What Are The Common Types Of Employment Law Cases That Your Firm Handles?
In the area of employment law, we typically see cases involving wrongful termination based on forms of discrimination, such as disability discrimination and pregnancy discrimination. We also work with sexual harassment cases and handle wage and hour class action litigation.
What Laws Are In Place To Protect Employees At Both The Federal And State Level In California?
Generally, Federal and California state laws require employers to make reasonable accommodations for both the mental and physical disabilities of their employees. Failure on the part of the employer to accommodate can result in legal consequences, such as penalties. However, due to lack of training and public education, many employees are not fully aware of their rights, and employers often take full advantage of this. Also, employees might fear further retaliation or demotion if they speak up about their lack of accommodation.
If you feel that you have been demoted or terminated as a result of your disability status, it would be in your best interest to seek the advice of an experienced California employment lawyer. Please keep in mind that if an attorney or law office does not show an interest in your case, it does not mean you do not have a case. You should attempt to contact other attorneys and law offices for help and legal advice. Remember that time is running, and oftentimes, there is a deadline to file a complaint. Please do not wait.
What Is An At-Will Employee?
Most employees in California are considered to be “at-will” employees. In other words, the employee has not entered into a contract for a specific period of time. An at-will employee is allowed to freely leave their job at any time, and their employer is also free to fire or let go of the employee for any lawful reason or for no reason at all. The operative word here is “lawful.” An employer may mask an unlawful termination as lawful or based on no reason at all; hence, it is important to seek legal help as soon as possible to avoid the worst consequences, such as losing your job.
Can You Sue An At-Will Employer?
At-will employers are not allowed to discriminate against an employee or to terminate them unlawfully. Despite someone being an at-will employee, they are protected under California employment laws. It is unlawful, or illegal, to discriminate against an employee based on their protected class or protected activity. Such protected classes under the California Fair Employment and Housing Act (FEHA) include: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or the veteran or military status of any person.
If an at-will employer terminates an employee for an unlawful reason, the employee has the right to bring a wrongful termination claim that could seek the reinstatement of their job or, for example, back wages to make up for unpaid wages or missed paychecks.
What Is The Statute Of Limitations On Filing A Claim Against An Employer In California?
The statute of limitation means the deadline by which a complaint needs to be filed, or initiated. In California, the dates vary depending on the type of employment claim. Certain claims might be required to be initiated in as little time as six months (or shorter), while others have one, two, or even three years Statute of Limitations.
If you feel that you have been negatively affected or terminated unlawfully as a result of discrimination against your protected class or against public policy, it would be in your best interest to seek the advice of an experienced California employment lawyer as soon as possible to make sure your rights are protected.
What Potential Damages May I Be Awarded In A Claim Against My Employer?
Generally, there are two types of damages that can be awarded to a wronged employee: one is compensatory and the other is punitive. Other legal remedies are possible. This depends on the circumstances and they should only be sought at the suggestion of your attorney. Some examples of compensatory damages awards in California for employment lawsuits and wage and hour cases include compensation for emotional distress (also called pain and suffering), loss of professional reputation, cost of retraining and job search, lost wages/benefits, and attorney’s fees.
Get Information on Employment Law Cases in California, or call the Rahm Law Group, APC for an initial consultation at (424) 777-3842 and get the legal answers you are seeking.
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