Carlsbad Employment Lawyer
Carlsbad Employment Attorney
When an individual clocks into their place of employment in California, they deserve to feel safe and comfortable at that place of work. Unfortunately, no workplace is completely immune from employment law violations. When these violations take place, either at the hands of your employer or a coworker, you may be entitled to forms of compensation. Having the legal support and guidance of a Carlsbad employment lawyer can help ensure the viability of your case.
If you believe your employment rights have been violated, it is essential that you take the necessary steps to hold your employer accountable for their actions or lack thereof. With over 60 years of shared experience among our skilled attorneys, the team at Diefer Law Group understands the intricacies at play in various cases of employment law violations. If you decide the time has come to pursue legal action, we can help by building a compelling argument.
Common Cases Involving California Employment Law
No one deserves to feel unsafe or mistreated at their place of work. However, plenty of individuals have faced things such as discrimination, harassment, and retaliation at their place of employment. These are a direct violation of your employment rights and California labor laws. At Diefer Law Group, we are dedicated to ensuring you and your rights are protected in these cases and that you receive the justice you deserve.
The most common cases of employment law violations we have seen include the following:
- Workplace Harassment: Under California law, you are entitled to a workplace free from any sexual, verbal, or physical harassment or any other form of abusive behavior. This can include both hostile work environment harassment and Quid Pro Quo harassment. Behaviors in the workplace that can be considered harassment can occur when that behavior is offensive, severe, unwelcome, or intimidating.
- Workplace Discrimination: Under both federal and state law, individuals are protected from discrimination based on certain protected classes such as age, sex, race, country of origin, religion, gender identity or presentation, sexual orientation, disabilities, marital status, or veteran status.
- Workplace Retaliation: In California, retaliation can occur when an individual takes a legally protected action, such as reporting sexual harassment or other violations of safety or labor codes, and suffers a negative employment reaction. This can include being demoted or even terminated.
- Unpaid Wages: Under both federal and state laws, employers are obligated to pay their employees for their work. Unfortunately, some places of employment withhold these rightful wages for various reasons. If you have suffered a rest or meal break violation, employment misclassification, or pay adjustments, you may be able to remedy this breach of employment law with a legal claim.
- Leave of Absence Violations: Under the California Family Rights Act and the Family and Medical Rights Act, employers are required to permit you certain periods of unpaid time off for situations such as the birth or adoption of a new child or having to take care of sick family members, or for being ill yourself, and not suffer an adverse employment action such as being fired.
- Wrongful Termination: In California, an employer has the right to fire employees for any reason or for no reason at all. However, they cannot fire you for an illegal reason. These illegal reasons can include being fired based on a protected characteristic such as your race or age or if you report any discrimination or harassment or bring forward a claim of unethical or unlawful conduct.
Diefer Law Group: Fighting for Your Rights as a Carlsbad Employee
Fear of retaliation often silences the victims of employment law violations. At Diefer Law Group, we understand this and are ready to assist you in filing your claim through legal avenues to avoid any adverse reaction from your employer. If you do suffer an adverse reaction in Carlsbad, we have the legal knowledge necessary to hold them liable for this, too.
Our firm can dedicate time and resources to gathering the necessary evidence in your case, including:
- Any correspondence between you and your employer
- Any details regarding the illegal behavior of your employer or a coworker
- Any statements or testimony from other workers or witnesses as it pertains to the instance of employment violation
- Pay stubs or past performance review records
FAQs
Q: What Are Some Forms of Compensation in an Employment Law Case?
A: The type of compensation you could seek in an employment law violation case largely depends on the nature and severity of the violation. However, the most common forms of compensation available can include lost wages, lost benefits, diminished earning capacity, emotional distress, and even punitive damages in very rare cases.
Q: What Is a Hostile Work Environment in California?
A: A hostile work environment can occur in California when the harassment, discrimination, or retaliation you are facing is so pervasive, persistent, and severe that it causes you to become unable to perform the necessary duties of your employment to the same standard you used to before the employment violation behavior began.
Q: What Is the Average Cost for a Wrongful Termination Lawyer in California?
A: It can be challenging to offer an exact number as to the average cost a lawyer might charge for their services in a wrongful termination claim. However, there are several common factors across all cases that can impact an attorney’s fees. These factors include the complexity or difficulty of your case, the duration of the case if the case progresses to court litigation and the experience of your attorney.
Q: Is It Difficult to Prove Wrongful Termination?
A: Yes, it can be difficult to prove wrongful termination in California, which is why it is so important that you retain the services of an attorney who can assist you in building a compelling legal argument for the employment violation. You should gather certain forms of evidence, such as detailed records of certain events, performance reviews, evidence of any discrimination or harassment, and any written communications.
Schedule Your Free Consultation With an Experienced Carlsbad Employment Lawyer Today
If you or someone you know has suffered a violation of their California or federal employment rights, you may be entitled to seek certain forms of compensation and can do so with the assistance of an attorney from Diefer Law Group. Contact our offices today and schedule a free consultation. We are here to help.
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