Newport Beach Employment Lawyer
Newport Beach Employment Attorney
If you feel like you are being treated unfairly at your place of work in Newport Beach, California, you may be experiencing violations of the rights you are entitled to under California employment law. These violations can be difficult to prove, but having the legal support and guidance of a Newport Beach employment lawyer can make all the difference if you decide to file a claim to hold your employer responsible for any damages.
The complex legal system that covers employment law can include several areas of practice. These can include wage violations, sexual harassment, discrimination based on age or religion, wrongful termination, not being allowed meal breaks, and many other violations of employment law. At Diefer Law Group, our attorneys have over 60 years of shared legal experience fighting to protect our client’s rights in a wide range of employment cases.
Common Workplace Violations in Newport Beach
An employer might commit several workplace violations in Newport Beach. These violations can include the following:
- Wage and Hour Violations: Some of the most common workplace violations concern an individual’s wage and hour rights. These violations might occur if your employer fails to provide you with pay stubs that include detailed information or if your employer classifies you as “exempt” and, therefore, does not permit you overtime pay.
Violations could also occur if your employer does not meet minimum wage requirements and does not allow you time to prepare for tasks.
- Sexual Harassment: There are three main forms of sexual harassment that can take place in the workplace. These include unwanted physical contact such as groping, touching, kissing, or other acts that may border on sexual assault.
These acts are unwelcome and are committed without consent. This could create a hostile work environment where employees cannot perform their job duties. Quid pro quo harassment is the exchange of benefits for sexual favors.
- Workplace Discrimination: Workplace discrimination is an all too common occurrence. It can happen based on an individual’s sex, gender, sexual orientation, gender identity, religion, race, skin color, country of origin, disability, age, pregnancy, medical condition, genetic information, or marital status. All acts of discrimination based on these factors are illegal in the state of California.
- Workplace Retaliation: Workplace retaliation can occur when you suffer a negative consequence in your employment for an illegal reason. This can include being terminated, demoted, or given a poor performance review when not exchanging certain sexual favors, after reporting an act of discrimination, or after reporting a violation of state or federal employment law.
- Wrongful Termination: In California, your employer can terminate your employment for any reason or no reason at all unless that reason is illegal. Wrongful termination occurs when you are terminated from your job based on an illegal reason, such as discrimination, harassment, or whistleblowing.
- Missed Meal and Rest Breaks: In California, your employer may be violating your rights to meal and rest breaks if they do not provide you a certain length of time for meal or rest breaks when working certain shifts.
- Family and Medical Leave Act Violations: The Family and Medical Leave Act allows employees to take off a certain period of job-protected unpaid leave under certain conditions. These conditions include the birth or adoption of a new child, caring for a family member with a serious medical condition, or taking care of yourself when suffering a serious medical condition.
- Data Privacy: A data breach violation can occur and allow private and protected information to be leaked from a system or database at your place of employment. Confidential information that may be affected can include your legal name, your residential address, your Social Security or driver’s license numbers, your bank account details, your passport details, your insurance policy information, and medical records.
If you have suffered any of these violations at your Newport Beach place of employment, you could be entitled to financial compensation to recover the damages. The attorneys at Diefer Law Group are here to help.
Diefer Law Group: Defending You Against Employment Law Violations
At Diefer Law Group, our team of professional and experienced attorneys is ready and eager to fight for your rights under both state and federal employment law. We are here to assist you in building a legal strategy that establishes the facts of your claim. We can handle all negotiations with your employer, their legal team, and their insurance provider while you focus on your rest and recovery.
Even the most seemingly straightforward employment law disputes can become complex and confusing for anyone who does not have an in-depth knowledge of the legalities surrounding these cases. Deciding to hire an employment law attorney from Diefer Law Group can be one of the most important and critical decisions you make regarding violations of your employment rights.
When you choose to work with our legal team, you can be confident in knowing you have the right people in your corner.
Damages Recoverable in Employment Law Claims
There are several damages you could recover in your employment law claim, depending on the nature and severity of the violation. These forms of compensation can include:
- The recovery of any lost wages, such as front pay or back pay
- Any pain and suffering damages
- Medical bills for hospitalization, surgery, procedures, medications, treatments, counseling, physical rehabilitation, or therapy
- Court and legal fees, including filing fees or attorney fees
- What you would have received if you had been promoted but were not due to an illegal and discriminatory reason
- Reinstatement to your position of employment if desired
- The loss of your ability to earn in the future
- Permanent disability benefits
- Temporary disability benefits
- Punitive damages should the courts deem it appropriate in your case
When facing an employment law violation in California, it is wise to seek out the counsel of an attorney who can review the details of your case and help determine which forms of compensation you may be eligible to receive.
Laws All Newport Beach Employees Should Be Aware of
There are several state and federal laws one should be aware of, especially when deciding to file a claim against your employer. These laws include:
- The Family and Medical Leave Act. This is a federal law that allows individuals to request job-protected, unpaid leave to care for ill family members, care for themselves, or welcome a new baby into the family.
- The Americans with Disabilities Act. This is a federal law that makes it illegal for acts of discrimination to occur based on someone’s disability.
- The Fair Employment and Housing Act. This is a California state law that makes it illegal for acts of discrimination to occur based on someone’s age, sex, race, disability, gender, marital status, etc.
- The Age Discrimination in Employment Act. This is a federal law that forbids age discrimination against individuals who are 40 years old or older.
- The California Family Rights Act. This is a state law that permits employees to take unpaid, job-protected time off to care for their own illness or the illness of a family member.
- The National Labor Relations Act. This is a federal law that protects individuals working in the private sector and allows them to form unions, collectively bargain, and ultimately improve their working conditions should they decide to do so.
FAQs
Q: Can I File a Claim Against My Employer for Emotional Distress in California?
A: Yes, in certain cases, you could file a claim against your employer for emotional distress. This can happen in cases of sexual harassment, wrongful termination, racial discrimination, or other forms of discrimination. These can be complex legal matters, and having the assistance of an employment law attorney can make all the difference in the outcome of your claim.
Q: What Are the Rights Workers Have in California?
A: There are several rights you are entitled to in the workplace in California. These can include the right to meal and rest breaks, the right to privacy, the right to workplace safety, the right to fair wages, the right to protection from harassment and discrimination, the right to protection from workplace retaliation, the right to sick leave, the right to the Family and Medical Leave Act, and the right to protection from wrongful termination.
Q: When Should an Employment Lawyer Be Hired in Newport Beach?
A: It is wise to consult with a Newport Beach employment lawyer as soon as you believe your employment rights are being violated. The sooner a lawyer can begin building your case, the better your chances are of recovering compensation in your claim and doing so in a smooth and time-effective manner.
Q: What Are Some Examples of Workplace Retaliation That Do Not Include Being Fired or Demoted?
A: When individuals think of workplace retaliation, they often think of employees being fired or demoted, but there are, in fact, several other forms of workplace retaliation that can take place. These include suffering verbal threats from your superiors, having false rumors spread about you in the workplace, suffering an unreasonably poor performance review, or being transferred to a less-than-desirable position.
Speak with a Trusted Newport Beach Employment Lawyer Today
If you are an employee in the state of California and you believe your rights have been violated, the attorneys at Diefer Law Group are here to help. Contact our offices today to schedule your free consultation and learn more about our legal services.
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