The Los Angeles employment attorneys at Wilshire Firm believe that California employees deserve a safe and respectful working environment. If your rights as an employee have been violated and your employer hasn’t taken steps to correct it, our top employment lawyers are ready to stand up and fight for you. There are numerous laws and regulations in place that protect California workers and that aim to hold employers accountable for their misconduct.
We are committed to representing you and will do everything we can to ensure justice is served. Don’t be intimidated by your employer’s deep pockets – contact Wilshire Law Firm today to learn more.
Which Laws Protect Los Angeles Employees?
In 2020, California passed a series of laws to curb problematic employment practices and reduce inequality amongst workers. Some of the main takeaways from these new laws include:
- Labor protection laws that would force companies to reclassify hundreds of thousands of independent contractors as employees
- Job equality guidelines
- It is easier for first responders to receive workers’ compensation for post-traumatic stress disorder
- Ban discrimination based on hairstyle
- Raised minimum wage
- Worker Protection Order put into effect to help slow the transmission of COVID-19
California’s Labor and Employment Laws
The statute of limitations for filing an employment claim varies depending on the type of complaint filed and which administrative agency your complaint is directed towards—in some instances, you may have as few as 180 days to draft your claim. The agencies who may be involved in a California employment law case include:
- California Division of Labor Standards and Enforcement (DLSE)
- California Department of Fair Employment and Housing (DFEH)
- United States Department of Labor
- The United States Equal Employment Opportunity Commission (EEOC)
Because California has enacted arguably the most extensive employment laws in the United States, workplace victims in the state have several avenues through which they can pursue remedies. Our California employment lawyers will advise you of your options and walk you through every step of the process.
Types of Employment Law Claims
Wilshire Law Firm’s highly-skilled personal injury lawyers understand the unique challenges that employee rights victims face—the loss of livelihood, the alienation from friends, the uncertain future. From administrative complaints to civil trials (and everything in-between), Wilshire Law Firm knows how to tilt the legal scales in YOUR favor, no matter how big the employer.
Our California labor and employment attorneys handle the following employment cases on a contingency fee basis:
- Wrongful Termination — Even at-will employers must adhere to all applicable laws and public policy when hiring and firing employees. California employees are protected from being fired based on their race, religion, sexual orientation, or any other characteristic that is legally protected from discrimination at the state or federal level. Employees who engage in whistleblowing are similarly protected and may not be terminated for bringing forward a claim of unlawful or unethical conduct.
- Workplace Retaliation — Retaliation occurs when an employee engages in a legally protected act and suffers an adverse employment action. Employees are protected from termination (including constructive wrongful termination), demotion, or any other adverse action under Equal Employment Opportunity (EEO) statutes passed by the federal government, along with the State of California’s Fair Employment and Housing Act (FEHA).
- Workplace Harassment — California’s FEHA gives workers the right to a workplace free of verbal, physical, sexual, and other abusive behaviors, including quid pro quo and hostile work environment harassment. Workplace conduct is legally considered harassment when it is: offensive; unwelcome; severe; creates an intimidating or hostile work environment.
- Workplace Discrimination — Laws and statutes such as the Civil Rights Act of 1964 protect employees from workplace discrimination based on sex, race, national origin, religion, and many other protected statuses. Common acts of workplace discrimination include denying pay raises, promotions, or benefits to certain protected conditions, as well as paying employees with similar qualifications different salaries based on a protected status.
- Unpaid Wages — California and federal laws exist that require employers to pay employees for their work, but some businesses are nevertheless guilty of withholding that money. Using tactics like rest and meal break violations, employee misclassification, and bonus pay adjustments, employers sometimes attempt to avoid wage and hour obligations, a breach that is often remedied through a class action lawsuit.
- Leave of Absence — When a California worker requires time off to attend to pressing family matters or medical concerns, laws such as the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) require employers to grant time off from work without the employee suffering an adverse employment action as a result. Pregnancy, disability, medical, military, workers compensation, and even leave for jury duty are all forms of work leave that are legally protected.
How Do I Choose an Employment Lawyer?
Any search for California labor and employment attorneys will undoubtedly turn up hundreds, if not thousands, of results. With so many options, where do you start when it comes to choosing the best Los Angeles employment lawyer? Here are a few tips to help you find the best lawyer for your case:
- Ask friends, family members, or another trusted source for a recommendation
- Visit California’s State Bar website and research the law firm for information on their credentials, history, practice areas, etc.
- Check out the lawyer’s website and set up a phone call or free consultation
- Ask questions about their history, their track record with cases similar to yours, how they plan to handle and assess your case, what their fees are, and other questions along this vein
How to Know If You Have a Wrongful Termination of Labor Case
One of the most difficult aspects of a given California employment lawsuit is knowing if your termination was legal or illegal (referred to as wrongful termination). The first thing to understand is that most jobs are considered “at-will” which means an employee can be fired at any time for any reason deemed applicable by the employer.
However, there are exceptions to the at-will law that may allow you to take legal action against your employer.
In California, it is illegal to fire an at-will employee for the following reasons:
- Discrimination based on race, religion, gender, age, disability, political beliefs, or sexual orientation
- Whistleblowers or retaliation
- Protected absences
- Constructive discharge
To learn more about your rights and whether you have a wrongful termination of labor case, please contact the California employment law attorneys at Wilshire Law Firm today.
Can I Sue My Employer and Still Work There?
In most cases, employees wait to sue their employer until after they’ve parted ways. However, some choose to move forward with the claim while still working for the offending company. The latter is a risky and potentially contentious move, but some choose to go this route if they haven’t been terminated yet and are hoping to somehow strongarm their employer to treating them better or righting the situation.
What Damages Can I Seek from My Employer?
Victims of employee rights violations are often afraid to assert their legal rights, fearing retaliation that will threaten their families, careers, and livelihoods. Wilshire Law Firm is here to calm those fears. Our legal expertise and financial resources allow you to pursue your case without worry—we’ll negotiate on your behalf and help you gather the important evidence you need to prove your case, including:
- Internal correspondence between you and your employer
- Statements and testimony from coworkers or witnesses
- Notes detailing illegal behavior by your employer
- Employee handbooks, contracts, and past performance reviews
- Pay stubs and other work records
The consequences are severe for any violation of California labor and employment laws. When a business is found liable for workplace harassment, discrimination, or any other illegal employment action against you, you may recover the following damages:
- Lost Wages
- Lost Benefits
- Diminished Earning Capacity
- Emotional Distress
- Punitive Damages
- Attorney Fees
The specific facts of your case may merit other remedies. Still, without a call to the California employment attorneys at Wilshire Law Firm, you won’t know the full extent of the damages you are entitled to.
Free Consultation with Experienced Los Angeles Employment Lawyers
Although there are many excellent attorneys in locations like Los Angeles, Riverside, and throughout California, not all attorneys are equally qualified to represent employee rights victims. Wilshire Law Firm’s award-winning team of 100+ legal professionals has a proven record of successfully handling the toughest employment law cases from start to finish.
Our highly-skilled employment attorneys use the legal system to the advantage of clients like YOU and have favorably recovered more than $400,000,000 in damages on behalf of employee rights victims. We bring a personalized approach to every employment law case we take on, tailoring our services to your case’s specific challenges while delivering optimal results. And because we provide our services on a contingency-fee-basis, there are no upfront costs for you!
Not every firm has the legal expertise, the resources, or the talent to help employees get the justice they deserve—Wilshire Law Firm does. Call us at (844) 979-0933 NOW or fill out our online contact form to get started with your FREE case consultation.