At Kingsley and Kingsley, our experienced San Bernardino employment lawyers dedicate our practice to fighting for the rights of workers who are involved in employment and labor law disputes. Our attorneys have 40 years of experience successfully handling such claims in San Bernardino County. We know what it takes to help our clients secure justice and compensation after they have faced discrimination, harassment, retaliation, wrongful termination or other unlawful practices in their workplace.
We understand that if you have been discriminated against in the workplace or have lost your job unfairly or as the result of your employer's illegal actions, this might be an extremely challenging time for you financially as well as emotionally. We are here to help guide you through the process and put you in the best possible position for a successful outcome. Call us to find out how we can help you.
What Laws Protect Employees in San Bernardino?
There are a number of strong federal and state labor laws that protect workers in San Bernardino and throughout California. Federal employment laws cover employees across all 50 states and Washington D.C. They have been enacted over the years as a result of discriminatory behavior in workplaces. States also have the ability to pass their own employment laws. California has among the strongest laws in the nation when it comes to protecting employee rights.
Here are some of the federal laws that protect employees' rights in San Bernardino:
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA)
- Fair Labor Standards Act (FLSA)
- Family and Medical Leave Act (FMLA)
- National Labor Relations Act ((NLRA)
- Occupational Health and Safety Act (OSHA)
- Title VII on workplace discrimination
- Worker Adjustment and Retraining Notification (WARN) Act
California's employment laws prohibit acts such as discrimination and wrongful termination. For example, the state's Fair Employment and Housing Act (FEHA) makes it unlawful for employers with five or more workers to discriminate against job applicants and employees because of protected characteristics such as gender, age, race, sex, religion, disability, or pregnancy.
The California Family Right Act requires employers with 50 or more employees to provide employees with leave for the birth of a child without fear of losing one's employment. Employees with five or more workers are required under the law to provide reasonable leave for up to four months for childbirth, pregnancy or a related condition. If you have been discriminated against or wrongfully terminated, our experienced San Bernardino employment lawyers can help you better understand your legal rights and options.
How Our San Bernardino Employment Lawyers Can Help
Employment law is a complex area of the law. The outcome of an employment lawsuit could affect your career, future as well as the financial security of your family. Our attorneys handle all types of employment lawsuits including the following:
Workplace discrimination: It is illegal for employers to discriminate against job applicants or employees because of their race, color, religion, sex, national origin, disability, sexual orientation, gender identity or genetic information. If you are facing such discrimination in the workplace, you may be able to hold your employer accountable.
Sexual harassment: Harassing a person because of his or her sex or gender is illegal. Sexual harassment in the workplace may range from unwelcome sexual advances to requests for sexual favors, inappropriate touching and other types of ongoing verbal or physical harassment.
Wrongful termination: If your employer has fired you for unlawful reasons, then it is said to be a wrongful termination. For example, if your employer fired you in violation of your employment contract, it's a breach of contract. Wrongful termination also occurs when discrimination, harassment or retaliation on the part of the employer were involved.
Retaliation: The law also prohibits employers from taking adverse actions against their employees for engaging in or exercising their rights that are protected under the law. For example, if your employer takes retaliatory action against you for filing a workers' compensation claim for an injury suffered on the job, that amounts to retaliation, which is illegal.
Wage and hour violations: These types of violations could take many forms from paying below minimum wage to failing to pay employees a final paycheck when they leave employment. While wage and hour violations could happen to almost any employee in any type of industry, we find that it happens more frequently to low-wage workers, women, young people and immigrants.
Damages in Employment Cases
When it comes to employment lawsuits, damages could include all of the financial and emotional losses a person could suffer as the result of an employment dispute. The purpose of such an award is to put the individual back into the same place they would have been, had they not lost their job or been subjected to mistreatment. In most state and federal cases, employees may be able to receive damages including back and front pay; lost benefits such as health, vacation, sick leave and pension; reinstatement; reasonable accommodations; and in some cases, punitive damages.
The purpose of "compensatory" damages is to make the wronged employee whole again such as compensation for lost pay and benefits, pain and suffering, emotional distress, medical bills, permanent disability, and so on. Punitive damages are awarded in egregious cases to punish or deter the wrongdoer or others from engaging in similar behavior. In employment cases, punitive damages are meant to punish the employer and make them an example of others.
Under federal discrimination laws and most state laws, employers must pay reasonable attorneys' fees if you prevail in your case. However, if you lose, a court would not necessarily order you to pay the employer's attorneys' fees and expenses unless your claim is determined to be frivolous or "wholly without merit."
Obtain Your Free Consultation Today
Our team of employment lawyers at Kingsley and Kingsley have been fighting for the rights of employees in San Bernardino County for nearly four decades. We have helped recover hundreds of millions of dollars for employees who have had to experience injustice and wrongdoing. 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 888-209-8927 to schedule a no-cost, no-obligation consultation.