Los Angeles Employment Lawyer
Los Angeles Employment Attorney
Regardless of your position in the company you work for, you have rights that are recognized by both state and federal labor laws. If your employer violates these rights in any way, you can take legal action to rectify the situation. In doing so, you not only protect yourself from further abuse but also your coworkers and future employees from enduring the same mistreatment.
If you have endured mistreatment at work, you can take legal action with the help of a qualified employment lawyer. Our team at Diefer Law Group has many years of experience in employment law, and we feel confident that we can represent you in any legal scenario.
Diefer Law Group: Your Los Angeles Employment Attorneys
With many years of combined experience as labor lawyers, our team has the experience and resources to build the strongest possible case in your favor. We understand the unique challenges that face California workers and have significant experience representing clients in the legal cases that result. In fact, our experience is unmatched in the Los Angeles area.
We fight for employees because we are passionate about the rights of the worker. Many bosses and companies aim to exploit their workers for profit, but we do not tolerate this. Our mission is to help every worker exercise their employee rights. We strive to create working environments that are conducive to a healthy work life.
Unlike many other law firms, our clients always work directly with our employment attorneys rather than a paralegal. When you work with us, you have access to our undivided attention and as much legal support as you need. We are here for you for the duration of your claim.
When you are looking for a Los Angeles employment lawyer, look no further than the team at Diefer Law Group.
What Is Employment Law?
Employment law is a wide area of the legal system that outlines employee rights as well as how employers must treat their employees. Employers are responsible for providing certain equipment for their employees as well as treating them with a standard level of respect. All these guidelines are outlined in employment law.
An employment law claim may occur when an employee believes that their employer has violated employment law or infringed on the employee’s rights.
Why Do I Need an Employment Lawyer?
Employment law is a complicated area of the United States’ legal system. While there are some basic rights that all employees have, there are also specific rights depending on the employee’s industry and position. Because of this, it can be difficult to identify a claim and properly argue it in court. It is essential to have all the proper information before beginning a case.
Finally, it is important to understand the gravity of your situation. Any time one employee’s rights are violated, it is a threat to employee rights everywhere. We cannot allow employers to get away with predatory tactics. Therefore, it is important to take action as soon as you know that you have a valid claim. If you want to successfully fight back against an employer who is taking hostile action against you, you need an attorney to represent you.
An Employer’s Responsibility
Although the specifics will change based on your position and industry, your employer has a basic responsibility to create a safe and respectful working environment for employees. This means providing safety equipment in accordance with OSHA standards as well as taking action against any harmful or dangerous activity that occurs in the workplace.
Your employer does not need to commit an employment law violation to be liable for the results. It is an employer’s job to protect employees. If one of their employees commits an employment law violation against another employee, it is their responsibility to take action. If they do not, they are liable for an employment law claim from the affected employee.
For example, if you report that your coworker is harassing you, and your employer does not do their due diligence in investigating and stopping the behavior, you may take legal action against your employer for failing to protect you.
To understand employment law, you must understand protected traits. These categories are central to many employment law claims.
A protected trait is a quality for which you cannot be treated differently. These include:
- Gender expression
- Sexual orientation
- Disability status
- National Origin
If a coworker or employer treats you differently, or takes action against you solely because of one of these qualities, it is a clear sign of an employment law claim.
Types of Employment Law Claims
Unfortunately, many workers are unable to identify employment law violations because they do not know the full scope of their rights. Understanding your rights as an employee can allow you to build a claim if your employer has violated employment law.
Our team at Diefer Law Group has experience with all these employment law cases and more. If you have questions or concerns about your situation, we can help you determine whether you have a valid legal claim.
Discrimination is a broad type of employment law violation. In these situations, an employer treats an employee negatively because of one of their protected traits. Examples of discrimination include:
- Passing someone over for a deserved promotion because of their religion
- Failing to hire someone who is qualified because of their gender expression
- Firing someone for being pregnant
- Leaving someone out of important meetings and relevant information because they are gay
These are just some examples of discriminatory practices that occur in the workplace, and your experience may be different than those listed above. If you are unsure whether you are being discriminated against, please talk to one of our attorneys as soon as possible.
Discrimination is not always as obvious as these examples seem. In fact, most employers understand employment law and discrimination, and they will not outright admit that they are treating an employee differently because of a protected trait. Many people who discriminate against others will make other excuses for their behavior to avoid litigation.
Timing is key to unearthing discriminatory practices. Be aware of the information that you disclose to your coworkers and employer. If you recently talked with someone about a protected trait in your workplace, and then suffered punitive action that seemed random or “out of the blue,” discrimination may be to blame.
In California, most employment contracts are “at will,” meaning that an employee may quit at any time and an employer can terminate the contract without cause. However, there are certain reasons for which an employer cannot fire someone. This is confusing for many people. Essentially, an employer does not need a reason to fire you, but they cannot fire you for certain specific reasons.
Wrongful termination may occur because of discrimination, or it may not. Discrimination is one reason why an employer cannot fire an employee, or an employer may not fire an employee because they discovered information about an employee’s protected trait.
For example, if an employer fires an employee after discovering that they are pregnant, it is wrongful termination based on pregnancy discrimination.
Wrongful termination may happen for other reasons as well. Inaccurate information, for instance, can be the cause of wrongful termination. For example, if your boss hears that you have been stealing money from the cash register, they may fire you. If you were stealing, this termination is valid. However, if your coworker started a rumor that you were stealing, but you were not actually stealing, the termination is based on inaccurate information and is considered wrongful termination.
Unwanted sexual conduct is not conducive to a healthy and productive work environment. Unfortunately, this does not stop it from happening with alarming frequency.
Sexual harassment is unwanted sexual attention, advances, jokes, or comments that happen in the workplace. It can also be requests for sexual favors or attention in exchange for promotions, information, etc. This type of harassment is called “quid pro quo” or “this for that.”
Remember, most sexual activity in the workplace is sexual harassment, as there is little need for sexual content in most workplaces. The only type of sexual activity that is not harassment is if it is consensual, but this may be against your workplace guidelines, depending on the company you work for.
Hostile Work Environment
In some circumstances, employees may be privy to the inner workings of a business. If the employee witnesses or suspects illegal activities, they have the right and responsibility to report the activity to the authorities. This is called whistleblowing.
Although whistleblowing may have a negative connotation, it is a service that employees do for the greater good. In fact, many white-collar crimes, such as fraud or embezzlement, are prosecuted because a brave employee identified and reported the activity.
It is important to understand that your employer may not fire you or punish you for whistleblowing, even if your report ends up being false. As long as you made the report in good faith, and with a genuine concern for the law, your employer cannot take action. If they do, it is considered retaliation.
Retaliation occurs when an employer takes action against an employee for reporting unlawful behavior. This may be whistleblowing, as described above, or it may be reporting other malfeasance in the workplace. For example, if you report sexual harassment, your employer cannot punish you for doing so.
Retaliation is strictly illegal in California, and it takes many different forms. Examples of retaliatory behavior include:
- Firing or demoting
- Freezing out or ignoring
- Being left out of important meetings or information
- Being unusually harsh or strict
Although there may be some awkwardness after reporting certain behaviors, you should not feel as though your job or reputation are on the line. If you do, your employer may be retaliating against you.
Los Angeles Employment Lawyers FAQs
Q: How Do I Get Advice on Employment Law?A: Contact a qualified employment attorney. Our team is here to answer any of your questions about employment law as well as offer advice about how to approach the situation. Our clients come to us with a wide variety of scenarios, and we offer personalized advice for each situation. A consultation is the first step in beginning the process. During your consultation, we can discuss your situation and see if you have grounds to take legal action against your employer.
Q: How Much Is a Wrongful Termination Claim Worth in California?A: The average wrongful termination settlement is between $5,000 and $90,000. This is a wide range, but the total ultimately depends on the severity of the offense as well as the amount of damage that it caused. If your reputation or career was ruined by the termination, you will likely receive more money than you would if you were able to find a similar position with relative ease. Our attorneys may be able to give you a personal estimate.
Q: Can You Sue for a Hostile Work Environment in California?A: Yes. California law aims to protect workers, so if your employer is creating a toxic work environment for you, you may take legal action. Be sure to retain all emails, messages, and other correspondence between you and the person or group that is creating the environment. Document any in-person incidents and reports that you make. Our attorneys can help you build a case against your employer for creating a poor work environment for you and your coworkers.
Q: How Do I Report a Bad Employer in California?A: The Labor Enforcement Task Force is a government agency that aims to record and rectify any employment law violations. To make a report, find an attorney to represent you. With an attorney’s help, you can file a claim with the task force as well as begin to build any legal claim that you may have. You may be able to both file a claim with the government and build your own claim in court.
Q: How Much Does an Employment Lawyer Cost?A: All lawyers charge differently, so it is important to speak with potential attorneys about their fees. Some firms charge an hourly rate, while others take a percentage of your settlement if you win. In any case, you need to be financially prepared for your claim. The most effective way to do this is to have an open and honest discussion with potential attorneys about their fees and payment structure.
Contact Diefer Law Group
Our team at Diefer Law Group has been passionately representing employees for many years. We understand the unique challenges that California workers face, and we work diligently to protect you in your legal claim. We have vast resources and information at our disposal, and we believe that we can build a strong case in your favor.
For more information about employment law, your situation, or to begin building your claim, please contact Diefer Law Group today.