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Laguna Beach Employment Lawyer

Laguna Beach Employment ATTORNEY

The labor laws in California are generally fiercely protective of the state’s employees, but there are always certain employers who might go out of their way to avoid treating their workers with respect under these laws. As a worker in California, you have certain rights that cannot be infringed upon by your employer without significant legal recourse. If your workers’ rights may have been violated, speak with a Laguna Beach employment lawyer today.

Best Laguna Beach Employment Lawyer​

What Can an Employment Lawyer Do for You?

Above all else, an employment lawyer’s goal is to preserve the rights of their clients under California labor laws. You shouldn’t have to worry about rights violations when you are just trying to do your job. Employment lawyers help their clients through significant times of legal strife involving their employers, their rights, and their jobs. Many of the workers dealing with legal situations may be unaware of the full scope of their rights as California workers.

Some employers may use this unawareness to their advantage and try to manipulate or gaslight their employees into thinking they don’t have any rights. If you are ever concerned that you are being taken advantage of, you should bring these concerns to an employment lawyer. They can help you understand your rights and fight to preserve them. California’s labor laws were established to protect employees in situations involving discrimination, unfairness, and more.

It is absolutely necessary for a productive work environment that you understand and stand up for your rights as a California worker, especially when your employer tries to infringe upon those rights for their own benefit. Recognizing potential situations that could turn into a legal case against your employer can help you prepare for the worst. Here are some possible situations that could occur in the Laguna Beach workplace and might require the aid of an employment lawyer to fully resolve :

Meal and Rest Breaks

Every qualifying employee in California is entitled to rest breaks throughout their shift. In fact, it is illegal under California state law for employers not to provide their workers with the opportunity to take breaks during their shifts. It is also illegal for employers to prevent qualifying employees from taking an unpaid meal break for at least 30 minutes if they have worked for five hours straight.

It’s no secret that employees need rest to stay functional throughout the day. Above all, employers should always treat their employees as fellow human beings. If your employer is refusing to allow you some time to rest or not letting you take a meal break, you may have significant cause for legal action due to labor exploitation. Consult an employment lawyer to find out if you have a strong enough case to pursue such a claim.

Workplace Discrimination

It is a federal crime to discriminate against an employee in the workplace by singling out their protected class. Such behavior is prohibited by the Equal Employment Opportunity Commission (EEOC). You should see a skilled employment attorney if you have been discriminated against as a result of your:

  • Race
  • Age
  • Skin color
  • Sexual orientation
  • Gender identity
  • Disability
  • Religion
  • Ancestry
  • National origin
  • Pregnancy

Accusing your employer of workplace discrimination is a big deal, so you want to make sure you have sufficiently compelling evidence. Before pursuing a legal claim, you may want to speak with your direct supervisor or your company’s HR department. If that does nothing, you may want to file a complaint with the EEOC and speak with an employment lawyer about filing a legal claim for workplace discrimination.

Overtime Violations

California’s comprehensive labor laws make it illegal for companies to withhold overtime pay from employees who have worked overtime hours. Every non-exempt employee is supposed to be given overtime pay worth 1.5 times their hourly rate for every hour they work past their standard shift. If your employer refuses to pay you the overtime you are owed, contact an employment lawyer.

Ethics Investigations

In some cases, there may be something suspicious or even illegal happening within your company, and you may not be in the most optimum position to investigate it yourself. Still, you want somebody to look into this behavior. It is important for a company to maintain a strict ethical code of conduct. You can bring your concerns to an employment lawyer, who could find evidence of wrongdoing.

Disability Discrimination

State and federal laws both prohibit discrimination on the basis of somebody’s disability. During the hiring process, it is considered an unfair hiring practice to refuse to hire someone simply because they have a disability. Your employer is required to provide all employees who have disabilities with reasonable accommodations that can make their job performance easier to handle.

Reasonable accommodations can include anything that makes your working experience easier, within reason. Examples include a flexible work schedule, modified break times, extra training, or even just a different kind of chair. If your employer is refusing to provide any form of reasonable accommodations, you may want to bring your concerns to an employment lawyer. They can build a case against your employee for discrimination.

Family and Medical Leave

The federal Family and Medical Leave Act (FMLA), as well as the California Family Rights Act (CFRA), both let eligible employees take a certain amount of unpaid leave to handle a variety of medical situations, such as an illness, surgery, recovery from an injury, and parental leave for newborn babies or newly adopted children. Both forms of leave allow you to take time off to help a family member with medical issues, too.

If you qualify for either FMLA or CFRA leave and your employer refuses to allow you to take it, or even threatens your job if you do, you should bring your concerns to an employment lawyer. They can develop a case against your employer for denying you your work benefits.

Wrongful Termination

California is an at-will employment state, which means your employer does not need a reason to fire you. They can do so whenever they want. Even so, there are certain situations where your employer cannot fire you without significant legal recourse. For example, if your employer fires you because you belong to one or more protected classes, it could open them up to a wrongful termination claim.

Your employer also cannot fire you out of retaliation if you were to do or say something against the company. If firing you were to violate the terms and conditions of your employment contract, that may also be grounds for wrongful termination. If you may have been wrongfully terminated, seek out an employment lawyer and start building a case to pursue compensatory damages.

FAQs

Q: How Do I Know If I Am Entitled to a Workplace Accommodation?

A: California state law requires your employer to investigate whether you are entitled to a reasonable accommodation. Every employer in the state that has five or more employees must provide reasonable accommodations to anyone who has a mental or physical disability. Employers do not have to accommodate if the request is considered unreasonable. If you have a documented disability, the paperwork can help your employer make a determination.

Q: How Do I Know If My Employer Has Retaliated Against Me?

A: You will know if your employer is retaliating against you if you suddenly start experiencing undue hardships at work after going to the authorities in the company about illegal activity or harassment. If your workplace is suddenly hostile, your pay has decreased, or you have been demoted, that can be a telltale sign of retaliation. Be sure to document this treatment as much as you can. Then, see an employment lawyer about what to do next.

Q: What Is Considered a Hostile Work Environment in California?

A: A hostile work environment in California is considered any workplace where you feel unsafe, harassed, threatened, intimidated, or uncomfortable. Any number of awful treatments can lead to a hostile work environment, such as:

  • Bullying
  • Sexual harassment
  • Workplace discrimination
  • Unwanted touching
  • Various offensive conduct

A hostile work environment will impact your job performance and could lead to penalties from your employer. You may want to report this behavior.

Q: What Are Three Rights Workers Have in California?

A: Thanks to California’s protective labor laws, workers in the state have a lot of rights that are well-protected by statewide legislation. Three of these rights include the right to paid sick leave, the right to a fair wage, and the right to family and medical leave. Those are just three of the many rights California workers are entitled to.

Contact an Employment Lawyer Today

It is a big decision to bring legal action against your employer for a workplace violation. It should not be taken lightly. You may want to consider consulting an experienced employment lawyer to find out what your options may be for pursuing legal action. A good lawyer can help you understand the details of your claim and figure out what measures to take next.

Diefer Law Group, P.C., understands the kind of support you will need to pursue such a claim. We can develop your case further, look for evidence you might need, and make sure you aren’t taken advantage of by your employer. Contact us to schedule a consultation.

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Diefer Law Group, P.C.

Irvine

2030 Main Street
Suite 1356
Irvine, CA 92614

(949) 799-1860

San Diego

12636 High Bluff Drive
Suite 400
San Diego, CA 92130

(619) 728-3990

Los Angeles

355 South Grand Avenue
Suite 2450
Los Angeles, CA 90071

(213) 973-6142

Riverside

6670 Alessandro Blvd
Suite H,
Riverside CA, 92506

(951) 470-1862

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34204 Pacific Coast
Highway
Dana Point, CA 92629

(949) 799-1534

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By contacting Diefer Law Group, you agree to receive emails, text messages, and phone calls regarding your legal inquiry, which may be considered advertising material. Emails, text messages, and phone calls may be automatically generated using the information from this contact form to better coordinate communication. You understand that your consent to this is not necessary to obtain legal services from Diefer Law Group. Messaging and data rates may apply.