Irvine Employment Lawyer
Irvine Employment Attorney
Whether you love your job or simply view it as a way to support your family, you have the right to feel safe in the workplace. Although the danger of one’s job depends on their industry and position, every employer has strict guidelines that they need to follow to protect their employees from harm. If they fail to meet these standards, or allow unhealthy behavior to occur, they are liable for the resulting damages.
Many employees do not know their rights concerning their employment, which results in employers taking advantage of the labor force and lapsing on key protective requirements. If you are an employee in the Irvine area, it is essential that you understand your rights as well as how to take legal action if something dangerous should occur.
Our team at Diefer Law Group has many years of experience with employment disputes, and we are here to help you.
Diefer Law Group: Your Orange County Employment Lawyers
With decades of combined experience in employment law, our team is well-positioned to represent you in your employment law case. Our employment attorneys work diligently for each client to create a case that is personalized to their unique situation. In doing so, we find that our arguments and counterarguments are more effective and leave less room for dispute.
Unlike many law firms, you work directly with our employment lawyers when you hire our team. No paralegal or other representative will handle your claim. During the entirety of your case, you collaborate closely with our attorneys to develop a solution to your problem that is comprehensive and complete.
We fight diligently for our clients, regardless of the type of case or severity of the infraction. No employer should be able to mistreat their employees without facing swift legal consequences. Our team is here to facilitate those consequences and protect your rights as a member of the labor force.
What Is Employment Law?
Employment law is a set of legal standards that outline employee rights, employer rights, and how employers must treat their staff in the workplace. Every state has different employment laws, but many of the basics are the same. These laws aim to protect employees from, among other things:
- Unsafe working environments
- Labor exploitation
- Hostile work environments
- Sexual harassment
- Discrimination
An employee may file an employment law case when their employer has failed to protect them at work. Examples include:
- Failing to provide proper safety equipment for an employee’s position
- Allowing harassment of any kind to continue without punishment
- Discriminating against an employee for a protected trait
- Firing an employee for an illegal reason (wrongful termination)
- Denying family or medical leave when an employee is eligible
- Retaliating against an employee for whistleblowing activity
Why Do I Need an Employment Attorney?
Employment law cases can be complicated, and there are a lot of potential consequences if things do not go as planned. The laws surrounding these infractions vary by industry and type of employer, which means that it can be difficult to definitively identify a case. An attorney can analyze your situation and help you determine whether an employment law claim is appropriate.
Most employers have legal resources at their disposal. Whether your company has an in-house attorney or contracts with a firm, you will be facing a team that has significant experience in employment law defense. If you attempt to argue your own case, you will likely run into issues that are beyond your training and ability to handle. When facing this kind of opposition, it is to your benefit to hire legal representation of your own.
If you choose to pursue an employment law claim, it is important that you make a strong effort to win. Your employer may be hurting other employees or engaging in additional illegal practices aside from your situation. By fighting for your cause, you may be helping other employees as well. An attorney gives you the resources to build a stronger case and more effectively argue it in court.
Protected Classifications
Discrimination creates a significant portion of family law claims. This offense occurs when an employer or coworker treats an employee differently or poorly because of a protected classification. Examples of protected classifications include:
- Age
- Sexual orientation
- Gender or gender expression
- Race, ethnicity, or national origin
- Religion
- Disability status
If you have been treated differently because of one of the above traits, you likely have a valid discrimination claim. Our team can help you determine whether you have a case, and we can begin to build your argument if you do.
Harassment
Harassment is another key cause of employment law cases. The actions vary, but harassment is any unwelcome conduct that occurs because of a protected trait. Sexual harassment is unwelcome conduct that is based on sexual or typical romantic actions.
In some cases, you may need to ask your harasser to stop or report the behavior to human resources before you can take any legal action. In many situations, a harasser does not realize the effect that their actions have until after they are alerted to stop.
Other actions, such as sexual or violent contact, are more obvious. Employees should know that these activities are inappropriate for the workplace and may not need a “warning” before they can be prosecuted.
Wrongful Termination
California employers have the right to fire or lay off their employees without cause. However, there are certain reasons that may not trigger the termination of employment. If an employer terminates an employee’s contract for a protected reason, the employee has the right to file a wrongful termination claim.
Examples of protected situations include:
- Pregnancy
- Requests for reasonable accommodation
- Family and medical leave absences
- Retaliation
- Discrimination
Although most employers will not outright admit that they have fired you for an illegal reason, the timing can easily be suspicious. If you believe that your employer fired you for an illegal reason, you need to hire an Irvine wrongful termination attorney right away.
Assembling Evidence
All employment law claims are different and therefore require different types of evidence. Your attorney can help you identify potential pieces of evidence in your case and work to collect them. Common types of evidence include:
- Emails, text messages, and other electronic communication
- Employee files
- Coworker statements and eyewitness accounts
- Contracts
There will likely be additional forms of evidence available in your claim. Trust an attorney to help you with this complicated area of your case.
Employment Attorneys FAQs
Contact Diefer Law Group
Q: How Much Does an Employment Lawyer Cost in California?
A: The average hourly rate for a California employment lawyer is between $98 and $450 per hour. The rate depends on the attorney’s experience and the complexity of your case. Be sure to discuss rates and costs with potential attorneys before you hire them. That way, you can prepare for the financial responsibility of your case and retain legal counsel for the duration of the legal process. In some situations, your settlement can include the cost of your attorney.
Q: What Questions Should I Ask an Employment Lawyer?
A: When hiring an employment lawyer, ask about their experience in the field, as this is the most important factor to look for when evaluating potential attorneys. Ask about any specific cases that they have experienced that are similar to yours, as well as how they plan to build and argue your employment law claim. You should also be sure to inquire about their costs and fees so that you can be sure that you can afford their services for the duration of your legal case.
Q: What Does a Legal Employment Advocate Do?
A: An employment attorney can help you and your employer find a resolution to your dispute while keeping the law in mind. Employment law is a large section of the legal system, and a legal employment advocate can help to make sure that all the rules and laws that pertain to your case are properly followed. In some cases, you can solve your issue with a single employment advocate in mediation, while litigation is required in other situations.
Q: How Much Do Lawyers Take From Employment Settlements in California?
A: The average percentage that an attorney takes from an employment settlement is 30%. However, some lawyers charge hourly instead of taking a percentage. Be sure to discuss finances with any potential attorneys to make sure that you are prepared to pay them for their services. Whether they take a percentage or charge hourly, you are financially responsible for the cost of your attorney.
Our team at Diefer Law Group is here to help with any employment law scenario that you may be facing. To learn more, or to schedule a consultation with our experienced employment law attorneys, contact Diefer Law Group today.
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