Types of Employment Cases We Handle:
California wrongful termination law provides remedies to employees who are fired, or otherwise lose their jobs, for unlawful reasons.
Most employees in California are at-will employees, so their employer can terminate their employment at any time for almost any reason.
However, there are exceptions to the termination of at-will employees under California law. If your employer fires you in violation of an implied contract or in violation of public policy, you may have a right to compensation.
Furthermore, California employees have the right to be free from the following:
- In violation of the Fair Employment and Housing Act,
- As a form of whistleblower retaliation,
- In violation of the Sarbanes-Oxley Act's whistleblower protections,
- Because of the employees' political speech or activities outside of work, and
- As retaliation for a qui tam lawsuit
Wage and Hour Law
California wage and hour law sets minimum standards for
- Minimum employee pay,
- Required employee breaks, and
- Hours and overtime.
All California employers must comply with minimum wage laws and provide employees with meal and rest breaks.
Employers must pay overtime to non-exempt employees who work more than eight (8) hours a day or forty (40) hours a week.
If you believe that you have been the victim of a wage/hour violation by your employer, we can help.
The California Fair Employment and Housing Act (FEHA) protects employees from harassment in the workplace. This protection encompasses "sexual harassment," "non-sexual harassment," and "hostile work environments."
If you believe that you has experienced any of the above acts or enviroment, we can help. We can walk you through the mandatory steps for filing a complaint with the California Department of Fair Employment and Housing (DFEH). Then, if you so elect, we can file a lawsuit against your harasser and/or your employer once the DFEH issues you a "right to sue" notice.
California employment discrimination law prohibits employers from discriminating against employees based upon their
- race or ethnicity,
- national origin,
- sexual orientation,
- pregnancy, or
Employment discrimination, like workplace harassment, is prohibited by the California Fair Employment and Housing Act. The difference between the two is that:
- Harassment involves behavior by supervisors or coworkers that is outside of their job description--such as abusive remarks or sexual propositions.
- Discrimination, on the other hand, involves normal job functions - such as hiring, firing, and setting work conditions - that are conducted in a discriminatory way.
If you feel that you have been the victim of employment discrimination, we can help you file a discrimination complaint with DFEH and, if necessary, file a discrimination lawsuit against your employer.
Family and Medical Leave Laws
California employees have the right to various forms of family and medical leave under laws that include
- The California Family Rights Act (CFRA),
- The federal Family and Medical Leave Act (FMLA),
- The New Parent Leave Act, and
- Pregnancy Disability Leave under the (CPDA).
The CFRA and the FMLA give employees the right to take up to twelve (12) weeks of unpaid leave to care for a newborn biological child, a newly adopted child, a seriously ill family member or a serious illness of their own. These family and medical leave laws only apply if:
- You have worked for your employer for at least (1) year,
- You have worked for that employer for at least 1,250 hours in the past year, and
- Your employer has at least fifty (50) employees working within seventy-five (75) miles of your work site.
The CPDA give employees the right to take an additional leave of up to four (4) months for periods when you are incapacitated due to pregnancy or childbirth.
Furthermore, California employment law requires employers to provide other forms of employee leave, including
- Paid sick leave,
- Alcohol and drug rehabilitation leave,
- Voting leave,
- Leave to serve on a jury or comply with a subpoena,
- Leave to obtain or attempt to obtain relief from domestic violence, sexual assault or stalking,
- Leave for victims of crime,
- Leave to participate in children's school activities,
- Leave to receive literacy education, and
- Bereavement leave (if in company policy).
Our attorneys can also help you file complaints with administrative agencies, such as
- The California Labor Commissioner,
- The California Department of Fair Employment and Housing,
- The United States Department of Labor, and
- The United States Equal Employment Opportunity Commission.
We can also walk you through the arbitration process of your employment dispute, which is sometimes required by your employment contract.