San Clemente Employment Lawyer

Common cases of employment law that we have handled over the years include the following:

• Workplace Discrimination: In California, it is illegal to discriminate against an employee based on a protected characteristic. These protected characteristics can include race, skin color, sexual orientation, gender identity or expression, marital status, religion, country of origin, ancestry, mental or physical disabilities, genetic information, age, military or veteran status, or health conditions.
• Sexual Harassment: Employees in San Clemente have the right to a workplace free from sexual harassment of any kind. This can include any unwelcome sexual advance or any physical, visual, or verbal conduct that is of a sexual nature. It can also include a request for a sexual favor in exchange for a promotion or raise or the threat of firing or a demotion should the favor not be granted.
• Overtime or Unpaid Wages: In California, employers are legally required to pay their employees for the time they have worked. There are also strict overtime rules in the state. If you have not been paid correctly or were denied your earned overtime pay, the attorneys at Diefer Law Group can help you recover both your unpaid wages and your unpaid overtime.
• Hostile Work Environment: In these cases, an employee suffers harassment or discrimination to such an extent that they are unable to do their job in an effective manner because of the mistreatment they experience. These situations can arise from the behaviors of a supervisor, coworker, or manager, and the team at Diefer Law Group can help through an EEOC complaint and any necessary further action.
• Disability Discrimination: Under the Americans with Disabilities Act, employers are barred from discriminating against employees based on their disability. The ADA sets clear rules and regulations on how employers should handle employee disabilities which includes ensuring there are reasonable accommodations made for the employee.
• Employee Benefits: In some cases, an employer might seek to take advantage of their employees by refusing or failing to offer benefits to those employees. If you have dealt with this problem at work and are owed benefits, the team at Diefer Law Group can assist you in recovering these losses that you were due.
• Health and Safety Violations: Under the labor code laws of the California Occupational Safety and Health Act of 1973, employees in California are protected from being fired due to filing complaints of unhealthy or unsafe working conditions at their place of employment. You have the right to a safe working environment, and your employer is responsible for providing you with this safety.
• Family and Medical Leave Act: Under both the California Family Rights Act and the Family and Medical Leave Act, employees are entitled to take certain terms of unpaid leave without having to worry about losing their job if they need to take care of a sick family member, are sick themselves, or are welcoming a new member into their family. Unfortunately, there are still cases where employees retaliate, and an attorney can help.
• Ethics Investigations: If necessary, an ethics investigation can be done to discover any discriminatory or unlawful practices or behaviors in your place of employment. At Diefer Law Group we have experience acting upon these investigations and can apply this experience to your situation.
• Whistleblower Claims: If you have filed a whistleblower report and are acting in good faith to uncover any unfair or unlawful workplace behaviors, environmental harm, or any wrongdoing on behalf of your employer, you have legal protection from any retaliation your employer might try to act upon. At Diefer Law Group, we can help ensure your rights as a whistleblower are upheld.
• Severance Agreements: In California, employers are held to certain requirements when it comes to the paying of final paychecks and honoring all contractual severance agreements when you leave their company. If you have suffered a violation of your severance agreement our attorneys can help.
• Employer Retaliation: If you, as a San Clemente employee, have taken a legally protected action such as filing a claim for workers’ compensation or testifying as a whistleblower, you are protected against any retaliation. If you have suffered any employer retaliation, the team at Diefer Law Group is here to help.
• Wrongful Termination: In California, you can be fired for any reason or for no reason at all unless that reason is illegal. However, if you believe your firing was unlawful, the attorneys at Diefer Law Group can help you file a wrongful termination claim and recover the damages you have suffered as a result.