Employment Issues

Our firm has extensive experience in representing employees in labor cases. We have tried cases that include wrongful terminations, sexual harassment, discrimination, harassment and retaliation. In many cases, payment of attorney's fees in based upon statute and will be awarded to the prevailing party.

Wrongful Termination:

If your employer fires you for no good reason, you could have a lawsuit for Wrongful Termination.

These types of cases occur every day in our city. Employers believe that they can fire an employee for no reason. Many employers even have their employees sign documents saying, “We can Fire you for Any or No reason”, hoping that this will protect them from wrongdoing. But, don’t assume that if you are terminated, you don’t have a lawsuit. We have been successful overcoming these “At Will Agreements”.

While, California is an “At Will” employment state, there are limitations on how and why an employer can fire you. Certain, identifiable characteristics, such as your race, creed, national origin, sex, or sexual preference cannot be used as a basis for termination.

Employers cannot terminate your for complaining about being sexually harassed, “blowing the whistle”, or refusing to do something unlawful on the job.

Also, if you are a long term employee (working for the same employer for more than 6 years), you could have an “implied” right to keep your job unless you do something drastically wrong at work.

Sexual Harassment:

Employers or co-workers who create a hostile work environment because of sexual comments can be sued for Sexual Harassment.

Employers or co-workers who use sex to make workplace decisions, giving work place favors or promises of job security, pay raises, or promotions can be sued for Sexual Harassment.

Employers who submit to the sexual pressure can still sue. In fact, these are some of the most provable cases.

Discrimination:

Employers are forbidden by the law from making employment decisions primarily using an employee’s race, creed, national origin, age, sex or sexual preference.

If you feel that you have had such an occurrence in your work place, file a claim with the EEOC (Equal Employment Opportunity Commission) www.eeoc.gov of the state DFEH (Department of Fair Employment and Housing) www.dfeh.ca.gov.

If warranted, the commissions will issue a “Right to Sue” letter and you can hire a lawyer to sue your employer. Because you file with the EEOC or the DFEH, your lawyer can sue for attorney’s fees as part of the lawsuit. If you win, the employer pays your lawyer.

Wage and Hour Disputes:

If you are not getting paid by your employer, not getting the right pay or not given breaks, you could file a claim with the Labor Commissioners Office, http://www.dir.ca.gov/DLSE/.

This commission oversees the correct and lawful application of wage and labor laws in California. Make sure that you keep records of you hours and have witnesses before you file your claim.

This agency will hear your dispute and if warranted, award you back pay, and additional compensation for having to force the employer to pay the correct compensation.

Unemployment Compensation:

Generally speaking, if your employer terminates your employment for reasons other than your bad conduct, you are entitled to Unemployment Benefits. Go to their web site for further information http://wwwedd.cahwnet.gov/.