San Pedro Employment Lawyer

Employment Law Attorney in San Pedro, CA

If you are an employee in California, then it’s crucial for you to know an employment lawyer who can explain your legal rights to you. It is not uncommon for employers to attempt to take advantage of their employees. As an employee, you deserve to have your legal rights protected by a law firm

Important Rights as a California Employee

As an employee in the state of California, you have certain rights that you are entitled to while in the workplace. Some of the most important employee rights to remember include:

• The right to fair wages. You are entitled to fair pay based on the work you perform. This could include minimum wage or overtime pay.
• The right to a safe work environment. Employees are entitled to a safe work environment that is free from hazardous or dangerous conditions. Employers are obligated to maintain a safe environment for their employees. This could include maintaining proper security, building, and property maintenance, and staying up to date with market conditions and trends.
• The right to a reasonable amount of privacy. Privacy may include personal conversations, personal communications, or personal possessions in the workplace. There are certain things that are not protected under privacy, but it will largely depend on the circumstances.
• The right to a workplace free from harassment or discrimination. Employees are protected from experiencing harassment or discrimination while in the workplace. Whether it is sexual harassment, age discrimination, disability discrimination, or discrimination because of one’s sex, gender, race, nationality, or religion, there is no place for it in the workplace, and employers are responsible for keeping employees safe from it.
• The right to meal breaks. California employees who work more than 5 hours a day are entitled to an uninterrupted 30-minute lunch break. Employees who work more than 12 hours a day are entitled to an additional 30-minute meal break. Employees can also receive a 10-minute break for rest for every 4 hours of work.
• The right to sick time off and family leave. Employees are entitled to adequate sick time off and vacation time. The specific amounts of time off may vary between employers and industries.
• The right to retaliation protection. As an employee, if you bring forth a complaint to your employer, you are protected from facing retaliatory behavior from your employer. This also applies to legal actions brought against your employer. For example, if you file a sexual harassment claim against your supervisor, it is illegal for your supervisor to treat you poorly because of the case.

Examples of Discrimination

Discrimination is one of the most reported violations in the workplace in California. Both employees and job applicants are protected from discrimination. Some common examples of discrimination to look out for are:

• Discriminating against an employee or job applicant because they identify with a certain race or religious group.
• Unfavorably treating an employee or job applicant because of their personal characteristics such as their hair texture, facial features, or skin color.
• Unfavorably treating an employee or job applicant because of the complexion or color of their skin.
• Unfavorably treating an employee or job applicant because they are married, in a relationship with, or associated with an individual of a certain race, religion, nationality, or skin color.
• Unfavorably treating an employee or job applicant because they are or soon plan to become pregnant.

When It’s Illegal for an Employee to be Terminated

Every time an employee is fired, it does not always necessarily mean that a wrongful termination case can be filed against the employer, but it is helpful to be aware of some situations that could warrant a legal case. Here are some scenarios that could lead to a wrongful termination case:

Breach of Good Faith and Fair Dealing

When an employee is hired by an employer, an employment contract is signed. In almost every legal contract, there is a certain amount of implied good faith and fair dealing. This essentially means that each party that signs the contract implicitly promises to act in good faith and not undermine the other party’s benefits. This includes not taking any adverse actions that would give an unfair advantage to one of the parties or mislead the other party.

Employers have a basic obligation to allow their employees to accomplish their work duties and should do everything in their power to help them do this. If an employer displays any forms of lying, evading, lack of communication, deliberate inaction, or any other forms of obstruction or interference, it could potentially be a breach of good faith. As an employee, if you are fired under these circumstances, then you may be able to file a wrongful termination claim.

Breach of Contract

Some employment contracts have specific language centered around how and when an employee can be fired. For example, a contract may say that the employee can only be fired for “good cause” and then will define what qualifies as “good cause.” These contracts are usually created to provide desired job security for the employee.

In these cases, if an employee is fired, then the employer’s reason must fit within the agreements of the employment contract. If you are terminated by your employer, it can be a good idea to have an employment lawyer review your employment contract to ensure that no illegal action took place.

Retaliation

There are several forms of retaliation that employees can experience from their employer. Some of the most common are:

• Retaliation for taking leave. In short, an employer cannot legally fire you for taking or asking about taking family or medical leave in California. Employees have the legal right to take accrued sick time off for medical care, treatment, or the diagnosis of a health condition. This can apply to preventative care for the employee or one of their immediate family members. Employees are protected under the California Family Rights Act and the Federal Medical Leave Act.
• Retaliation for whistleblowing. Employers are also prohibited from terminating an employee because of whistleblowing. Whistleblowing means reporting violations or illegal activity observed in the workplace. This can apply to local, state, or federal laws, company policy or code of conduct, and regulations. For example, if an employee reports a health or safety hazard and they are then fired, a wrongful termination case could be filed.
• Retaliation for wage law violation complaints. Employers cannot terminate employees for bringing forth complaints about wage and hour regulation infractions. If an employee reports or complains about overtime pay, unpaid hours, rest break violations, and the like, they are protected from facing retaliation from their employer. Employers cannot retaliate against an employee for filing an unpaid wage claim or complaint with the Department of Industrial Relations.
• Retaliation for sexual harassment claim. An employee is protected from facing retaliation from their employer because they submitted a sexual harassment claim. Sexual harassment in the workplace is a serious issue, and it should be dealt with promptly. Employees are encouraged to come forward with any observed or experienced harassment with the understanding that they are protected from retaliation.

Recoverable Damages

If you are successful in your wrongful termination case, you could stand to receive compensation for the damages you suffered. You could be compensated for the following damages.

• Lost wages and benefits. Perhaps the most common type of damages sought out in a wrongful termination case are lost wages and benefits.
• Emotional pain and suffering. Emotional pain and suffering refer to the non-economic harm that was inflicted upon the employee. This could include mental or emotional distress and/or damage to the employee’s professional reputation. Additionally, there could be compensation for observed physical symptoms such as stress.
• Attorney fees and court costs. It is also possible that the attorney fees and court costs associated with the legal case could be recovered. Most of the time, these fees are paid out of the employee’s settlement amount. However, there have been some cases in which the employer pays these litigation costs themselves directly.
• Punitive damages. Lastly, punitive damages could be awarded. Punitive damages are less common because they are typically up to the judge’s discretion. Punitive damages are not really designed to compensate the victim. They are more so used as a means to punish the employer or guilty party for their wrongdoing. Punitive damages serve to discourage the employer and other employers from engaging in similar actions in the future.

FAQs for Employment Lawyers

Q: How Much Does an Employment Lawyer Cost in California?

A: The costs of an employment lawyer in California can vary depending on the circumstances of the legal case. There are several factors that can influence the cost. For example, the fee structure of the lawyer is important to consider.

Some lawyers may charge an hourly fee, some may charge a flat rate, and some may charge on a contingency basis. Most employment lawyers in California charge an hourly fee. The number of hours needed to work the case and the lawyer’s experience level should all be considered when deciding on an attorney.

Q: What Are My Rights as an Employee in California?

A: Your rights as an employee in California include the right to a safe work environment free from dangerous conditions or harassment. Employees also have the right to receive fair wages for the work that they do. Finally, employees have the right to a reasonable amount of privacy. If you are an employee in California who has become a victim of a hostile work environment or feel that your rights as an employee have been violated, you should speak with an attorney as soon as possible.

Q: What Can Human Resources Legally Say About You in California?

A: Human resources can legally state facts about you in California, such as your name, the title or position you held, the responsibilities you had, and your overall work product. According to the California Civil Code, information that is shared between an employer and an employee can be considered privileged communication. However, there are certain things that an employer cannot say about an employee. Statements that are false or malicious may not be protected under privileged communication.

Q: What Is Wrongful Termination in California?

A: Wrongful termination in California happens when an employer wrongfully terminates an employee for reasons that are unlawful. This could mean that an employee was terminated for discriminatory reasons such as their age, race, ethnicity, sex, or any other identifiable characteristic.

California employees who believe they have been terminated unlawfully may be able to pursue legal action against their former employer. It is important that employers are held accountable for their wrongful actions, and a wrongful termination attorney should be contacted immediately for help.

Q: How Can an Employment Lawyer Help?

A: An employment lawyer can help in several ways. Employment law can be difficult to understand, and it often takes an experienced lawyer who has the acumen and skill set necessary to navigate the legal court system.

Any given employment law case can contain a tremendous amount of time, paperwork, and deadlines that must be met. A lawyer can help you through this process. A lawyer can also help investigate your case, negotiate with the other parties, and present your case in court if necessary.

A Legal Team Ready to Help

Employment law can encompass a wide range of topics. Anything from discrimination in the workplace, sexual harassment, disability discrimination, wrongful termination, or employer retaliation could be covered under California employment law. These topics can be tough to navigate on your own. The California state legal system can have strict legal documentation and deadlines that must be met on time. An employment lawyer is a must for California employees.

At California Employment Counsel, APC, our legal team stands ready and able to assist California employees and individuals with their legal cases. Our firm takes pride in helping employees who have been illegally fired, harassed, or discriminated against. We believe that all employees deserve to have their legal rights protected and fought for. With our legal support, we can help you get the compensation you deserve. Contact our office today for help with your case.