Huntington Beach Employment Lawyer
If you or a loved one has been mistreated at work because of their race or gender, please do not hesitate to discuss your legal options with an experienced Huntington Beach Employment Lawyer. Companies that foster a hostile environment should be held accountable for their wrongdoing.
The Southern California Personal Injury Attorneys of Bisnar Chase have been representing employees who have experienced discrimination, abuse or have been wrongfully terminated for over 40 years. Our clients have won millions in compensation for their financial losses, pain and suffering.
Contact the law office of Bisnar Chase at 949-203-3814 for a free consultation with a top-notch legal team expert.
What Are My Rights As An Employee?
California laws are set in place to not only protect employees in the workforce but to also hold employers accountable for their wrongdoing's. Laws enforced by the state of California declare that employers may not fire or discriminate a worker based on their age, ethnicity, gender, sexual orientation and disabilities.
Employees who inform a superior of illegal or inappropriate activity within the organization are also guarded under California state law. An employer can not retaliate aggressively or terminate someone's employment due to a worker whistleblowing. The United States Department of Labor stated that a whistleblower is safeguarded from an employer "firing, blacklisting, demoting, denying overtime and promotions, etc.."
These employment laws also apply to applicants.
5 Common Types of Huntington Beach Employment Law Disputes
Many workers often wonder if they have a strong foundation for their employment law case. If you have been bullied or pressured to perform a task that you are not comfortable with this can be a clear signal that you need to file an employment claim. Filing a claim will help you earn compensation for damages such as lost wages and medical expenses. Speak to a Huntington Beach local employment lawyer to explore your legal options for your work dispute.
The most common claims filed in a law dispute include:
- Discrimination: Many employers ask questions about race and ethnicity in their applications. This is a slippery slope. While it is not illegal to inquire about race on a job application, the question of how that information will be used must be asked. Some businesses need information on the race of their applicants for affirmative action reasons. Any use of this type of information beyond tracing applicant flow and affirmative action numbers is suspicious. If you believe that you have been discriminated against because of your race, sex, age, religious beliefs or sexual orientation, you would be well advised to speak with an experienced Huntington Beach employment lawyer. Depending on the circumstances of your case, you may be eligible for compensation for the way you have been treated and any losses you may have suffered.
- Sexual Harassment: According to the U.S. Equal Employment Opportunity Commission sexual harassment is a "...form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 . Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government." A key factor that must be present in a sexual harassment claim is that the acts that were proposed to the employee were "unwelcomed". It is important to note as well that sexual harassment is not exclusive to just one gender. The Conversation reported that many men are sexually harassed in the workplace. An estimated amount of 37% of men have claimed to have had experienced unwelcomed sexual advances from a co-worker or employer.
- Wrongful Termination: If you feel as though your contract with your employer has been violated you have the right to file a wrongful termination claim. Wrongful termination claims do not only entail being fired due to discrimination but also involve an employer retaliating against a worker. Employees who had acted as a "whistleblower" may face resentment and anger from their employer. A whistleblower is an employee who reveals information about any illegal or prohibited actions that are taking place inside the company. You should know that employers are not permitted to retaliate against any employee that takes a stand against discrimination. This means that companies cannot retaliate against an employee who opposes discrimination in the workplace or who files a complaint regarding discrimination. In other words, you have rights and those rights are protected. There are laws to assure workers that they are free from mistreatment and losing their job. Workers who feel and have substantial evidence that their employment was terminated under illegal or unfair reasons should contact a Huntington Beach legal expert.
- Severance agreements: When an employer terminates a worker’s employment they may offer the ex-employee a severance package. A severance package is usually given to workers who have been released from employment. Packages are also offered to employees who are retiring. Severance packages are usually comprised of finances that will support an ex-employee until they are hired by a new employer. Finances that are included in severance packages include medical insurance, dental insurance, paid time off and sick leave. Experts say that it is important to have an attorney review the agreement and offer of a severance package. If you immediately accept an offer of a severance package, you may be giving up rights or compensation.
- Wage disputes: Employers who failed to pay employees the amount that was stated in their contract upon hire or have not been paid at all for the duration of their employment should file a work dispute. Employers who do not pay a worker the wages that they were promised are violating the basis of an employees contract and are breaking the law. Wage disputes are usually associated with employees not being paid the standard federal wage. Other instances in which a wage issue may arise is if an employee was not paid the overtime. If your employer stated that they would pay you within a short period of time and they have yet to follow through with that promise then you should pursue a wage dispute.
Ideally, your employer will recognize that your rights have been violated and they will offer you a fair settlement without dragging out the claim process in court. Some cases, however, require litigation to hold the at-fault employer accountable for their wrongdoing. Your actions may even help protect other employees who have been wronged by your employer as well.
Huntington Beach Class Action Lawsuits in Employment Law
A class action lawsuit involves a number of employees or plaintiffs filing a claim against a single employer. To be able to file an employment class action lawsuit an entire group of employees would've had to experienced mistreatment.
There is not an exact amount of plaintiffs that is required in order to file a class action claim. Usually, if you would like to get the maximum compensation for all employees experts state having a minimum of 40 would beneficial.
Steps You Should Take If You have Been Wrongfully Terminated
Being let go from an employer can be devastating. Many are left in a state of shock, confusion and despair. Not knowing how you are going to pay for your monthly expenses can be stressful. Before you seek help from a Huntington Beach employment attorney there are steps you can take to make filing a wrongful termination claim easier.
Some measures you should take after being wrongfully terminated involve:
- Remaining calm: If you lose control and act violently or aggressively towards your employer after you have been let go, your actions can be used against you later on the legal process. Throughout the whole process be professional.
- Finding out who fired you: Finding out who terminated your employment can sometimes lead to the reason why you were let go. For example, if you reported to a higher up that your direct manager was harassing you and then you have fired the time line of events could possibly reveal who fired you.
- Gathering information in emails that exuded mistreatment: Discrimination in the workplace can be proven by witnesses or through documentation such as emails. It is important to collect witness statements from co-workers and also emails that exuded hostility towards you.
- Asking why you were let go: An employer does not have to justify why you were fired if they are located in an at-will state. In an at-will state, an employer can fire you for any reason and does not have to tell you why. If you were provided with an employment contract the document should state on what grounds your employer can fire you on.
- Returning all company property: It is illegal for a past employer to withhold your last paycheck from you until you have returned company property. If your employer has not paid you because you did not return company property you have the right to file a lawsuit. It is beneficial to you for you to return all possessions to the organization so it will not affect your case after hiring a Huntington Beach employment attorney.
The experienced Huntington Beach employment lawyers at Bisnar Chase have a long and successful track record of helping workers obtain justice and fair compensation for their losses. Please call us at 949-203-3814 or contact us today for a free, comprehensive and confidential consultation.
Making decisions in the workplace based solely on race is unacceptable and against the law. Decisions that cannot be made based solely on race include whom to hire, whom to fire and whom to promote. Discrimination has no place in the workplace. In the workplace, racial discrimination can occur during the hiring process, during decisions regarding promotions or it can involve wrongful terminations.
The law group of Bisnar Chase has been fighting for workers rights for over 40 years. We believe that you and your family should not have to suffer due to an employers wrongdoings.
Contact us today to receive a free case analysis.