If you have experienced discrimination or harassment in the workplace, or if you've endured a hostile work environment in Riverside, you may have the right to file an employment lawsuit seeking justice and fair compensation. California provides some of the strongest workplace protections in the nation, but knowing your rights and enforcing them are two different things. Our Riverside employment attorneys stand between workers and employers who break the law.
At Kingsley Szamet Employment Lawyers, our experienced Riverside employment lawyers are committed to fighting for the rights of workers who have been exploited or mistreated by their employers. When you retain the services of our employment law firm, you will find that your case receives the time and attention it needs and deserves. We will work diligently to ensure that you receive just compensation for your losses and that your employer or former employer is held accountable for their illegal actions.
The Law Is On Your Side - We Make Sure It Stays There
California's Fair Employment and Housing Act (FEHA), Government Code § 12900 et seq, is one of the most expansive employee-protection statutes in the United States. It covers employers with five or more employees and prohibits discrimination, harassment, and retaliation based on protected characteristics including race, color, religion, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, and military status.
On top of FEHA, workers in Riverside are also protected by the California Labor Code, the Industrial Welfare Commission Wage Orders, the California Equal Pay Act (Labor Code § 1197.5), and federal statutes including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Fair Labor Standards Act (FLSA).
At Kingsley Szamet, we have spent more than three decades learning these laws inside and out so you don't have to. When your employer violates them, we hold them accountable.
When Do You Need An Employment Lawyer?
If you have a dispute with your employer that stems from a violation of labor laws or other statutes, you may need an experienced Riverside employment lawyer on your side to protect your legal rights. An employment attorney can represent employees in a number of different employment claims. Here are a few situations in which you may need the counsel and guidance of our employment attorneys:
- Wrongful termination: If you believe that you have been illegally fired, laid off or otherwise terminated from your job, you may need our services. The experienced Riverside wrongful termination lawyers at Kingsley Szamet handle cases where employees have been terminated due to illegal reasons such as discrimination, harassment, retaliation or a hostile work environment.
- Employment discrimination: It is illegal to discriminate against employees based on protected characteristics such as race, skin color, nationality, ethnicity, religion, age, sexual orientation, gender/gender identity, disability and so on. Discriminating against a job applicant or an employee is against state and federal law. If your employer has discriminated against you, our Riverside employment attorneys can help you pursue your legal rights.
- Sexual harassment: Victims who have been sexually harassed in the workplace might have an employment claim. It is against the law to harass an employee because of their sex or gender. Sexual harassment in the workplace could include anything from unwelcome sexual advances or requests for sexual favors to inappropriate touching. If you have been sexually assaulted in the workplace, it is important that you report the incident to law enforcement in addition to contacting a sexual harassment attorney in Riverside.
- Workplace Retaliation: Retaliation in the workplace occurs when an employer takes adverse action against an employee to engaging in actions that are protected under the law. For example, if your employer retaliates against you for filing a discrimination claim or for reporting an illicit activity your employer has engaged in, our workplace retaliation lawyers can help you understand your rights and options.
- Unpaid wages & overtime: There are many circumstances under which employees are not properly paid wages that are due to them. In some cases, employers may not pay the appropriate minimum wage. Sometimes, employees don't receive pay for overtime hours worked or end up not receiving their final paycheck after they have quit their job or have been terminated. If you believe your employer has shortchanged your wages or has failed to pay wages that are due, our wage and hour attorneys can help you.
If you are in need of an employment lawyer Riverside CA our law firm offers free consultations.
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How Can Our Employment Lawyers Help You?
Our goal as employment lawyers is to help you secure justice and fair compensation in your workplace dispute. Here are some ways in which our Riverside employment lawyers can help you:
- Understanding the law: Employment law can be a complex and challenging to understand. Our experienced Riverside employment attorneys can help you get a clear understanding of how the law applies to your situation. Since there are state and federal laws governing employers and employees in Riverside, we can help you understand which laws apply to your case. Our lawyers can provide you with the guidance and the clarity you need to make the right decision.
- Knowledge of the process: Our qualified employment lawyers also know about how the process of filing a claim or lawsuit will unfold. There are statutes of limitations or deadlines that must be observed while filing these lawsuits. We will help you meticulously compile all the necessary documents and submit them on time. Working with our knowledgeable lawyers will give you the confidence and peace of mind you need during these trying times.
- Setting you up for success: Having an experienced Riverside employment lawyer on your side can also help ensure that you have the best possible shot at winning your case. Employers have lawyers or even legal teams at their beck and call. You need a lawyer on your side who is fighting hard to protect your rights and is looking out for your best interests. Your employer may not even take your claim or lawsuit seriously if you don't have quality legal representation.
Protecting Your Rights
If you are facing a work environment that is hostile, discriminatory or retaliatory, there are a number of steps you can take in order to protect your employee rights. First, it's important to stay calm and collected. Don't say or communicate anything to your employer that can portray you in a poor light or that can be used against you in court. It is best to remain calm and go about collecting as much information as possible to help your case. If you are continuing to face discriminatory or harassing treatment, it is crucial that you report the incidents promptly to a supervisor or to human resources. Submit your complaints in written form and keep copies of all documents. Keep a record of all emails and internal memos that concern your case. It might also be a good idea to keep this record in your home or personal computer so you have access to it. It would help to get contact information for others who may have witnessed the incidents as well so your statements can be corroborated.
Frequently Asked Questions
Can my employer fire me for any reason in California?
California follows the at-will employment doctrine, which means either party may generally end the employment relationship at any time. However, at-will is not unlimited. An employer cannot terminate an employee for an illegal reason, including discrimination based on a protected characteristic under FEHA, retaliation for protected activity, or in violation of public policy (the so-called Tameny claim). Employees may also have implied or express contract rights that limit at-will termination.
What is the difference between a CRD complaint and a lawsuit?
For most FEHA-based claims, you must first file a complaint with California's Civil Rights Department (CRD), the state agency formerly known as the DFEH, and obtain a Right-to-Sue notice before you can file a civil lawsuit in court. You can request an immediate Right-to-Sue letter without waiting for the CRD to complete an investigation. Once that letter is issued, you generally have one year to file your lawsuit in superior court. Our firm handles both the administrative filing and all subsequent litigation.
What if I was misclassified as an independent contractor?
California uses the ABC test (codified in Labor Code § 2775 et seq., and established by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court) to determine worker classification. Under this test, a worker is presumed to be an employee unless the hiring entity can establish: (A) the worker is free from control; (B) the work is outside the company's usual course of business; and (C) the worker is customarily engaged in an independently established trade. Misclassified workers may be owed unpaid minimum wages, overtime, meal and rest break premiums, expense reimbursements, and other Labor Code benefits.
Riverside Employment Lawyers Can Help
Our team of employment lawyers at Kingsley Szamet have been fighting for the rights of workers in California for nearly four decades. We have helped recover hundreds of millions of dollars for employees who have had to experience injustice and wrongdoing. Using an employment attorney can help you in a number of ways. We work on a contingency fee basis, which means we don't charge you any fees unless we recover compensation for you. Call us at (818) 990-8300 to schedule a no-cost, no-obligation consultation.
