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Orange County Employment Lawyer

CALIFORNIA EMPLOYMENT LAW PROTECTS YOUR RIGHTS

Employment Law Attorney in Orange County, CA

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    Employment laws established by California and the federal government define how employers must treat employees. From providing a safe and reasonable working environment to ensuring employees are given proper breaks and wages, employment law permeates virtually every aspect of an employment relationship. If you believe your employer has committed a violation, it is imperative that you acquire the help of an Orange County employment lawyer.

    Many Orange County employees in all industries, unfortunately, endure prolonged mistreatment and even direct violations of their rights from their employers, largely because many of them do not know the full scope of federal and state laws in place to protect them against such abuse. Some people subjected to hostile work environments and various forms of harassment and discrimination are afraid to speak out about their experiences for fear of losing their jobs.
    Orange County Employment Lawyer

    Diefer Law Group is an experienced team of attorneys ready to provide the comprehensive and compassionate legal counsel you need when facing any legal dispute involving an Orange County employer. We develop client-focused legal strategies by taking time to get to know each client, listening to their story, and helping them understand the legal mechanisms most likely to come into play in their proceedings.

    When you choose our firm to represent your case, you will have instant access to a dedicated legal advocate ready to answer your questions and address any of your concerns as they arise throughout your case.

    Why You Need Legal Counsel for Your Employment Case in Orange County

    If you believe that your employer has violated your rights or violated a state or federal employment law, you need to consult an Orange County employment attorney as soon as possible. Most employers have in-house legal departments or the financial flexibility to hire high-profile outside counsel whenever they are confronted with employment law disputes from employees.

    Technically, there is no law requiring you to hire legal counsel to bring a claim against your employer. However, depending on the nature of your suit, you will likely need to go through the Equal Employment Opportunity Commission (EEOC) before you can begin your civil claim against your employer. The EEOC is the government agency tasked with overseeing the employment laws of the United States, and if your case involves any type of workplace discrimination or harassment, you will need to file an EEOC complaint before proceeding with direct legal action against your employer.

    You can attempt to file an EEOC complaint on your own, or your case may involve your employer’s violation of a state employment law that will require a separate claim. In any case, having experienced legal representation will not only make your claim process easier to manage but also more likely to achieve the results you hope to see. When you have Diefer Law Group representing you, we can guide you through the EEOC claim filing process, handle any interactions with EEOC investigators necessary for your case, and guide you through the next steps in your legal efforts once the EEOC completes its investigation.

    Legal representation is not only important for navigating the procedural requirements of your case, but also for ensuring you uncover every available channel of recovery in your claim. Many people who experience adverse mistreatment from their employers are aware of their rights in terms of seeking accountability for their employers’ actions, but they significantly underestimate the scope of compensation that might be available to them if they win their cases.

    Experienced Employment Law Counsel in Orange County, CA

    The team at the Diefer Law Group has years of professional experience handling all manner of employment law cases, and we can help you discern the best course of action for addressing your experience. We have assisted many Orange County workers with a wide range of employment cases, ensuring accountability for the employers that have mistreated them and securing compensation for their damages.

    We can put this experience to work for you no matter what your employment case entails:

    • Workplace Discrimination. Any form of workplace discrimination on the basis of personal qualities is illegal in the United States. If you believe you have faced illegal discrimination in your workplace due to your race, ethnicity, national origin, religion, age, sex, or sexual orientation, you likely have grounds to file an EEOC complaint against your employer.
    • Disability Discrimination. All employers are forbidden from discriminating on the basis of disability. The Americans with Disabilities Act (ADA) sets clear rules for employers regarding their handling of employee disabilities, including making reasonable accommodations when necessary for a disabled employee to perform their job duties.
    • Ethics investigations. An ethics investigation can uncover unlawful and discriminatory practices in your workplace. Our firm has extensive experience handling these investigations and can apply our experience to your case.
    • Employee benefits. Some employers attempt to take advantage of employees by refusing or failing to remit benefits owed to those employees. If you encounter any such issue with an employer and believe you are owed benefits, we can help you recover your losses.
    • Family and Medical Leave Act. The FMLA enables American workers to take unpaid leave from work to address medical issues, either their own or those of close family members. Employers have various responsibilities they must uphold under FMLA, including job security for the employee on leave. If your employer has violated the FMLA, we can help you hold them accountable.
    • Hostile work environment. A hostile work environment is any environment in which an employee is unable to do their job effectively due to harassment and mistreatment. A hostile work environment may arise from the actions of coworkers and/or a supervisor, and our team can help resolve any such issue through an EEOC complaint and further legal action if necessary.
    • Meal/rest periods. State law enforces strict rules for employee meal and rest breaks. If you were denied legal breaks, your employer must compensate you for each missed break.
    • Overtime/unpaid wages. Employers are legally obligated to pay their employees for all time worked, and the state enforces some of the strictest overtime rules in the country. If you were not paid correctly or were denied overtime pay, we can help you recover unpaid wages and unpaid overtime.
    • Employer retaliation. Employers may not retaliate against any employee for a legally protected action taken in good faith, such as filing for workers’ compensation, demanding fair pay for time worked, or testifying as a whistleblower. If you experienced any form of employer retaliation in Orange County, we could determine your most viable options for legal recourse.
    • Sexual harassment. Every employee has the right to a workplace free of sexual harassment of all kinds. If you experienced any kind of sexual harassment at work, we could help file an EEOC complaint and recover compensation for your damages.
    • Severance agreements. Employers must meet certain requirements when it comes to remittance of final paychecks and honoring contractual severance agreements when an employee leaves an organization. If you believe an employer has violated a severance agreement or has not paid your final check on time, we can help ensure accountability.
    • Whistleblower claims. Filing a whistleblower report in good faith can potentially shine a light on corporate malfeasance, environmental harm, and unjust workplace cultures. If you file a whistleblower report, you have the right to legal protection from any reprisals from your employer. Our firm can help assert your rights as a whistleblower.
    • Wrongful termination. Employers have broad flexibility to fire employees under the at-will employment law, but they cannot fire employees for illegal reasons. If you believe your recent firing was unlawful, it can form the basis for a wrongful termination claim against your employer.

    Attorneys Who Know California Employment Law

    At Diefer Law Group, P.C., we have spent decades focusing exclusively on employment law. As former employment defense attorneys, we bring a unique understanding of the other side into every case. From out-of-court negotiations to complex litigation, the cases we have handled span the spectrum of California employment law issues. Our goal in every employment case we accept is to guide our client to the swiftest positive outcome possible. However, we have the skills and resources to handle protracted litigation if necessary for your recovery. Many employment cases escalate to involve multiple claimants and prolonged histories of adverse treatment of employees.

    If your employer has violated your rights in any way, there is a very good possibility they have done the same to others. Your successful case can ensure accountability for these actions but also hopefully prevent others from facing the same ordeals in the future.

    Understanding At-Will Employment in California

    One of the most commonly cited obstacles facing employees who must pursue legal recourse against their employers is the state’s at-will employment law. Under this law, any working relationship continues at the will of both the employee and the employer. Either party may end the working relationship at any time, with or without prior notice. Many interpret this law to mean that an employer can fire an employee whenever they like for any reason or no reason at all. However, the at-will employment law does not allow an employer to fire an employee for an illegal reason, such as discrimination of any kind or retaliation against a legally protected action.

    Do not be afraid of losing your job for legally asserting your rights; seek reliable legal counsel from an Orange County employment attorney. If you have experienced any illegal mistreatment at work, you have a right to seek accountability and leverage your federal and state employment rights. Diefer Law Group is ready to help you with your case, and the sooner you reach out to our firm the sooner we can begin helping you resolve the situation you’ve experienced.

    FAQs About Orange County, CA Employment Laws

    At Diefer Law Group, P.C., we know that many employees who start to explore their employee rights and legal options have a difficult time sifting through the numerous state and federal laws inherent to this focused legal area.

    As knowing the facts can make such a marked difference in your ability to successfully assert your rights, you need to be sure that the information you receive comes from a reliable source. In order to help you begin your legal journey on the right foot, our Orange County employment lawyers have chosen to answer some of the most frequently asked questions we hear about employment law and employee rights.

    A successful claim against an employer who has broken state or federal employment laws can not only yield compensation for lost pay and benefits, but also ensure accountability for this illegal action. If you have any reason to believe your employment rights have been violated in any way, it is absolutely worth speaking with an Orange County employment attorney about your options for legal recourse.
    The compensation available to you depends on the nature and severity of your experience. If your employer withheld legally earned pay and benefits, they will be required to repay these losses and compensatory damages as well. If you experienced discrimination and/or harassment of any kind you would have grounds to seek compensation for the emotional distress you suffered. Your Orange County employment attorney can help you determine the full scope of the damages you can include in your case.

    Your employer may be faced with a very heavy financial penalty depending on the scope of their mistreatment of you and other employees in your organization. They will not only be required to repay any financial damages you suffered along with compensatory damages for your experience but will also likely face a large fine, depending on the nature of their actions. Therefore, when you choose Diefer Law Group to represent your case in Orange County, we will carefully explain the various potential outcomes your case may have, including both your recovery and the penalties your employer could face.

    Diefer Law Group understands the stress and financial strain your situation has likely caused, and we have no intention of adding to an already difficult situation with expensive hourly legal fees. Our firm will only take a fee if we win compensation on your behalf, and this contingency fee will be a percentage of your final case award. Therefore, there is no financial risk to hiring Diefer Law Group to represent your case.

    When an employer in Orange County is confronted with a solid case from an employee and they know they have violated state or federal employment laws, they will typically seek to settle the matter as quickly and as quietly as possible. Our team will provide you with a detailed estimate of what you can expect in terms of how long your impending legal proceedings are likely to last.
    Employees have several available avenues to voice complaints, including internally within the company or externally to government agencies or administrative entities, which can also include whistleblower claims. The nature of your complaint and who it involves also plays a role in how you may go about this process. Regardless of the situation, bringing your case to the attention of an employment attorney can enable you to obtain qualified legal advice about all of your available options, as well as assistance when pursuing the action.
    Under the Family and Medical Leave Act of 1993 (FMLA), employers are required to provide employees with 12 workweeks of leave in any 12-month period for reasons such as pregnancy, adoption or foster care placement, personal or family illness, or military leave. They are also required to ensure that you have access to medical benefits during this time and that you have the right to return to the same position you had before or to one with equal benefits, responsibility, and pay.
    Protected classes refer to certain characteristics that employers cannot base employment decisions on or discriminate against when evaluating employees. Generally, applicants and employees are protected against discrimination based on any of the variety of characteristics.
    The protected classes include:
    • Race, color and national origin
    • Age (40 and over)
    • Sex, sexual orientation and gender expression
    • Familial or marital status
    • Disability status
    • Religion
    Employer retaliation refers to any negative employment action taken by an employer for unlawful reasons. When an employer enacts an adverse employment decision – such as termination, demotion or a negative performance review – in response to an employee engaging in any protected activity, the employer is in violation of the law.
    The value of your potential claim is always a matter that depends heavily on the unique facts and circumstances involved, including the type of violation made by your employer and the nature of the damages you suffered. Although every case may vary, claims for employment law issues typically award employees compensation for lost wages and possibly for emotional and punitive damages, depending on the situation.
    It depends on whether you meet the test for exempt status as defined by federal and state laws. If you are exempt from the Fair Labor Standards Act then you are not entitled to overtime pay. If you are not exempt, then you are entitled to overtime pay. Exemptions include:
    • The executive exemption: Any employee who spends over half their work time managing businesses or departments of a business
    • Emotional damagesThe administrative exemption: Any employee who spends over half their work time assisting an exempt individual in “servicing” a business in matters of significance
    • The professional exemption: Any employee who has certain licenses to practice a profession or who works in a “learned or artistic” profession
    • The computer software professional exemption: Any employees who work in highly theoretical aspects of computer software, making over $41 an hour
    • The outside salesperson exemption: Any employee who works away from the workplace making sales/filling orders.
    To determine whether or not you could be eligible for overtime, the best step you can take is to discuss your circumstances with one of our knowledgeable Southern California employment law attorneys.
    Under the Americans with Disabilities Act, federal laws were established that an employer cannot discriminate against a disabled individual who can physically perform the job he/she has applied for. This protection also extends to:
    • Hiring
    • Firing
    • Advancement
    • Compensation
    • Training
    • Recruitment
    • Advertising
    • Tenure
    • Layoffs
    • Leaves
    • Fringe benefits
    • And more
    If you believe you have been discriminated against, as a result of your physical/mental disability, it is imperative that you secure legal representation immediately.
    The Federal Equal Employment Commission defined sexual harassment as “unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature…” This behavior tends to create an intimidating, hostile and offensive work environment. In many situations, the submission to or rejection of these advances are used to determine employment decisions. For the harassment to be illegal, the victim must have made a request for the behavior to stop.

    Although there is no legal requirement for you to have representation when asserting your workplace rights, there is simply far too much that can go wrong to not work with experienced attorneys. From convoluted legal concepts and laws to the overwhelming potential for employers to aggressively contest claims, these types of cases can quickly become too much for employees with no legal backgrounds to handle. Additionally, working with an attorney can ensure that you fully understand your rights and legal options and that you have bold advocates by your side to help you as you pursue the resolution you require.

    If you have any additional questions, or if you wish to personally discuss your case with a member of our legal team, please contact a Southern California employment lawyer from Diefer Law Group today.

    There are numerous laws enacted to protect employees from unlawful discrimination. With our extensive knowledge, we vigorously represent employees who have suffered adverse employment actions as the result of discrimination based on age, race, gender, sexual orientation and other characteristics.

    Under the Americans with Disabilities Act (ADA) as well as other various laws, employers are legally obligated to provide reasonable accommodations to qualified employees with disabilities. Our firm helps clients understand their rights under the law and how employers can be held liable for their violations.

    Ethics investigations can arise when employees file whistleblower claims or otherwise raise concerns about discrimination, harassment or unlawful activity in the workplace. Our legal team guides clients through the process, ensuring that their rights and confidentiality are protected.

    Most employee benefits are not mandatory under the law. Employers who do offer such benefits, however, are required to abide by certain laws. Our firm protects the rights of employees who seek to raise benefit disputes, including matters concerning leave and disability or workers’ compensation insurance.

    The Family and Medical Leave Act (FMLA) is a federal law that requires employers to provide eligible employees with job-protected unpaid leave and benefits for qualified reasons, including pregnancy, personal and family illness as well as military leave, among others.

    A hostile work environment refers to employee harassment that interferes with work performance or creates an intimidating or offensive work environment. Our employment lawyers in Southern California fight to ensure that responsible parties or employers are held liable so you can obtain the justice you deserve.

    California law establishes strict guidelines regarding the obligations of employers to provide adequate meal and rest periods. When employers fail to meet these standards, they may be subject to penalties and employees may be eligible to receive compensation.

    When employers fail to pay employees proper wages or fail to pay the required overtime rate, they can be held fully liable for violating state and federal employment laws. Our Southern California employment attorneys have experience handling wage disputes and can help secure the compensation to which you are entitled.

    Employers are prohibited by law from retaliating against employees for engaging in legally protected rights. If you have experienced an adverse employment action after filing a whistleblower claim, taking family or medical leave, or participating in any other protected action, allow our firm to help you assert your rights. If you were fired for doing something that is protected, we can ensure your case is assessed and pursued when warranted.

    Sexual harassment is a serious, hot-button issue in the workplace and can take many forms, all of which boil down to unwanted sexualized conduct. Whether it is verbal or physical, sexual harassment should never be tolerated. Work with a firm that strives to protect your rights and confidentiality during this difficult process.

    No employee should ever blindly sign a severance agreement without first having an experienced Southern California employment law attorney review the document. Our lawyers use a proven, thorough agreement review system to ensure that your severance agreement is in your best interests. We can help at any stage of the process.

    Employees have the right to speak out against their employers for claims of discrimination, misconduct or unlawful acts. Our team of Southern California employment attorneys helps you understand the various whistleblower laws and works zealously to protect your rights and confidentiality if you blow the whistle at work.

    Various state and federal laws protect employees from being terminated for unlawful reasons. Common examples of wrongful termination may include termination based on discrimination, protected activities and employer retaliation. Allow our employment lawyers in Southern California to guide you.

    Discuss Your Case In A Free Case Evaluation

    No matter how challenging the issue or how powerful the opposition may be, at Diefer Law Group, P.C., we fight for you. We treat you as we would want to be treated ourselves. We draw from our careers as former employment defense attorneys to provide you with insight to strengthen your case. We assign two fully qualified Southern California employment attorneys to every case. This way, you can be confident to receive attentive, bold and compassionate legal guides.

    Find out about your rights and how our firm can be of assistance in a free case evaluation.

    Consultations are absolutely free and can be conducted over the phone or in person. We often choose to use contingency fees, meaning that if there is no positive recovery in your case, you owe us nothing. Trust in a firm that truly cares about your rights. If you are ready to speak with a trustworthy Orange County employment attorney, contact Diefer Law Group today and schedule your consultation with our team.

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