Fullerton Employment Lawyer
Fullerton Employment Attorney
Every California resident is entitled to certain rights under state and federal law when it comes to their employment. Employers who violate these rights must be held liable for the damages they cause. These claims can be complicated, and when faced with a challenging situation in your workplace, they can become even more difficult. Having the legal support and guidance of a Fullerton employment lawyer can make all the difference in your employment law claim.
If you have recently lost your job because of an illegal reason or have faced discrimination or harassment of any form, you have the legal right to file a claim for compensation against your employer and their insurance provider. Likewise, if you have been injured at your workplace, you have the right to file a claim with your employer’s workers’ compensation insurance. With over 60 years of shared legal experience, the attorneys at Diefer Law Group can help.
Common Kinds of Employment Legal Disputes in Fullerton, California
Typically, an employment law claim or labor law claim in Fullerton will revolve around the relationship between the employer and the employee. One of the key elements of these cases is the fact that the individual employee maintains the right to certain treatment and benefits and is not viewed as an independent contractor. In Fullerton, California, some of the most common kinds of employment law legal disputes include the following:
- Employment Contracts: One of the main reasons for employment law claims involves conflicts that arise over written contracts between an employer and their employees. These contracts can include non-disclosure agreements, non-compete clauses, severance agreements, or pay agreements.
- Violations of Work Safety: When an individual employs others in Fullerton, they must ensure that their workplaces, particularly those of an industrial fashion such as construction sites or warehouses, adhere to all state and federal labor codes. This includes operating in compliance with any Occupational Safety and Health Act regulations so that safe working conditions are maintained properly.
- Whistleblower Claims: If an employee legally reports a violation their employer is taking part in, they are protected under the law. If the employee suffers retaliation at the hand of their employer, such as being fired or demoted, the employee may have grounds for a retaliation or wrongful termination claim.
- Retaliation in the Workplace: If you have experienced adverse consequences or workplace retaliation for exercising your employee rights, such as reporting harassment or discrimination or refusing to take part in certain sexual acts, you may have grounds to file a claim.
- Harassment in the Workplace: When harassment occurs in the workplace, rather it is of a sexual, racial, or other kind of discriminatory nature, the victim has the legal right to file a claim to recover the damages they suffered.
- Discrimination in the Workplace: Discrimination, under state and federal law, can include discrimination based on an individual’s sex, gender, sexual orientation, religion, race, skin color, country of origin, disability, age, or gender identity. It is illegal and prohibited in the workplace.
- Family and Medical Leave Act: If an employer denies an employee’s rights to the Family and Medical Leave Act or FMLA, the employee can take legal action.
- Violations of Privacy: If an employer partakes in unauthorized or illegal recording or surveillance in their workplace, an employee could file a privacy violation claim against them.
- Employment Benefits: Under both state and federal laws, every employee in California is entitled to certain employment benefits, including minimum wage, stock options, and health insurance. If these benefits are delayed or ignored, you could file a claim against your employer.
- Wage Disputes: If conflicts arise between an employer and their employee regarding the employee’s wages, it is likely that a claim may become necessary.
- Workers’ Compensation Insurance Claims: If you become injured on the job or suffer an illness that resulted from something at your workplace, you have the right to file a claim with your employer’s workers’ compensation insurance provider.
If you have been involved in any of the above California employment and labor law disputes and wish to move forward with a claim to recover the damages you have suffered, the attorneys at Diefer Law Group are here to assist you. We can help you navigate these complex legal proceedings and provide the counsel and representation necessary.
Diefer Law Group: Protecting Your Rights as a California Employee
While not legally required, an attorney can make all the difference when it comes to your Fullerton employment law claim or dispute. At Diefer Law Group, we pride ourselves on having a vast range of knowledge and experience related to California employment and labor law violations. Over the years, we have helped countless clients reach their desired outcomes in these claims and legal disputes.
In the United States, many employment law disputes require you to file a claim through the Equal Employment Opportunity Commission, or the EEOC. It can be difficult to navigate the complex requirements and deadlines the EEOC has. Having an attorney by your side every step of the way can be essential. An attorney can help you file your initial EEOC claim and assist you if any further action is necessary after the filing.
Laws That Apply to Most Employment Claims in Fullerton
There are several important laws and acts made in both the state of California and at the federal level that impact all employment claims or law cases in the Fullerton area. These can include:
- The Family and Medical Leave Act. This is a labor law that provides certain employees with job protection and unpaid leave for a certain amount of time in cases of qualifying medical and family reasons.
- The California Family Rights Act. This is a state labor law that grants eligible employees a certain number of weeks off with no pay but with job protection for certain qualifying events. This could include the birth or adoption of a new baby, having to care for a family member with a serious medical condition, or caring for your own medical condition.
- The Occupational Safety and Health Act. This is a federal labor law that aims to ensure all areas of employment have safe and healthy working conditions for all employees.
- The Fair Labor Standards Act. This is a federal employment law that dictates and establishes employment variables such as minimum wage, recordkeeping, overtime pay, and child labor laws.
- The Americans with Disabilities Act. This is a federal legislature that prohibits the discrimination of individuals with disabilities from obtaining fair and reasonable employment.
- The Workers Adjustment and Retraining Notification Act. This is an employment law that assists with assuring that advanced notice be given in instances of mass layoffs or qualified plant closings.
- Any Fullerton or California minimum wage laws.
FAQs
Q: How Much Can an Employment Law Attorney Charge?
A: Due to the variety of employment law disputes and the variety of attorneys available in the Fullerton area to represent these dispute claims, it is difficult to provide an exact estimate of how much an employment lawyer charges. However, many factors can impact these cases, including the total duration and complexity of the case and the attorney’s experience and skill level.
Q: What Damages Are Recoverable in an Employment Law Claim in California?
A: There can be several damages recoverable in an employment law claim in California, and the availability of each one as it pertains to your case will depend on the factors and nature of the case. Damages may include those for front pay, back pay, lost wages, the loss of future earning ability, pain and suffering, medical bills, mental anguish, and, in some cases, punitive damages.
Q: What Is Wrongful Termination of Employment in California?
A: In California, wrongful termination of employment occurs when an individual is terminated or fired due to an illegal reason. Under state law, an employer can fire their employees for any reason or no reason at all unless that reason is illegal. Wrongful termination cases can include being terminated based on discrimination, harassment, or whistleblower retaliation.
Q: How Long Does It Take to Settle an Employment Law Claim in California?
A: The length of time to settle an employment law claim in California can vary in length depending on the case. This is because each claim is different and comes with its own set of nuances and complexities that will impact the timeline of the claim. These factors can include the availability of the courts, the complexity of the claim, and the cooperation level of the other parties involved.
Speak with a Trusted Fullerton Employment Lawyer Today
If you are dealing with a violation of your California and federal labor law rights, it’s time to speak with a professional employment attorney. An attorney can guide you through the steps of filing a claim for compensation.
Our legal team understands that these can be difficult times to navigate and we can assist you during the coming legal proceedings. Contact our offices today to schedule your free consultation and learn how we can help you. With our legal team on your side, you can trust that you are getting the necessary legal representation you need.