Employment Law

California employment law can be complicated and involves statutes, case law, federal regulations, and constitutional rights. My firm has handled cases in state and federal courts against corporations, school districts, government agencies, hospitals, and other entities. I will initiate an immediate investigation, identify legal issues in your case, and aggressively pursue your rights involving employment contracts, sexual discrimination, harassment, wage and hour disputes, FMLA and wrongful termination.

What is Wrongful Termination?

When a person is fired from their job for reasons that are illegal, their employer has engaged in wrongful termination. Not all cases of job dismissal are matters of wrongful termination, however, especially in states or companies where the employment is “at-will.”

Wrongful termination occurs when someone’s dismissal is related to race, gender, ethnic background, religion, or disability.  It also includes instances where termination is a breach of contract between the employer and employee.

If you’ve been fired and feel as though you’ve been wrongfully terminated, it’s important not to lash out or act on any negative instincts. Instead, contact me. We can look at your employment contract. In addition, inquire about the reasons for your firing and request to see your personnel file. In addition, be sure to collect important information about your termination in writing. This can be helpful later.

Were you wrongfully fired or received unfair compensation?

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Wage and Hour Violations

In California, there are very specific laws related to meal breaks, rest breaks, and wages. Failure to adhere to these rules can result in stiff penalties for employers who violate them. The state requires mandated rest breaks for employees who work shifts that are longer than 10 hours; in addition, employees who work more than 12 hours in one day or more than 8 hours on the seventh consecutive day of work may be entitled to double-time. It’s important to keep track of your work hours for these very reasons.

In addition, if you are fired you may receive your final paycheck immediately. If you give at least 72 hours’ notice to your employer that you are quitting, you are entitled to receive your final paycheck immediately. Late paychecks may entitle you to a “waiting time” penalty.

Workplace Discrimination

California takes workplace discrimination very seriously and bars employers from discriminating on the basis of race, religion, ethnicity, disability, genetic information, sex, gender, gender identity or expression, age, or sexual orientation. Employers cannot require you to speak only English in the workplace unless there is a business necessity; consequences for violating the restriction must also be clearly posted.

It should be noted that California's anti-discrimination laws are written and interpreted more broadly than with the federal law.

If you feel as though you have been discriminated against or wrongfully terminated by your employer, you should contact an experienced attorney. I can help determine whether or not you have a case. We'll explore your options and work on a plan to find the optimal resolution to your issue.

Downey, CA Employment Law Attorney

If you’ve been treated unfairly by an employer or discriminated against in the workplace, you need experienced, dependable legal representation to resolve your issue. California labor laws place high expectations on employers to provide a safe work environment with fair labor practices and experiences. Call me today for a free consultation regarding your concerns related to fair compensation, wrongful termination, or workplace discrimination.