Gardena Employment Lawyer
Gardena Employment Attorney
If you believe that your rights to fair wages or safe working conditions have been violated in the state of California, you may have grounds to file a claim against your employer. You might have been injured at your place of work, become subjected to sexual harassment, or are dealing with unfair meal and rest breaks. Whatever violation you are facing, a Gardena employment lawyer is essential when seeking a positive outcome to your claim.
Under California state and federal laws, every employee, regardless of their immigration status, is entitled to a specific set of rights. If those rights are violated by an employer, you have the legal right to hold your employer liable for the damages that result from the violation. At Diefer Law Group, our attorneys have over 60 years of combined experience fighting for clients facing these cases. We are ready and able to help you.
Common Employment Law Cases We Handle
Our legal team can assist you with several employment law cases. Some of the most common employment law cases we can handle include:
- Wrongful Termination: Even though California operates as an at-will state, which means an employer can terminate you for any reason or no reason at all, they cannot terminate your employment for an illegal reason. Your employer cannot fire you based on any discriminatory characteristics or in an act of retaliation. If they do so, you have grounds to file a claim against them.
- Sexual Harassment: In California, there are three main types of sexual harassment that can occur in the workplace. Quid pro quo is when a superior has offered certain benefits or threatened certain acts of relations in exchange for sexual favors.
A hostile work environment happens when the harassment has become so severe and pervasive that it keeps you from performing your job. There could also be unwelcome physical contact, such as groping.
- Discrimination: It is illegal in the state of California for any employee to be treated unfairly or differently based on certain protected characteristics such as sex, age, gender, marital status, pregnancy, disability, creed, skin color, race, religion, nation of origin, medical condition, genetic condition, sexual orientation, or gender identity. If you believe you have suffered discrimination, you have the right to file a claim.
- Wage and Hour Violations: If your employer fails to adhere to certain wage laws, such as minimum wage payments, or violates your rights to meal and rest breaks or overtime pay, your employer is acting in violation of state and federal laws. This violation gives you cause to file a claim for compensation.
- Retaliation: Being wrongfully terminated isn’t the only form of retaliation one might face in the workplace. If you have reported a safety violation or an act of sexual harassment, you may experience a pay cut, demotion, poor performance review, or be otherwise mistreated by your employer. This would give you grounds to file a claim to recover damages.
- Family and Medical Leave Violations: Under both the Family and Medical Leave Act and the California Family Rights Act, individuals have the right to a certain amount of time off to care for themselves when facing a health condition, care for a family member suffering a health condition, or to celebrate the birth or adoption of a new child.
- Workers’ Compensation: If you suffer a work-related injury or illness, you may have the right to file a claim under your employer’s workers’ compensation insurance. An attorney from Diefer Law Group can help.
If you have faced any of these employee rights violations in Gardena, California, it’s time to contact the attorneys at the Diefer Law Group, who can work to protect your rights and hold your employer responsible for the damages they have caused.
Diefer Law Group: Working to Protect Your California Employment Rights
Whatever kind of employment law violation you are dealing with, the team at Diefer Law Group is here to assist you through the claims process. We can gather necessary evidence, negotiate with your employer, their legal team, and their insurance provider, and ultimately represent you in court should your claim move to a trial. We have the experience and resources necessary to file these kinds of claims and seek a positive outcome that will protect your interests.
When you hire the attorneys at Diefer Law Group, you can expect to receive personalized care that is tailored to fit the exact needs of your case. You can rest assured in knowing that you have chosen the right legal team with the delicate nature of your case. We understand that many of these cases can be difficult and should be treated with care and respect. At Diefer Law Group, we’re here to offer you quality legal representation.
What Laws Protect Employee Rights in California?
There are several key laws that protect California employee rights both at the state and federal levels. Understanding these laws better can help you gain a firm understanding of what you are entitled to as an employee in California. The most important laws that pertain to employee rights include:
- California Family Rights Act. This is a state legislature that allows employees to take a certain amount of time off to care for ill family members themselves if they are ill or to adjust to the birth or adoption of a new child.
- Americans with Disabilities Act. This is a federal law that makes it illegal for anyone to be discriminated against due to their mental or physical disability.
- Occupational Safety and Health Act. This is a United States federal labor law that aims to ensure safe and healthy working conditions for all employees.
- Fair Labor Standards Act. This is a federal legislature that creates the right to time-and-a-half overtime and minimum wage for full-time employees. It also prohibits the employment of minor individuals in jobs of “oppressive child labor.”
- Family and Medical Leave Act. This is a federal law that allows employees a certain amount of time off to care for themselves or for family members when suffering from a health condition or to adjust to life with a new baby or a new adoption.
- Worker Adjustment and Retraining Notification Act. This is a federal labor law that protects employees and their families by requesting employers give fair warning of plant closings or mass layoffs.
- Any Gardena or California state minimum wage laws.
Damages Sought Following an Employee Rights Violation
The state of California takes a serious stance on employee rights violations. When employers allow discrimination, harassment, or any other action that violates an employee’s rights, the consequences can be severe. As a victim of employment law violations, you may be entitled to several forms of damages. These can include:
- Lost wages
- Front pay
- Back pay
- The loss of future earning capacity
- Mental anguish
- Emotional distress
- Pain and suffering
- Temporary disability benefits
- Permanent disability benefits
- Lost benefits such as stock options or retirement benefits
- Punitive damages
- Attorney fees
- Wrongful death damages
- Reinstatement to your previous position if desired
- Vouchers for education or job training
If you think you have a right to any of these recoverable damages in an employment law case, an attorney from Diefer Law Group can review the details of your claim and help determine the right course of action to take.
FAQs
Q: Can I File an Employment Law Claim If I Quit My Job?
A: Yes, you can still file an employment law claim even if you quit or lose your job in California. Quitting your job will not have much impact on the validity of your claim. Any rights that you had as an employee will stay intact after you quit your job. An experienced employment law attorney can help you explore your legal options.
Q: When Should an Employment Lawyer Be Contacted in California?
A: An employment lawyer should be contacted if you believe your employment rights in California are being violated. The quicker you engage an attorney, the sooner your claim can be filed, and you can be awarded the compensation you deserve to get back on your feet. Do not waste time when thinking of contacting an attorney. Act as soon as possible.
Q: How Do You Prove You Are Being Treated Unfairly at Work?
A: To prove you are being treated unfairly at work, there are several forms of documentation or evidence that you should keep a record of. You should ensure you keep a copy of all texts, emails, voice messages, or social media interactions that demonstrate the validity of your claim and any physical documentation, medical bills, or eyewitness statements.
Q: Can My Employment Law Case Be Settled Before Going to Trial?
A: Yes, depending on the nature of your case and the cooperation of your employer, their legal team, and their insurance provider, your case may settle before it goes to trial. This can save you both time and money. However, it is wise to trust the opinion of your attorney. If they believe letting your case progress to trial is the appropriate course of action, you should consider it.
Speak With a Trusted Gardena Employment Lawyer Today
If you have suffered a violation of your employment rights in Gardena, California, it’s time to obtain the services of an attorney. Contact the offices of Diefer Law Group today to schedule your free consultation.
Gardena Practice Areas
ES