are sure that your employer has discriminated against you because of your pregnancy or any other related medical condition, the first thing that your lawyer would also suggest is to file a charge of discrimination with the EEOC. If you are sure that you want to file a pregnancy discrimination lawsuit against your employer, then filing a complaint with the EEOC is mandatory as it acts as a forerunner to filing a lawsuit.
While you are sure of filing the charges, there are certain things that you need to provide including all of your information, details of your employer, and then describe the discriminatory act done by your employer in detail and full clarity. Another thing that you must keep in mind is that when the discrimination takes place, you must file the charge within 180 days of that particular incident. Once you have filed the charges, the EEOC will then send the copy of the complaint to the employer and then ask you and the employer for mediation if required.
If the EEOC feels that the charges of discrimination are serious, then an investigation might be conducted based on the complaint that you filed. But before you do any of it, just ensure that you are following all the necessary deadlines otherwise your claims might get dismissed.
Right to sue letter
Once you file the complaint and the EEOC is done with the investigation, they will issue a right to sue letter afterward. Therefore, if you want to go ahead and file a lawsuit against your employer, you can use this letter from the EEOC for the further process.
Talk to pregnancy discrimination lawyers Los Angeles
Another step you should be taking to have a proper understanding and legalities of the situation, you must talk to a good pregnancy discrimination lawyer. Your attorney might send a letter to your employer that would make him think twice about his acts. If your employer has fired you for your pregnancy condition, then the attorney will assess your entire situation and let you know where your case stands and how claim you are eligible to get in this situation, and what possible way forward you have.
The attorney will help you understand and protect your rights as you have additional rights under the Family Medical Leave Act (FMLA) that is imposed by the US department of labor. Being an employee, you are not that aware of all of these rights that is why consulting an attorney would be of great help and you will also get the desired claims for the damages.
Unlawful Termination: When Should You Talk to a Lawyer
Have you been terminated from your job through no fault of yours? It can be a difficult thing to deal with, especially if you have a family to support. Rather than give in to despondency or decide to move on and look for another job, it might be a good idea to stand up for yourself and find out if your job termination was unlawful. Consult an unlawful termination attorney and get professional legal counsel.
Understanding Unlawful Termination
Employment in California and other states in the United States is on an “at-will” basis. That means that employers can legally fire their employees for any reason. Similarly, employees too can leave their employment without having to offer any justification.
Even with this being the case, there can be a claim for unlawful termination if your employer fires you for an illegal reason. In California, it is illegal for an employer to fire an employee for the following reasons:
Discrimination: It is considered discriminatory to fire someone on account of their race, skin color, ethnic origin, national origin, religion, gender, age, disability, and so on. According to California employment law, it is also illegal to discriminate against someone for their marital status, gender identity, and sexual orientation.
Retaliation: Employers cannot fire employees for reporting workplace harassment, unethical practices, and safety violations. They also cannot fire them for refusing to participate in illegal activities and for exercising their legal rights.
Additionally, if there is a work contract that specifically states the circumstances under which an employer can fire their employees, the employer cannot breach this contract. Doing so would make it an instance of unlawful termination.
Dealing with Unlawful Termination
It will help to take some time to go over the circumstances that led to you being fired from your job. Here are a few things to consider:
• Did your employer make any remarks or act in ways that would suggest that they were discriminating against you?
• Were you made to feel uncomfortable in your workplace for having a disability, for being pregnant, or for any other reason?
• Was there workplace friction because you were the only one of your gender or your race in your team?
• Did you recently file a complaint about workplace harassment, workplace hazards, or workplace illegal practices?
• Did you recently insist on exercising your legal right to vote, take work breaks, or go on leave?
• Were you on the verge of receiving company stock options?
• Were you about to retire and receive retirement money?
It is important to collect verifiable evidence that supports your claim of being fired for illegal reasons. The evidence can be in the form of work records, emails, messages, voice chats, videos, photographs, witness testimonials, and so on.
If you have a work contract with your employer, it is important to go through it carefully and highlight the specific reasons for which they can fire you. For instance, the work contract may state that you can be fired for being incompetent, for gross misconduct, or for committing financial fraud.
When Should You Talk with an Unlawful Termination Attorney?
You should talk to an unlawful termination attorney if you want to find out exactly where you stand legally and if you have any potential claims against your employer. The lawyer will go over the details of your case and assist you in asserting your legal rights.
In case the employer has breached your work contract or fired you for illegal reasons, the unlawful termination attorney will ask for a settlement from the employer, file administrative charges, or file a lawsuit on your behalf.
Even when you decide that the job is not worth the hassle and you would rather move on, it is still important to consider legal consultation if your employer wants you to sign a waiver or a release of claims in exchange for a severance package. The unlawful termination attorney will find out if your claim is worth more than what is being offered and will help you to negotiate a better severance package. The lawyer will also make sure that you are not giving up any legal rights that might potentially hurt you later.
Common Themes in Wrongful Termination Litigation
There is always a story behind every little thing. And that is why you must always be able to present your story in a certain manner that conveys what you want and what others should interpret out of it. Similarly, when it comes to wrongful termination litigations, every case is different and has a story behind it. Thus, if you have suffered a wrongful termination recently, then the very first thing you must do is consult one of the best wrongful termination lawyers and then openly tell your side of the story.
To understand the concept of wrongful termination in simple words, if you have experienced a termination by your employer that is unlawful or wrongful, then it comes under wrongful termination. And in such a situation, you have all the right to file a wrongful termination lawsuit against the employer. Being an employee, you must be aware of your rights and if you are fired, then you must know what constitutes wrongful termination. Here are a few common themes in wrongful termination litigation that you should be aware of if you face any of them at the workplace.
Discrimination
Discrimination can be of any type. If you have faced discrimination based on age, caste, religion, gender, nationality, sex, and you have been terminated because of any of these reasons, then you have a valid case of wrongful termination. For instance, if your age is 50 and your employer terminates you because of your age, then it is wrongful as the employer has no right to destroy the career of that employee who has given all the important years of his life to the company being loyal, productive and doing his part in increasing company’s profit. And how do you this was unlawful? Well, the same position was filled by a much younger candidate with a thought in mind that a 25-year-old can be more energetic and productive than a 50-year-old.
Violation of employment contract
When an employee signs the employment contract then both the employer and the employee are legally bound with the terms mentioned in the contract. For instance, if your contract mentions that your employer cannot terminate you for 12 months from the start date then he cannot fire you after five months. This means that you are supposed to be employed for 12 months and the employer cannot fire you.
Along with this, you must ensure that you are reading the contract carefully and completely so that you are aware that your employer has no right to fire you. But if you have been taking too many leaves, giving poor performance, not following instructions, then the employer has all the rights to terminate you.
Reporting illegal activity/ whistleblowing
This is one of the most common themes of wrongful termination litigations. Many employees are scared of reporting any wrongdoing or illegal activities at the workplace fearing losing their jobs. But if you have experienced any illicit activity at the workplace and try to report it, and in turn, your employer terminates you, then it is unlawful. This can make for a wrongful termination case and it can be best explained by a lawyer.
Sexual harassment
Sexual harassment is a crime in the eyes of law. And if you have suffered any kind of sexual harassment at the workplace including physical, mental, or verbal, you must make sure that you are taking action against it and consulting a lawyer on an immediate basis. For instance, if your employer or supervisor sends you some uncomfortable emails or messages then that can be counted as a form of sexual harassment at the workplace and the matter should be taken seriously.
If you strongly believe that you have been terminated wrongfully, then the first thing you should consider is to speak to one of the best wrongful termination lawyers in the city. A lawyer will be able to analyze your case, protect your rights, and make sure that you get the desired compensation from your employer for putting your career at stake and termination your wrongfully.
What is Unlawful Termination? – Definition & Conditions
Unlawful Termination or Wrongful Termination refers to the situation when an employer fires an employee on unlawful or unethical or illegal or wrongful grounds. If you have been in any circumstances where you were dismissed by your employer on unlawful grounds, then the first thing that you must do is talk to the unlawful termination attorneys to get the best advice.
Unlawful termination comes under the Fair Work Act (2009) and it is considered when there is an act of discrimination that has taken place at the workplace and the firing of the employee was based on those discriminatory grounds. Being an employee, you are protected under the abovementioned law and you can take action against the employer if you get unlawful termination.
What exactly is Unlawful Termination?
According to Section 722 of the Fair Work Act (2009), your employer has no right to terminate you for the following reasons:
• Complaining against the employer for indulging in illegal practices or violating laws at the workplace.
• Taking a temporary leave from work because of medical reasons such as serious illness or an injury that is not letting you commute to work.
• Taking a paternity or maternity leave
• If you belong to any particular race, religion, sex, nationality, gender or have a physical or mental disability, or are married/unmarried or pregnant.
• If you are a member of a trade union or participate in activities related to the trade union.
Therefore, if you have been dismissed from your job because of these reasons, consider it as an unlawful termination and you can go ahead and file a lawsuit against the employer by consulting one of the best unlawful termination attorneys in your area.
Apart from these, numerous other reasons constitute unlawful termination. For instance, if the employer fires an employee just because he said no to the instruction because they were unethical. Such instructions might include the unsafe working environment physically and mentally, indulging in a felony such as a theft or a tax evasion to name a few. Also, an unlawful termination can occur if the employer himself breaches the company policy while dismissing the employee. This means that while you were getting fired, your employer did not comply with the termination process started by the company policies. With this, you have a solid reason to demand an unlawful termination claim from the employer.
Retaliation
Retaliation is the most common grounds for unlawful termination. If you are put through or witness any illegal activity at the workplace and have tried reporting about it and fired because of that, then you have a solid claim for unlawful termination which is based on retaliation. Employers have no right to dismiss or fire the ‘whistleblowers’ and the employment law makes sure to protect the employees who try to report any illegal activity at the workplace. But if you are filing an unlawful termination lawsuit, then you would need to prove that your termination was purely was an act of retaliation and not for performing poorly at your job.
Discussing workplace issues with fellow-employees
When you are at the job, you are bound to make professional relation and gel-up with the fellow mates to keep the work momentum going. And you are always protected under the National Labor Relations Act. Therefore, if you were fired because you were discussing some workplace issues such as improving the work culture or wages, then that comes under unlawful termination. This is because you were talking about making improvements at the workplace and not doing anything that is illegal or would cause any harm to other employees. If you strongly feel that your employer fired you because of that, you can talk to your attorney regarding a claim.
Therefore, if you feel that your termination was based on any one of the conditions mentioned above then it would be in your best interest to talk to some of the experienced unlawful termination attorneys about it. There are certain deadlines to filing complaints and claims as per the state regulations. Do not go ahead without an attorney. Make sure that you are checking the background and experience of the attorney before hiring. An experienced attorney will explain to you the case and your options available to you.
Why Employees Need a Sexual Harassment Attorney?
Have you ever been into an uncomfortable situation at the workplace? For instance, your employer or any co-worker made a lewd comment on you in the office, but it is not the first time this has happened. Well, if this has been happening regularly then you must know that you have become a victim of sexual harassment. Along with that, you should also know that certain sexual harassment laws protect the employees from these uncomfortable and unlawful sexual harassment situations that are purely based on caste, gender, religion, nationality, and sex. Therefore, to take care of these unforeseen circumstances, you must consult a Los Angeles sexual harassment attorney to know what can be done and what are your options.
When you hire a sexual harassment attorney, he or she makes sure that your right as a worker is safe and you are getting an environment that does not involve any unlawful activities. When the workplace rights of you as an employee are violated and you become a clear target of sexual harassment, the impact of it can be extremely intense that could create a toxic environment for you to perform your duties at work. And thus, filing a case against the employer would remain the only solution to get the desired claims that have disrupted your professional and personal life and safeguard the future.
However, consulting a Los Angeles sexual harassment employee is only going to do good for you as you would be able to know the difference between the right and the wrong that happens at your workplace and how you can tackle those situations. Therefore, here’s why you need a sexual harassment attorney.
Attorney tell you the right path
When you decide to report a sexual harassment case, you need to take certain steps to protect your rights as an employee. At many workplaces, there is a requirement that the company policy requires you to report the case of sexual harassment to the HR department or any of the top-level hierarchy. And in such a situation, a sexual harassment attorney is the best person who can guide you regarding whom you must report the sexual harassment complaint. Along with this, you are going to need an attorney to help you put out a description of the complaint that you will be reporting to HR. This will help you a lot while speaking to HR in person.
Retaliation
Employers have no right to retaliate against the employees who report any sexual harassment incident. But in other situations, it may happen, for instance, a termination, removing you from a project, or any team outings to name a few. In this scenario, you are going to need a sexual harassment attorney to figure out how to form a case against your employer.
Lawsuit
If you feel that the sexual harassment complaint made to the HR department was of no use, and want to proceed with litigation, then the lawyer is there to help you get a ‘right to sue’ letter from the designated government agency. The complaint will be filed under the federal Equal Employment Opportunity Commission (EEOC) or your state’s human rights or civil rights enforcement agency. The agency then will look into the matter and your claim, and then can issue the letter.
With the help of this letter, you can file a civil lawsuit against the employer for the mental, emotional, and physical injury and trauma that has caused you because of the sexual harassment. If you win this lawsuit, then here are the following things that might happen:
Getting back all your lost wages or the raise that you were going to get
All the damages for causing the emotional trauma
If you lost your job during that period then the court might order reinstatement.
Attorney fee and court expenses
If your employer involved any feeling of hatred or uncontrolled behavior, then you might get punitive damages for it.
Do not think that you are weak. You can speak up against sexual harassment and you must. And in such cases, only an experienced Los Angeles sexual harassment attorney would be able to give you the right advice.