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Van Nuys Employment Lawyer

Van Nuys Employment Attorney

California has a series of significant labor laws. These work to provide employees with certain rights that cannot be legally infringed upon by employers. If your employer attempts to exploit your labor or take advantage of your potential unawareness of these rights, you may want to consider reaching out to an experienced lawyer. They can help you understand your rights and fight for them. A Van Nuys employment lawyer can assert your rights if they are ever violated by your employer.

Best Van Nuys Employment Lawyer

How Can an Employment Lawyer Help?

An employment lawyer’s primary goal is to help their clients work through challenging legal situations involving their jobs, employers, and labor rights. Many infringed-upon workers may not be completely aware of their rights under California’s substantial labor laws. Some employers may seek to take advantage of this unawareness and manipulate their employees into allowing their rights to be violated without their knowledge.

An employment lawyer helps their clients understand their rights under the state’s labor laws and provides them with assistance in resolving disputes between them and their employers. California’s labor laws were established to protect employees from discrimination, unfair hiring practices, retaliation, wrongful termination, and even exploitation. You can’t maintain a healthy working environment if you don’t know what one looks like.

It is essential to maintaining a productive working environment that you understand your workers’ rights under the law. You should also act quickly when an employer tries to take advantage of you or one of your coworkers.

Here are some of the important potential situations that could arise in your workplace in Van Nuys. If you find yourself in a situation involving one of them, you should consult an experienced employment lawyer.

Meal and Rest Breaks

It is illegal under California state law for employers not to provide qualifying employees with breaks during their shifts. In fact, it is illegal to deny an employee who has worked for five hours straight an unpaid meal break for at least 30 minutes. Employees need rest to be productive during their shifts.

If your employer is refusing to allow you time to rest or denying you a lunch break, you may have more than enough cause to bring legal action against them for exploiting your labor. Consult an experienced employment lawyer to learn if you have a strong enough case to pursue a claim.

Workplace Discrimination

It is a federal crime to discriminate against somebody in the workplace based on one or more of their protected classes. The Equal Employment Opportunity Commission (EEOC) prohibits discrimination in the workplace based on somebody’s:

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

If you are being discriminated against in your workplace because of your protected class, you may want to speak with your company’s HR department. If nothing happens, you can file a legal complaint with the EEOC. When considering legal action, speak with an employment lawyer who can provide guidance with these steps. If the situation requires it, they can also assist you in pursuing a claim against your employer for workplace discrimination.

Overtime Violations

California labor laws mandate that employers must honor overtime hours. Every non-exempt employee is entitled to overtime pay worth 1.5 times their hourly rate for every hour that they work past their standard shift. If your employer is refusing to pay you your earned overtime hours, you should reach out to an employment lawyer, as you may have grounds for legal action.

Ethics Investigations

There may be instances where you know something unlawful is happening within the company you work for, but you may not be in a position where you can investigate it without drawing attention to yourself. It is vital to the strength and endurance of a company to conduct themselves with a strong code of ethics. If you bring your concerns to an employment lawyer, they can investigate possible ethics violations.

Disability Discrimination

Federal and state law prohibits discrimination based on somebody’s disability. To begin with, refusing to hire somebody based solely on the fact they have a disability is considered an unfair hiring practice. As an employee with a disability, your employer has to provide you with reasonable accommodations that can make your job performance easier.

These reasonable accommodations can include any number of minor adjustments to your workday, such as:

  • Flexible work breaks
  • A modified schedule
  • Additional training
  • A comfortable work chair

If your employer refuses to honor any reasonable accommodations, you could bring your concerns to an employment lawyer, who can help you prepare a case.

Medical and Family Leave

The California Family Rights Act (CFRA), as well as the federal Family and Medical Leave Act (FMLA), permit qualifying employees to take a certain amount of time off from work to deal with personal medical issues, like healing from a medical condition or having a baby.

You can even take time off to help a family member recover from a medical condition. If you qualify for FMLA or CFRA leave, and your employer denies that leave, you can take legal action against them for denying you one of the work benefits you are entitled to.

Wrongful Termination

California is an at-will employment state, which means that your employer does not need any grounds to fire you. However, there are still situations where firing you is unacceptable or illegal. There are always exceptions to the rule. For example, your employer cannot legally terminate your employment out of retaliation for something you did against the company.

Your employer also cannot terminate your employment because of your protected class. That would be considered discrimination, and you would have significant grounds for a wrongful termination case. In addition, if firing you would violate the terms of your employment contract, that could also be grounds for wrongful termination. If you may have been wrongfully terminated, reach out to an employment lawyer soon.

Sexual Harassment

Sexual harassment in the workplace is immoral and vile. It can also bring considerable legal fallout upon your company if its leadership handles it the wrong way. Inappropriate behavior in the workplace could constitute a hostile work environment. This would give you grounds for legal action against not just your harasser but also your company if it doesn’t take your case seriously.

 

Generally, sexual harassment in the workplace falls into one of two categories, both of which can lead to legal action. There are sexually themed jokes, comments, and innuendos that can offend others. Then, there is what’s called “quid pro quo” sexual harassment, which is Latin for “this for that.”

 

In quid pro quo situations, an employee in a position of power may offer another employee advancement opportunities in exchange for sexual favors. This kind of sexual harassment relies on a power dynamic to take advantage of lower-ranking employees.

FAQs

Q: Can I Take Legal Action Against My Employer for Emotional Distress in California?

A: Yes, you can take legal action against your employer for emotional distress in California. You will have to prove that their negligent behavior caused you emotional harm. An employer can be taken to court by their employee for any job-related emotional stress or physical injury that their action or inaction caused. If you might have grounds for a case, speak with an employment lawyer.

Q: In California, What Is the Average Payout for Wrongful Termination?

A: The average payout for a wrongful termination claim in California does not indicate what you may obtain in your case. Every wrongful termination case is different, with each one having its own details and circumstances that are unique to the individual situation. Just because a case similar to yours resulted in a favorable settlement, it doesn’t mean that yours will, too. Certain factors have to be considered, such as the evidence you have and your lawyer’s negotiation skills.

Q: In California, Is It Difficult to Prove Wrongful Termination?

A: Yes, it can be difficult to prove wrongful termination in California. Proving wrongful termination requires substantial evidence that supports your claim. Also, in California, employers generally do not need to provide a reason for letting an employee go, as the state is an at-will employment state. You will have to prove how your employer violated a law by terminating your employment, which can be hard without evidence to support your claim.

Q: Has Anyone Ever Won a Wrongful Termination Case?

A: Yes, people have won wrongful termination cases before. It happens all the time for a number of different reasons. The rate of success can vary greatly, as every wrongful termination case is different and will depend on the details specific to its circumstances. For example, if you have minimal evidence and a weak case, it may be hard to win.

Reach Out to an Employment Lawyer Today

Deciding to go against your employer and pursue legal action because of something they did against you can be greatly intimidating. You shouldn’t take it lightly. You may want to consider speaking with an employment lawyer so you can weigh your options and decide how you want to proceed.

Diefer Law Group, P.C., understands the kind of legal assistance you may need during this trying time. We can gather evidence, work on your case, and keep you from being taken advantage of by your employer. Contact us to speak with a team member 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

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355 South Grand Avenue
Suite 2450
Los Angeles, CA 90071

(213) 973-6142

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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.