California and federal laws protect your right to a working environment free from unfair employment practices.
When you agree to employment in California, you retain certain rights as an employee.
Some employment law violations may start small, such as your employer asking you to stay longer than your scheduled day.
More serious violations include insults or derogatory remarks about your race or gender.
Regardless of what the violation maybe, your rights as an employee protect you from enduring these experiences.
A Los Angeles employment lawyer at Starpoint Employment Law is prepared to educate you on California and federal employment laws and practices.
Contact us online today to schedule a free consultation!
Representing Clients Throughout Southern California
Our Los Angeles employment attorneys at Starpoint Law handle each case one-on-one.
We provide a detailed review and analysis of your case's facts and advise on a clear path forward to resolving your employment law issues.
Starpoint Law employment law firm in Los Angeles focuses on providing all clients with the highest professional experience when dealing with employment law matters.
Types of Employment Claims We Handle
Employment law issues may be intimidating. Employment law in California covers a wide array of matters.
The employment law attorneys in Los Angeles at Starpoint Law understand the multiple protections afforded employees under California and federal law.
Our Los Angeles employment lawyers help employees in all areas of employment law.
Wage and Hour Claims
California labor laws include wage and hour claims covering the following topics:
- Minimum wage,
- Meals and breaks,
- Vacation leave,
- Sick leave,
- Holiday leave,
- Jury duty leave,
- Voting leave, and
- Severance pay.
In many situations, wage and hour violations stemming from the misclassification of employees.
Employers often misclassify individuals entitled to overtime pay for working over 40 hours in a week as exempt from earning overtime pay.
California's wrongful termination laws provide relief if your employer terminated your employment for the wrong reasons.
Although most employees are at-will employees, meaning they can be terminated at any time for any legal reason or no reason at all.
However, there are illegal reasons to terminate employees that can justify a wrongful termination claim.
Termination can be wrongful if it was based on things like:
- Violations of the Fair Employment and Housing Act,
- Retaliation for whistleblowing,
- Being a member of a protected class, or
- Requesting reasonable accommodation for disabilities.
Additionally, if you sign an employment contract for a specified duration, you may have a wrongful termination claim if your employer breaches the employment contract terms.
The type of damages you may recover in a wrongful termination lawsuit varies based on the suit type.
Hostile Work Environment
Work should not be a scary or intimidating environment.
An experienced employment lawyer in Los Angeles understands the difficulties experienced when forced to endure a hostile work environment.
Conduct can create a hostile work environment if it:
- Humiliates, offends, distresses, or intrudes upon you;
- Disrupts your emotional tranquility;
- Affects your ability to work; or
- Otherwise interferes with your well-being.
A hostile work environment keeps you from performing your job and may make you fear for your safety.
Harassment may be committed by co-workers, supervisors, managers, or even non-employees.
Unlawful harassment in the workplace may include the following types of behavior:
- Inappropriate jokes or innuendo,
- Physical harassment like inappropriate touching,
- Verbal or implied threats,
- Requests for sexual favors, and
- Showing favoritism based on a characteristic.
Harassment in the workplace may be motivated by different factors.
Additionally, some workplace behaviors, while unfair, may not rise to the level of harassment.
Therefore, it's important to contact an employment attorney in Los Angeles to review your case's facts and determine your best path forward.
California prohibits discrimination against members of protected classes, which include:
- Age (if you are over 40 years old),
- Physical disability,
- Sexual orientation,
- Mental disability,
- Gender identity,
- Marital status,
- Medical conditions,
- Military status,
- Ancestry, and
- National origin.
Workplace discrimination can occur at any stage of the employment process from initial hiring to eventual termination.
Retaliatory claims against your employer arise when you engage in a protected activity and your employer takes adverse action against you.
To prevail in a claim of retaliation, you must be able to prove the following:
- You engaged in protected activity;
- You suffered adverse action by your employer; and
- Your engagement in a protected activity is the reason for the adverse action.
Examples of protected activities include reporting discrimination, harassment, and safety violations.
They can also include claiming benefits you are entitled to, such as workers’ compensation.
If, after asserting your rights, your employer takes adverse action against you, you may have a basis for a retaliatory claim.
Termination Related to COVID-19
Because most employment in California is at-will, it is not unlawful for an employer to terminate an employee as part of a layoff due to economic reasons resulting from COVID-19.
However, there may be circumstances where a layoff disguises your employer's targeted discrimination against an individual.
For example, if your business suffered no adverse effects due to COVID-19, your termination may be unlawful.
What Types of Damages Can I Get From My Employer?
The purpose of damages in a lawsuit is to put you back in the same place you would have been in had it not been for your employer's actions or inaction.
Possible recoverable damages include:
- Lost pay and wages,
- Emotional distress,
- Reinstatement of your prior position,
- Punitive damages, and
- Attorney's fees and costs.
Although reinstatement is an option, after your experience, reinstatement of your former position may not be a desirable path forward.
Therefore, consult with a qualified employment law attorney in Los Angeles and determine what damages you may recover.
The exact amount of recoverable damages in any employment law case depends on specific facts requiring detailed analysis by Los Angeles employment attorneys.
How Will We Investigate Your Claim Against Your Employer?
The employment attorneys help those in California understand the number of laws governing the employment relationship.
No one should have to endure an unsafe, discriminatory, or intimidating work environment.
When your employer’s conduct crosses the line by violating employment laws, the California employment law attorneys at Starpoint Employment Law can fight for you.
We represent clients needing legal assistance in employment law matters in Los Angeles.
If your employer violated your rights, don't delay.
Contact the employment law attorneys at Starpoint Employment Law today to get started.