Costa Mesa Employment Law Attorney

During work, employees need a safe environment to be successful in their role. When that safety is threatened, it can uplift a person’s entire life. If you’ve experienced any sort of abuse or illegal act in your workplace, reach out to a Costa Mesa employment law attorney to explore your legal options.

The attorneys at California Employment Counsel, APC, have dedicated their professional lives to advocating for the legal rights of their California neighbors and community members.

Employees spend most of their time at work. We believe that every worker deserves to feel safe during their shift. When their employer or fellow employees make them feel unsafe, it’s our job to step in and ensure legal protection. Our team handles a wide variety of employment law cases.

Wrongful termination happens when someone is fired or laid off for:

1. Using their legal workplace rights
2. Refusing to break the law
3. Doing something required for public safety
4. A protected characteristic, such as their age, disability, or pregnancy

In 2023, the top industries in Costa Mesa were management occupations, office and administrative support, and sales. California is an at-will employment state, meaning either the employer or employee can end the working relationship at any time for almost any legal reason.

However, even in an at-will state, workers are protected from unlawful termination. It’s vital to hire an employment law attorney to help you understand your legal rights under California law. It can be difficult to detect unfair workplace treatment. Those in power often use underhanded tactics to make the victim feel crazy for feeling the way they do. Common signs of wrongful termination can include being fired for:

• Reporting inappropriate sexual behavior or refusing unwanted romantic or sexual advances
• Filing a workers’ compensation claim for a job-related injury
• Raising concerns about unpaid wages or overtime violations
• Reporting illegal conduct such as fraud or safety violations

The California Fair Employment and Housing Act protects employees from workplace discrimination and harassment based on characteristics such as:

• Military or veteran status
• National origin
• Race
• Religion
• Sex or gender
• Sexual orientation
• Ancestry
• Age
• Skin color
• Disability, both physical, intellectual, and mental. In California, 4,527,224 residents live with disabilities.
• Marital status
• Medical condition, including cancer

Employers have the responsibility to:

• Take reasonable steps to prevent harassment
• Provide information on sexual harassment and legal remedies
• Offer training on harassment prevention for workplaces with five or more employees
• Reasonably accommodate employees’ religious beliefs or disabilities

Employees who experience workplace discrimination or harassment can file a complaint with the California Department of Fair Employment and Housing. From there, the Civil Rights Department can conduct its own investigation into the incidents or approve your right to open a legal case in court.

You must file your complaint within three years of the last date the discrimination or harassment happened. In 2023, the California Civil Rights Department investigated 4,072 employment claims, including 185 from Orange County.

In California, employers are legally required to provide reasonable accommodations for employees with disabilities so they can perform the essential functions of their jobs. Reasonable accommodations can include things like:

• Making the workplace wheelchair accessible
• Allowing time off for doctor appointments
• Providing specialized equipment
• Modifying job duties or schedules

Employers can only deny a request for accommodation if it causes significant difficulty or expense. Employees can request accommodations when they believe they need them. Employers have a duty to respond promptly and act in good faith once a request is made, and to maintain the confidentiality of any medical information obtained during this process.

If an employer refuses to do so without a valid reason, employees may file a complaint with the California Civil Rights Department.

The Family and Medical Leave Act allows employees to take unpaid time off for certain family and medical reasons while maintaining their health insurance coverage and job. Employees can take up to twelve weeks of leave in a year to:

• Care for a new child
• Adopt or foster a child
• Care for a seriously ill spouse, parent, or child
• Handle urgent needs related to a family member in the military. Military caregivers can take up to twenty-six weeks in a year to care for a seriously injured or ill service member.
• Address their own serious health condition

You’re legally allowed to take your leave, and if your employer punishes you for doing so, it can be considered retaliation.

Workplace retaliation occurs when an employer or manager punishes an employee for exercising their legal rights. Workers are protected from retaliation when they:

• Report unpaid wages
• Discuss their wages or working conditions
• Report violations of safety, health, or licensing laws
• Refuse to do unsafe work
• Refuse to participate in illegal work
• Refuse to participate in political ideologies or activities
• Exercising their rights related to immigration status, lactation, sick leave, overtime, fair pay, or warehouse quotas

Complaints of retaliation generally must be filed within one year of the retaliatory action.

The top employers in Orange County include Menzies Aviation, Fairview Developmental Center, and Broadcom Corporation. In large workplaces, violations can be commonplace and underreported.

It may seem like pursuing a legal case isn’t worth doing, but anything that can help you feel safe is worth it. In 2023, the Civil Rights Department secured $116,506,424 in settlements for California residents who faced civil rights violations.

An employment lawyer can help you understand your rights and guide you through any legal issues. Working with an experienced lawyer helps you approach your case with confidence.

Reach out to California Employment Counsel, APC, today to learn how we can help you in your employment law case. When you come in for your confidential consultation, you’ll be able to discuss your situation in detail. From there, our empathetic Costa Mesa lawyers will provide you with transparent legal advice. We value giving our clients the tools they need to take back control of their lives.