Palmdale Employment Lawyer

Palmdale Employment Attorney

Employment law is a specific branch of our legal system that covers the rights and responsibilities of employers and employees. It was designed to help ensure fair treatment in the workplace by protecting individuals against wrongful practices. From employee wage disputes to workplace discrimination and wrongful (unlawful) termination, there are many instances where an employee may need to hire a Palmdale employment lawyer to protect their rights.

At Kramer Brown Hui LLP, our experienced legal team is committed to helping employees navigate the complexities of legal issues in the workplace. We can help employees file a complaint with the California Civil Rights Department or obtain a right-to-sue letter to help them pursue legal action. We handle most of our cases on a contingency basis, meaning we only get paid if you do, too. Our legal team will fight until the end to get the justice and compensation you deserve.

What Are the Most Common Employment Law Cases We Help With?

With so many different industries and workplace dynamics across Palmdale, we see many different employment law disputes come through our doors. Our years of experience supporting clients in a diverse array of workplace issues position us as a strong legal contender to fight for your rights and achieve the outcome you are looking for. Some of the most common cases include:

Wrongful (Unlawful) Termination

Wrongful (unlawful) termination are cases when an employer fires an employee for a reason that is in violation of state or federal law. This type of termination can come about in many different forms, like firing a person based on protected characteristics like their race, gender, or disability.

Employers are also prohibited from terminating an employee as an act of retaliation. This happens when an employer is trying to stop an employee from engaging in a protected activity, such as filing a harassment complaint, reporting an unsafe working condition, or speaking out against some other form of illegal activity they observed at work.

For example, if an employee went to their Human Resources department to report an instance of sexual harassment and was terminated shortly after, this warrants an investigation. The short timing can be seen as very suspicious, especially if the employee in question has a strong reputation with the company and does not have a history of poor performance. The same can apply to employees who are fired shortly after requesting accommodations for a disability.

Workplace Discrimination

Claims of workplace discrimination typically arise when an employee is suspicious that their employer took adverse action against them based on a protected characteristic. This can be cases of different treatment at work, wrongful (unlawful) termination, demotion, pay reduction, or refusal to hire. Under federal laws, such as Title VII of the Civil Rights Act of 1964 and California’s Fair Employment Housing Act (FEHA), these protected characteristics include:

• Race
• Gender
• Sexual orientation
• National origin
• Religion
• Pregnancy
• Disability (this includes both physical and mental disabilities)
• Age
• Genetic information
• Veteran or military status

Acts of discrimination at work are not always obvious. Sometimes, they are subtle and not apparent in a single instance. For example, an employer might continually pass over promoting females in their organization in favor of male colleagues. They could also assign fewer assignments to pregnant employees out of the unfair assumption that these individuals are not as committed or of value to the organization as others.

Sexual Harassment

It is illegal to engage in sexual harassment at work under both federal and California law. There are two general forms of harassment prohibited by law:

• Quid Pro Quo Harassment: This is when a superior in an organization’s hierarchy with power will only award an employee benefit, like a promotion or raise, in exchange for a sexual favor. For example, it could be a manager pulling you aside to say that they are willing to give you a raise if you agree to go on a date with them. This is an example of quid pro quo harassment, and even if you don’t agree to their request, the mere offer is enough to be considered unlawful.
• Hostile Work Environment: When unwelcome behavior becomes so pervasive in an employee’s work place, it can begin to create an environment that is difficult for that employee to be productive in. This behavior can be a combination of offensive jokes, inappropriate touching, or the presence of sexually explicit material in the office. While each instance might seem minor on its own, they accumulate into a much larger problem.

It is extremely important that you report sexual harassment to management and Human Resources as soon as you spot something that seems off. Even if you do not believe they will do anything, having this documented will serve as an important piece of evidence down the road. It is equally important to engage outside counsel to ensure that no one with bias or who has an interest in protecting illegal workplace behavior is fully in charge of your case.

Wage and Hour Violations

California is known to have some of the strongest wage and hour protections for employees across the entire United States. This is because employers are legally required to comply with both federal laws, like the Fair Labor Standards Act, and California’s own set of wage and hour laws. Some possible violations that can happen in this area include:

• Unpaid overtime: All non-exempt employees in California are entitled to be paid 5 times their hourly rate for any instance where they have worked more than 8 hours in a single day or more than 40 hours in a week. Also, any employee who has worked more than 12 hours in a single day is entitled to double their regular pay for taking those extra hours.
• On-call or standby time pay: An employer is required to compensate employees for on-call or standby time when their freedom is significantly restricted. For example, if an employer requests that an employee remains within a certain distance from the workplace or responds within a specific period of time if they are needed back into work, this time could qualify as paid on-call time.
• Missed meal and rest breaks: Employees in California are entitled to a 30-minute unpaid meal break after working for 5 hours in a single shift. A second break is required after working 10 hours on that same day. It’s also true that employees must receive a 10-minute paid rest break for every 4 hours completed on the job. If an employer fails to provide these breaks, an attorney can help you receive compensatory pay if they can prove the missed breaks should have been rightfully paid for.
• Failure to pay minimum wage: The minimum wage in California is $16.50 per hour. Employers must adhere to this minimum. An employer caught in violation of this may be ordered to backpay their employees for the missed portion of their income.
• Wage and hour violations can add up significantly over time. This can put employees in a vulnerable position, especially when they are not making all of the money that they have worked hard for to take care of themselves and their loved ones. To combat these instances, an employment law attorney can help reverse course and get you back on track.

FAQs

Q: Can I File a Claim Against My Employer in California?

A: Yes, you have the right to file a claim against your employer in Palmdale, California if you are suspicious that they are engaging in illegal behavior. If you are suspicious of the circumstances surrounding your recent termination or denial of promotion, it’s worth checking in with an employment lawyer to see if you have any grounds to file a claim. If you do, your employment lawyer will help guide you through the legal process to hold your employer accountable.

Q: Are Employment Agreements Legal in California?

A: Yes, employment agreements are legal in California as long as they comply with state and federal laws. These agreements are known to outline specifics of a position, like job responsibilities and compensation. What these agreements cannot do is waive an employee’s right to file claims for illegal behavior, like being discriminated against or harassed at work. If you are presented with one of these agreements, have an attorney review it before signing.

Q: How Much Can You Get in a Wrongful (Unlawful) Termination Case in California?

A: The total amount you can get for wrongful (unlawful) termination in California will depend on the specific circumstances of your case, like how much damage you can calculate. This figure can be achieved by quantifying how much income you were wrongfully denied or what type of emotional distress was caused and how it impacted the quality of your life. A lawyer can step in to evaluate your case and help determine what damages exist.

Contact Kramer Brown Hui LLP Today

If you believe your employer has violated your rights as an employee but are unsure how to hold them accountable, contact us today. Our years of experience in this area helps us to know exactly where to look for evidence that can help hold your employer accountable for their illegal behavior.

See Related Posts:

• How to Prove Sexual Harassment in the Workplace
• What is Considered Sexual Harassment?
• California Pregnancy Discrimination Laws