Employees have a right to a safe workplace that is free from discrimination and harassment. However, everyday employers infringe on these rights and mistreat their employees.
Thankfully, the legislature has recognized that employees should be given certain rights and protections against predatory employers. Laws such as Title VII of the Civil Rights Act and the Americans with Disabilities Act cover these rights at the federal level while California has its own statutory laws.
If you have been wronged in the workplace, you have options. At Walker Law, our Irvine employment law lawyers handle a variety of cases from various industries and occupations. One common theme throughout all our cases is our dedication to making sure hard-working employees receive the justice they deserve. Call today for your free consultation.
Wrongful termination refers to employers who fire their employees for illegal reasons. Examples include false reports of harassment, discrimination by a superior, or as retaliation by an employer in response to an employee speaking out.
Certain classes of people are protected from employees discriminating against them base d on that class. Race, gender, disability, religion, and age are all protected under federal law. Furthermore, sexual orientation, gender identity or nonconformity, medical condition, genetic information, or marital status are all protected characteristics in California. It is illegal for employers to base hiring, firing, or promoting decisions on illegally discriminatory grounds.
Allegations of sexual harassment fall under the umbrella of hostile work environment claims. Typically, they involve repeated unwelcome advancements in a job situation. When a worker who has been the victim of unwanted sexual advances reports the wrongdoing to their superiors or the HR department, the expectation of employers is that they will correct the situation. If they do not, an employee may be able to sue the company for hostile working conditions.
Employees who allege that their employer has not paid them properly are among the most common lawsuits filed by employment attorneys. Employees are sometimes misclassified as independent contractors when they should be classified as full-time employees. An employee may be classified as an executive or professional employee. As a result, employees may be unable to receive overtime pay that they are entitled to.
An employer cannot retaliate against an employee who reports criminal or illegal activity to the authorities. Furthermore, an employer may not retaliate against an employee who reports wrongdoing that is detrimental to the public good. For example, employees who work in a restaurant and report unsanitary conditions to the board of health can sue for retaliation if fired for their claims.
Employees who suffer financial injury as a result of an employment lawsuit may be entitled to recovering damages. Such damages may include:
Employment law cases can be complex and oftentimes, an employee who feels wronged may feel hesitant to bring their case for fear of the reaction by their employer. An employee who decides to pursue a claim may feel like they are alone. At Walker Law, we not only provide you legal advice but make sure that we are beside you through every step of the process. Fighting for wronged employees is not just a job – it is a vocation that our attorneys take seriously. Contact our Irvine employment law lawyers today to make sure that you have adequate representation to tell your story.