The Van Nuys employment law attorneys at Kingsley & Kingsley help workers in California pursue their legal rights and secure justice and fair compensation for their losses. As lawyers who have been upholding the rights of employees in California for nearly four decades, we know and understand the intricacies of employment litigation, from taking a case to a jury trial to engaging in settlement negotiations, and winning for our clients.
Our Van Nuys employment law attorneys focus on the rights and well-being of workers. We offer a no-win, no-fee guarantee to our clients, which means we don't charge or collect fees unless we secure compensation in your case. California employment law has several provisions that are strong when it comes to protecting workers' rights. We will work diligently to help you achieve the best possible outcome in your case.
Types of Cases We Handle
Most of us in California are at-will employees, which means that employers can fire their employees without providing cause or justification and employees can also quit without having to provide similar cause to their employees. However, there are certain exceptions to at-will employment. For example, if you have a contract with your employer and you are fired in violation of that contract, you may be able to file a wrongful termination lawsuit against your employer.
Here are some other situations under which you may be able to sue your employer for wrongful termination:
- You were fired because you blew the whistle on your employer's illegal or unethical activity such as a dangerous work environment, discrimination or harassment.
- You were let go because of your political views or activism outside of work.
- You were retaliated against for reporting your employer's illegal activity. Retaliating against you for cooperating with an investigation against your employer by a government agency such as the Equal Employment Opportunity Commission (EEOC) or the Occupational Safety and Health Administration (OSHA), is against the law.
Wage and Hour Lawsuits
California's wage and hour laws set minimum standards for the employee's work hours and overtime, mandatory breaks and minimum employee pay. All employers in California are required to follow not just the federal minimum wage laws, but also similar laws passed at the state and municipal level.
In addition, they must provide workers with the rest and meal breaks required by labor laws. California employers are also required to pay overtime (time and a half) to non-exempt employees who work more than eight hours a day or 40 hours in a week.
In our practice, we also see a number of employers who attempt to misclassify employees as independent contractors to circumvent wage and hour laws. Requiring employees to work "off the clock" is yet another common strategy employers use to shortchange their employees.
In such cases where wage and hour violations affect several employees, workers may be able to band together and file a class action lawsuit against their employers.
There are a number of different types of harassment in the workplace that create a hostile work environment. Harassment is a form of discrimination in the workplace that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1990 (ADA). Harassment is typically any unwelcome conduct that is based on race, color, religion, sex, national origin, age (40 and above), disability or genetic information.
Harassment becomes unlawful or illegal when the offensive conduct becomes a condition of continued employment and the conduct is severe or pervasive enough to create a hostile work environment. Offensive conduct may include, but is not limited to offensive or off-color jokes, slurs, racial epithets, physical threats, intimidation, ridicule, offensive pictures, emails, etc.
The harasser can be the victim's supervisor, a supervisor in another area, a client or a non-employee. The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct. Here are some steps you can take if you are facing harassment in the workplace:
- Tell the person who is harassing you to stop, if you feel comfortable enough to do that.
- If you don't feel comfortable communicating with the harasser directly or if the behavior does not stop, consult your employment handbook to check if your company has an anti-harassment policy.
- Report the harassment to your supervisor or someone in your company's human resources department.
- If your company has a policy, follow the rules set forth in the policy to lodge your complaint.
- If the harassment still continues, file a complaint with the EEOC right way. You can also schedule an appointment to speak with a representative of the EEOC to discuss your situation. You may also file a complaint with the California Department of Fair Employment and Housing.
Why You Need a Van Nuys Employment Lawyer
If you are facing discrimination, harassment or retaliation at your workplace or if your employer is not paying wages that are due to you, it is important that you contact an experienced Van Nuys employment law attorney who will remain on your side, fight for your rights and help you seek maximum compensation for your losses.
Being fired illegally from your job or being mistreated at work can cause not just financial stress, but also significant psychological and emotional issues for employees. Workers who are laid off or fired can suffer from depression or anxiety.
Those who are harassed or discriminated in the workplace or face a hostile work environment on a daily basis may have trouble even carrying out their duties. We understand the impact these types of traumatic events can have not just on the employee, but also his or her family. Many workers even struggle to get jobs after they are wrongfully terminated.
At Kingsley & Kingsley, we understand that employment lawsuits are not just about money, but also about righting a wrong and protecting your reputation. We will help you secure fair compensation and hold your employer accountable. We provide no-cost, no-obligation consultations to our clients. Call us at 888-500-8469 for a comprehensive consultation.