Thursday, July 11, 2013

Los Angeles Wrongful Termination Attorneys

wrongful-termination

The State of California follows the “At-will” doctrine of law when it comes to employment. In these kinds of employment, either an employer or employee can terminate the relationship between each other at any given time without the need for any sort advance warning. In the termination of such relationship, either of the parties do not have no subsequent liability at all, given that no contract exists that could prevent such.


Implied-in-law contracts in the covenant

California is one of the only eleven states in the country that recognizes a breach of an implied contract of good a faith and fair dealing that serves as an exception to at-will employment. This makes the at-will doctrine implemented in the state quite different from the others. Such exception weaves in a covenant of good faith and fairness in dealing with every employment relationship between an employer and an employee. Through this, terminations based on malice or done in bad faith are prohibited.

Statutory exceptions under California’s at-will employment

According to a Los Angeles wrongful termination attorneys, California’s labor laws prevent employers from firing an employee for refusing to commit illegal acts, based on family or medical leaves, not following own termination procedures, and discrimination. Other statutes that help prevent wrongful termination in the state like the following:

  • Equal Pay Act. This statute prohibits pay discrimination based on one’s sex.
  • Title VII of the Civil Rights Act of 1964. This  statute prevents Religious Discrimination, Religious Discrimination , Sex / Gender Discrimination, Age Discrimination, and National Origin
  • Age Discrimination in Employment Act of 1967. This prevents the discrimination and harassment of people aged 40 and older in the workplace.
  • Americans with Disabilities Act of 1990. This law makes sure that people with disabilities are given reasonable accommodation and are not being discriminated and harassed because of their disabilities.
  • National Labor Relations Act. This provides protection to employees who want to join or form a union or engage in different union activities.
  • Whistle-blowing laws. Under these laws, employers cannot retaliate against employees who engage or participate in a legal investigation resulting from a case filed against them.

The state of Wrongful termination in Los Angeles

Being a victim of wrongful termination can really be hard. Losing your job, you’d have problems with trying to make both ends meet. However, despite the many given protection for employees in Los Angeles and the whole of California, there are still a lot of cases filed against these offenses. The various government agencies in the state have been coming up with many measures and campaigns to help lessen or prevent the occurrence of such abuses.

What to do when you get wrongfully terminated from your work?

It’s not every day that one gets wrongfully terminated and moving on from this very difficult chapter in your life is not a very easy process at all. And so to help you get over this very difficult process, here are some tips that can help you deal with wrongful termination.

  • Secure all pieces of evidence like documents and witness testimonials that can help you prove that you were indeed wrongfully terminated.
  • File a wrongful termination complaint. Ask the help of a top California Wrongful Termination Attorney who has great depth of knowledge of the many labor and employment laws in the state. This way, you’d be able to file a strong case that can help you win the case.
  • Cooperate with your lawyer. The best way to get a favorable result for your claim is to do what your employment attorney advises you to do. By doing this, you are making your case easier to pursue and to win.

Getting justice for being wrongfully terminated from your job should be easy. Just get the services and trust a Top Wrongful Termination Lawyer and you will have more chances of winning your claims, making those responsible for your pain and suffering accountable for their actions.



Laws Protecting Employees and How to Choose Top Employment Labor Law Firm

employment labor law firm

The State of California, being one of the most states in the country, depends on its workforce to keep driving its economy forward. The California labor force is one of reasons for the country’s many economic milestones, making the country one of the strongest developed countries in the world today. Because of this, the government has to do everything it can to help protect its workforce and provide fair working environments to workers.


Protection for the country’s labor force

Many California workers are subjected to different types of abusive actions and conduct of certain employers. Some of these workers are underpaid, overworked, discriminated, and harassed. Because of this, the federal and state governments do their best to implement laws protecting the welfare and interests of Los Angeles workers.

The United States’ labor laws

There are many labor and employment laws that are being implemented in the State of California. Here is a list of some of the labor laws implemented to protect every California worker from abuse.

  • Fair Labor Standards Act (FLSA). This law, also called the Wages and Hours bill, is a federal statute. The FLSA introduced a maximum 44-hour seven-day workweek, a national minimum wage, guaranteed “time-and-a-half” for overtime work in certain jobs, and prohibited the employment of minors in “oppressive child labor.”
  • National Labor Relations Act. Also known as the Wagner Act is a statute that guarantees the basic rights of employees in the private sector. This is mainly concerned in allowing private sector workers to put up trade unions, engage in collective bargaining with the employers to achieve better terms and conditions in the workplace, and take the necessary collective action as deemed needed. Through this act, the National Labor Relations Board is put up, which helps conduct elections that helps award labor unions and requiring employers to engage in collective bargaining with the said union.
  • Occupational Safety and Health Act. This federal law is responsible for governing the occupational health and safety for the employees in the private sector. Enacted in 1970, this law ensures that employers will be providing their employees an environment that is free from any form of hazards, like the exposure to toxic substances, excessive noise levels, mechanical dangers, stress due to extreme temperature levels, as well as unsanitary workplace conditions.
  • Anti-discrimination laws. The Federal and state governments also implement various laws to help prevent discrimination in the workplace. Under these laws, any form of employment discrimination that includes race, gender, religion, national origin, age, religion, disability, and genetic are prohibited. Through these laws, employers are also prevented from retaliating against their employees by means of wrongful termination or harassment for asserting all of the rights accorded to every American worker by the many labor laws.
Fighting for your rights

If you have been a victim of any violation from any of the above-mentioned laws, then you should seek the help of Los Angeles employment lawyers. These people can help you prepare the pieces of evidence needed for, as well as the filing of any labor law violations to the corresponding government agencies or the courts. Through the help of top employment lawyers in Los Angeles, you can be assured of the best representation as they are very much adept to the many state laws and their respective statutes to improve your chances of winning your claims.


Choosing the top employment labor law firm

Should you plan to take a legal action against an abusive employer, you should know the risks and difficulties that come with it. Also, you should come up with the best legal team possible to bolster your chances of winning your case. Here are some tips that can help you pick a good employment attorney in Los Angeles.

·    Check the educational background and achievements of the Los Angeles employment attorney. This will give you an idea of the capability of the lawyer and his or her qualifications that can help you win your case. It is also wise to know the lawyer’s track record to learn his or her experience in the field of law.
·    If possible, pick an employment and labor attorney in Los Angeles. These lawyers have expertise in both employment and labor laws. What this means simply is that they are knowledgeable of more employment and labor laws which gives them the know-how in pursuing your case and presenting it to the courts. Most often than not, cases are won and lost in the way that it is presented to the courts. That is why it pays to invest a lot in the preparation of cases.

There are tons of California employment labor lawyers that you can find, but not all of them are created equal. That is why you have to make sure that you are making the right decision when it comes to the composition of your legal team that will defend you in court. So it is best that you follow these simple tips to help you get the most chance of winning your case. After all, this is about fighting for your rights and your honor as an American.

Forms of Employment Discrimination Prohibited in Los Angeles

employment discrimination






Since time immemorial, employees have been battling with workplace discrimination and harassment. Unfortunately, until today, thousands of Americans are still falling victims to many forms of workplace discrimination.


Federal moves to put an end to workplace discrimination

Employees have been virtually powerless against their employers that they become victims of different kinds of discrimination and harassment. Prior to implementation of different employment laws, workers had no protection or legal remedy to turn to when they become subjected to employment discrimination and harassment. This was changed when the Federal government came up with an employment discrimination law prohibiting different forms of workplace discrimination and harassment. Called Title VII of the Civil Rights Act of 1964, this law makes employment discrimination unlawful. This law offers various legal remedies and protection against different kinds of workplace discrimination to make abusive employers liable for their wrongdoings.

Pursuant to Title VII, employers cannot discriminate against employees and applicants on the basis of the following:

·     Race Discrimination. An employer is prohibited from treating an applicant or an employee unfavorably because of his or her coming from a certain race or having personal characteristics associated with a certain race. The law prescribes that employees and applicants must be treated fairly regardless of his or her skin’s color or complexion.

·        Sex Discrimination. An employee must not be subjected to any form of sexual harassment or be treated unfavorably because of his or her sex or sex. Also one person must not be treated unfairly because of his or her association with a group or organization focuses on a certain sex.

·       Pregnancy Discrimination. An employer must not make discriminating remarks or subject a pregnant woman to unfavorable treatment because of her pregnancy, childbirth, or a medical condition caused or related to pregnancy or childbirth. One’s pregnancy shouldn’t also be a basis for one’s employment, hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits like leaves or health insurance, or any other term or condition of employment. Moreover, employers must extend the necessary reasonable accommodation to pregnant women.

·     Religious Discrimination. An employer must not unfavorably treat an employee because of his or her religion. Furthermore, employees and applicants must also be allowed to follow religious customs, wear articles of clothing and accessories that expresses their religious affiliation.

·      National Origin Discrimination. An employee, no matter wherever he or she came from must get equal treatment from their employers. No employer on the other hand can make employment decisions based on one’s nationality, ethnicity or accent, or because of their appearance that is associated with a certain ethnic background.

·      Disability Discrimination. Persons with sicknesses and disabilities must also be treated fairly in the workplace. A disabled worker must not be treated less favorable because of his or her history of a disability or because he or she has a physical or minor mental impairment. Additionally, an employer is required by law to provide the necessary, reasonable accommodation to help their workplace friendly for people with disabilities.

·     Age Discrimination. People aged 40 or older should also be treated fairly in the workplace. The Age Discrimination in Employment Act (ADEA) and other similar laws protect employees, young and old. Basically, employment decisions should not be based on one’s age but on his or her performance or qualifications.

The continuing fight against discrimination in the workplace

The government for its part is doing everything it can to ensure that all people in the workplace are protected from any form of discrimination. That is why employment laws are continuously being reviewed to formulate the necessary amendments to the same. Moreover, various agencies are working hard to make sure that every worker in the U.S. is safe from any form of harassment or abuse.

You must exercise and stand up for your rights as an employee should you be a victim of any form of discrimination in the workplace. Consult with employment discrimination lawyers to help you understand your rights and fight for the same. It is best that you hire the services of experienced California employment discrimination lawyers because they have better knowledge of Federal and state laws and how employment discrimination claims work. They offer better representation for you in the courts to ensure that you get abusive and discriminating employers accountable for their actions or the lack of it.

Types of Labor Law Violations in California Employment

labor law violations

Every California employer is expected to honor its employees’ rights, especially when it comes to matters that reflect with the state’s labor laws. As it is, incurring a labor law violation in California would immediately cause an employer to face stiff penalties. If indeed it has violated one of the important labor laws, it may have to provide aggrieved employee/s relief for the damages and losses they suffered because of it. Basically, California has one of the most protective labor laws, which would surely put employers at a disadvantage if ever they have been found to have subjected their employees to such forms of violations.

If you are an employee in California, it is your right to perform your work in a safe and fair workplace pursuant of the applicable state and federal labor laws. It is your right to be paid the minimum and overtime wages, as well as take advantage of your meal breaks, rest periods, vacations, and medical leaves, and file for worker’s compensation if you have been injured while working. It is also your right to file a complaint with the best California labor law violation law firm if you found that your employer denied you of one of your labor rights.

Typical labor law violations in employment

According to a top California labor law violation law firm, here are some of the common disputes that employers and employees face in employment:
  •  Minimum wage violations. Under current California labor law, the minimum wage in the state is set at $8.00 per hour. As such, you are entitled to wages based on that minimum, regardless of your term of employment—full time, part time, piece basis, or commission basis. However, some employers deny their employees’ right to receive wages in order to save on expenses by not paying the latter on time, underpaying them, or not giving wages at all.
  •  Overtime violations. Likewise, if you are paid hourly or considered as a nonexempt employee, then you are entitled to receive overtime wages. Pursuant to the California labor laws, you are entitled to overtime set at one and one-half times the regular rate of pay for every hour worked beyond eight hours in a workday or beyond 40 hours in a workweek. However, some employers are not responsible enough to provide overtime wages to employees who work beyond the regular hours in a working day.
  • Meal and rest violations. You are entitled to meal and rest breaks, depending on your working hours. If you work more than 5 hours in a single workday then you are entitled to a 30-minute meal period, while you are entitled to two 30-minute meal periods if you work for more than 10 hours per workday. If you meal period is considered “on-duty,” then your employer must not deduct it from your payroll. Regarding rest periods, you are entitled to such in 10-minute duration for every 4 hours you've worked. Your employer must provide you one additional hour of pay at a regular rate for each day you have not been provided with either a meal or a rest break.
  • Employee misclassifications. Some employers often misclassify employees as either exempt (salary paid) instead of nonexempt (hourly paid) or as independent contractors in an effort to save on company expenses. Misclassifying nonexempt employees as exempt means that they are being deprived of receiving overtime and other wages.
  • Record-keeping violations. If you are underpaid or you have not received any wages at all, it means that your employer also failed to abide by the California labor laws regarding record keeping  It is every California employer’s responsibility to adhere to the wage and hour statutes of California regarding keeping employee records. Such details as hours worked, as well as work history and other important wage records must be kept for at least two years for inspection purposes. This will also serve as evidence in case you or your co-workers file wage and hour claims against your employer.

Other deceptive labor law violations. Some employers also engage in unlawful and deceptive labor practices, to include making wrongful deductions in wages, violating company rules on tipping employees, failing to pay past due sales commissions, earned vacation time, and all due wages upon employees’ termination or layoff.

Seeking legal action

Any of these violations, if done on a habitual basis, would mean stiff penalties on the part of the erring employers. So if you are an employee working for a company that is known to engage in any deceptive and unlawful employment practices that are not in pursuant with the wage and hour statutes in California, it is imperative that you seek legal counsel with a California labor law violation law firm in order for you to establish a claim against your employer.

About Sexual Harassment Cases in the Los Angeles Workplace

sexual harassment

One of the most common issues in the realm of employment in Los Angeles, California is sexual harassment. Every year, the U.S. Equal Employment Opportunity Commission (EEOC) receives around 2,000 of such cases from the state. This form of sex discrimination is prohibited under the prevailing federal and state employment and labor laws, including Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA). 

An employee who gets involved in an activity initiated by a co-worker or immediate superior that is sexual in nature must exercise legal action immediately by seeking the help of the best Los Angeles sexual harassment Attorneys.

About sexual harassment

Basically, sexual harassment in the workplace is a form of sex discrimination described as any conduct or action that is sexual in nature done to an employee in any aspect of the latter’s employment. While cases of sexual harassment often involve female employees, there have been other cases in which male employees have also been subjected to such action. Moreover, conduct that is considered as sexual harassment can be classified as verbal, visual, or physical in nature. Here are the descriptions of each one of them:

·       Verbal sexual harassment. This involves calling out sexually-oriented demeaning names, making inappropriate remarks towards an employee and his or her outfit, blurting out “jokes” that are obscene or off-color in nature, repeating sexual innuendos, and making sexually suggestive sounds or gestures such as whistling and smirking.

·       Physical sexual harassment. This conduct involves physical contact such as unwelcome touching, patting, brushing up against, pinching, kissing, stroking, and groping.

·   Visual sexual harassment. This conduct involves displaying or showing pornographic material in digital or print format inside the workplace and/or exposing someone’s private parts to a co-worker. Even possessing or sending notes, letters, faxes, e-mails, or any other form of digital or print communication in which content is sexual in nature or sexually abusive is considered part of this kind of sexual harassment conduct.

Quid pro quo harassment

Aside from the verbal, physical, and visual nature of sexual harassment in Los Angeles workplaces, there is also what is called “quid pro quo” harassment. “Quid pro quo” is a Latin term meaning “this for that,” and it involves an employer, co-worker or immediate superior requiring (or at times, forcing or coercing) an employee to engage in sexual activity so that the latter can get a job, promotion, salary raise or any other employment advancement. Making sexual advances at work can be devastating for the part of the employee especially that he or she is in a situation where disrupting contact with the harasser is impossible. If he or she does not give in to the demands of the harasser, he or she may face retaliatory actions such as suspension from work, deduction of salaries, or even termination of employment.

Sexual favoritism

Surprisingly, California law on sexual harassment and discrimination also includes what is called “sexual favoritism.” According to top sexual harassment attorneys in California, suppose an immediate superior—manager, supervisor, or the like—is linked with an employee, and the latter was given a raise or was promoted ahead of his or her other co-workers who are more qualified for that promotion. This form of workplace harassment is considered such because this gives the impression that obtaining employment advancement can be done by engaging to a sexual relationship with that immediate superior.

Seeking the legal services of sexual harassment attorneys

Sexual favoritism and quid pro quo harassment, as well as the physical, verbal, and visual form of sexual harassment, if done repeatedly, can create a hostile working environment for the employee/s involved. As an employee working in Los Angeles, it is important that you exercise your rights especially that such form of sex discrimination is prohibited under the various federal and state employment statutes. If you have been pressured to give in to the sexual favors of your superior or you are forced to tolerate any inappropriate conduct in the workplace, then you must respond to it immediately by seeking the legal services of Los Angeles sexual harassment Attorneys. By doing so, you won’t only be made aware of your legal options against your employer, but you may also have an increased chance of securing compensation for the damages your employer caused you.


Understanding California Age Discrimination Law

age discrimination

Federal and California anti-discrimination laws are known to prohibit such common forms of workplace discrimination as race, sex, and disability discrimination. However, what many people don’t realize is that there are similar laws that make it illegal for employers to discriminate against employees and applicants in any aspect of employment on the basis of their age, as mentioned by California age discrimination attorneys.

During tough economic times, companies often resort to employment layoffs, affecting those who have been in service with them for a very long time. While there is certainty that new employees may also be let go, it is often the senior employees who are considered candidates to being laid off or terminated. This is because these individuals have been obtaining higher salaries for quite some time, and laying them off is the best option in such a difficult situation. For some employers, younger and less experienced workers cost less and are considered better investments than the senior and more experienced ones. Employers may easily get away with doing such employment decisions without discriminating others, but there have been a lot of California cases in which they subject employees age 40 or older to workplace bias on the basis of age. In fact, figures from the U.S. Equal Employment Opportunity Commission (EEOC) showed that during the fiscal year 2012, the agency received about 1,800 of such cases. Needless to say, this form of workplace discrimination is definitely a humiliating experience, which is why affected employees must consult with California age discrimination lawyers right away.

About age discrimination and California age discrimination law

This form of workplace discrimination refers to an action or conduct in which an employee or applicant is less favored because of his or her age. It can happen in any term or condition of employment, including the following:

·   Hiring process, where an employer may deny an 40-year-old or older employee a job because of his or her age;

·     Promotions, where an employer decides not to promote an older, experienced employee and instead favors a younger but inexperienced employee;

·        Demotions, where an employer decides to assign an older employee to a low-ranking job in the company to give way to a younger employee to take over the vacant job opening previously held by the older one; and

·       Termination; where an employer decides to lay off an employee as a cost-cutting measure and as a way to invest on younger candidates in employment.

Age discrimination may seem new to some, but the employment law that makes this form of workplace discrimination illegal have been around since the 1960’s. The Age Discrimination in Employment Act (ADEA) was signed into law in 1967, and applies to employers with 20 or more employees. This federal law simply prohibits employers from discriminating against employees and applicants ages 40 or over. In California, similar provisions also appear in the state’s Fair Employment and Housing Act (FEHA). While the laws apply to individuals aged 40 or older, they do not prohibit employers from favoring an older worker over a younger one, even if the ages of the two individuals are 40 or older.

Age-motivated harassment in the workplace is likewise not allowed under the ADEA and the FEHA, according to an age discrimination attorney in California. Saying offensive remarks about a person’s age, especially if the individual is 40 years or older, is considered harassment. Similar conduct that happens frequently to a person may either create a hostile working environment or may result in the employer making an adverse employment decision such as termination or demotion. Also, retaliating against an employee who charges, testifies or participates in an investigation of an age discrimination-related incident is illegal pursuant to the two anti-age discrimination laws.

Your rights under California age discrimination law

If you have been subjected to discrimination, harassment, or retaliation on the basis of your age, then pursuing an age discrimination case against your employer should be the first of your priorities. However, having your case handled by the best Los Angeles age discrimination attorneys will guarantee you the best possible outcome. Failing to do so means undermining your right to just and fair compensations that you may be entitled to receive if you emerged victorious in your case.