At Aitken Campbell Heikaus Weaver, LLP we focus on representing employees who need assistance understanding their rights and remedies. We provide personalized attention and the highest quality of legal representation for each and every client. Providing solutions to employees facing employment law questions, legal challenges and disputes is our primary objective.
We pride ourselves on having direct contact with our clients so that your rights can be vindicated effectively and efficiently. Let us help you by fighting for your rights as an employee, and to achieve the justice you deserve.
Being terminated or laid off can be one of the lowest points in a person's life. Serious consequences can occur with not being able to financially support your family due to being wrongfully terminated or discriminated against in the workplace.
At Aitken Campbell Heikaus Weaver, LLP we understand the added stress that comes along with losing your job and income. It not only affects you, but your loved ones as well. We strive to assist you in obtaining the best results possible with an Attorney-Client relationship that is on a personal level.
At ACHW, we provide experienced legal representation for employees who have suffered from injustice in the workplace. As an employee, you are protected by federal and state employment laws. ACHW recognizes the careful handling of your case and the potential complexity of the situation. We have represented clients in the following areas:
Equal Pay Act Claim
California recently amended the Equal Pay Act which prohibits employers from paying its employees less than employees of the opposite sex for equal work. The Equal Pay Act requires employers pay employees equally when they perform "substantially similar work," when viewed as a composite of skill, effort, and responsibility. The Equal Pay Act was also amended to prohibit unequal pay based on race or ethnicity.
Americans With Disabilities Act (ADA)
In 1990 Congress passed the ADA having found that “physical or mental disabilities in no way diminish a person's right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination.” 42 C.F.R. § 12101(a)(1)(1990). The Americans with Disabilities Act is a civil-rights law that provides certain protections for Americans with disabilities. If you feel you have been discriminated against due to a disability, contact Aitken Campbell Heikaus Weaver.
California Labor Code § 1102.5 protects employees who disclose information to a governmental agency, a fellow employee with authority to investigate or who provides information to or testifies before a public body conducting an investigation, where the employee has reasonable cause to believe that the information disclosed is a violation of a state or federal statute. For example, an employee who discovers their employer is engaging in unlawful activity and informs their supervisor of the activity and then is terminated for reporting the activity may have a Whistleblower claim under California law.
Employees in California can be terminated wrongfully by their employer for various reasons, including a disability, national origin, gender, sexual orientation, and age. Terminating an employee for any of these reasons is illegal in California.
It is illegal to discriminate against employees in the workforce because of a person’s age, gender, or disability. The California Fair Employment and Housing Act (FEHA) applies to public and private employers, labor organizations and employment agencies who employ 5 or more employees. FEHA protects workers aged 40 or older from discrimination in the workplace or in hiring practices. A disability can include a recent diagnosis, for example, cancer, the treatment of which will require a leave of absence from work.
It is illegal in California to retaliate against an employee who complains about discriminatory behavior in the workplace, where that discrimination is due to a person's age, gender, or disability. Employees who stand up for themselves or a fellow employee should not be demoted, harassed or terminated for informing their employer that co-workers are illegally discriminating in the workplace.
Firefighters Procedural Bill of Rights Act (FBOR) and Peace Officers Procedural Bill of Rights Act (POBOR)
The Public Safety Officers Procedural Bill of Rights Act (POBRA”) and the Firefighters Procedural Bill of Rights Act (FBOR) provide rights and protections to police officers and firefighters throughout California. POBRA and the FBOR provide procedural safeguards to protect first responders from punitive action and established, with certain exceptions, a one-year period of limitations within which an employing fire department must complete its investigation of any act, omission, or other allegation of misconduct and notify the police officer or firefighter of its proposed disciplinary action.
Wage and Hour
In California, non-exempt (hourly) employees are entitled to one and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek. An employee is entitled to double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek. However, not all employees are properly classified as non-exempt and therefore entitled to overtime. Some employers misclassify their employees as exempt (salaried) and fail to provide those employees with any overtime. Other employers misclassify their employees as independent contractors and also fail to provide those employees with any overtime. At Aitken Campbell Heikaus Weaver, we assist individuals in determining whether their employer has properly classified them for purposes of overtime and whether they are entitled to overtime compensation under California law.