If you have a dispute with your employer relating to your job or job duties, you might need to retain the services of an experienced Lake Balboa employment lawyer. While some of these issues can be simply resolved, most issues in the workplace, be it harassment, discrimination, wage disputes or wrongful termination, can be complicated and challenging to handle on your own. There are state and federal laws surrounding workplace issues, and you need a knowledgeable employment law attorney on your side who can help guide you through what can be a complex process.
Did Your Lake Balboa Employer Illegally Discriminate Against You?
Not all types of unfair treatment amounts to discrimination under state and federal law. In order for illegal discrimination to occur, the employee should fall under a "protected category." Employers cannot discriminate based on race, religion, nationality, language, age, gender, disability, sexual orientation or gender identity.
In addition to being in a protected group, the employee or plaintiff must also be able to prove that his or her employer took an adverse employment action because of their protective status. An experienced Lake Balboa employment lawyer can help you determine whether your employer's actions amounted to discrimination under the law.
An employment attorney can help prove your employer's intent, which can be extremely challenging. For example, if your employer says you did not perform your job duties in a satisfactory manner, you may be able to prove otherwise by showing memos, emails or internal performance reviews, which prove that you were in fact doing your job well.
Discrimination based on age and gender is also sadly common in many workplaces. Women, for example, may not get the equal pay for the same work done as their male counterpart. Or older workers may become the target of layoffs in cases where a company may look to hire younger, cheaper workers. These are all forms of discrimination.
Have You Been Wrongfully Terminated?
Wrongful termination occurs when an employer has unlawfully terminated an employee. However, in such cases, the employee, who is the plaintiff in these cases, bears the burden of proof. This means the employee must provide evidence to show that the actions of the employer were illegal.
There are many pieces of evidence that may be used in wrongful termination cases including internal memos, emails and other correspondence; statements from co-workers and other witnesses; documents, etc. If you have been terminated unlawfully, you may be entitled to recover monetary damages from your employer including but not limited to lost wages and attorney's fees. However, these are complex cases and require the counsel and guidance of an experienced Lake Balboa employment lawyer.
Wrongful termination may occur under various circumstances. For example, an employee may quit because of a hostile work environment, which means the conditions at work are so intolerable that the employee is left with no other option but to leave. If you have had to quit your job because of a hostile work environment, you may be able to seek compensation for lost wages and other damages including infliction of emotional distress.
Wrongful termination also occurs because of discrimination as well as employees being fired, demoted or otherwise mistreated as retaliation. Employers cannot fire or lay off employees based on their age, race, sex, religion, marital status, disability, sexual orientation, gender identity and other legally protected classifications.
In some cases, workers are wrongfully terminated as retaliation for reporting their employer's unlawful activities such as providing a dangerous work environment, discrimination, harassment, engaging in fraud, etc. If you believe that you have been wrongfully terminated, please contact an experienced Lake Balboa employment lawyer who can help you better understand your legal rights and options.
Wage and Hour Issues
A majority of wage and hour violations involve overtime compensation or employers misclassifying their employees as independent contractors. Employers may also violate state or local minimum wage laws and fail to compensate employees for overtime. Some employers also require employees to work during breaks and lunchtime, but don't compensate them for such overtime work. All of the above actions are illegal. If you have worked the hours, you deserve to be compensated for that time.
If your employer is denying you the wages you have earned, it is likely that you co-workers are in the same situation. In such cases, employees who have been wrongfully denied their rightfully earned wages may be able to band together and file a class action lawsuit to claim these unpaid wages. An experienced Lake Balboa employment lawyer can help individuals through this complex process and help them secure justice and fair compensation while holding employers accountable.
What Damages Can You Claim?
Depending on the nature and circumstances of your employment case, you may be able to seek and obtain a number of different types of damages from your employer including:
Lost wages and benefits: In most of these cases including wrongful termination, you may be able get back earnings you lost as a result of the termination. For example, if you suffered from age discrimination and were terminated as a result, you may be able to receive back pay from the date of your termination to the date your case was adjudicated. In some cases, you may also be able to receive compensation for wages you're going to lose in the future as a result of your employer's discriminatory act. Your damages may also include the lost of benefits such as healthcare benefits, dental insurance, pensions, retirement plans, stock options, etc.
Non-economic damages: Plaintiffs may be able to seek compensation for pain and suffering, or emotional distress they have suffered as a result of the mistreatment at work.
Attorney's fees: In addition to damages, you may also receive attorney's fees, which means the court will order the defendant to pay your lawyer's fees.
Punitive damages: While these types of damages may be rare, they are typically awarded in cases where the employer's actions were particularly outrageous. Punitive damages are usually awarded to deter the employer from engaging in such practices in the future.
Lake Balboa Employment Lawyers
If you or a loved one has been discriminated, harassed, wrongfully terminated or otherwise mistreated at work, the experienced Lake Balboa employment lawyers at Kingsley & Kingsley can help you better understand your legal rights and options. We will fight hard to uphold your rights and work diligently toward accomplishing the best possible outcome in your case. Call us at 888-500-8469 to schedule your no-cost, no-obligation consultation and case evaluation.