Irvine Employment Lawyer

Irvine Employment Attorney

Employment law covers a variety of issues pertaining to conflict in the workplace. Understanding employment law in California can help employees know their rights and navigate potential issues with more confidence and ease. Even if you are equipped with this knowledge, having an Irvine employment lawyer can help you advocate for your well-being when issues arise.

Why Choose Us?

At Aitken Campbell Heikaus Weaver, LLP, we are committed to fighting for workers who are mistreated in the workplace. We know the problems that workers face, whether it’s discrimination, wrongful discharge, or unpaid wages, and we do everything we can to make sure that your rights are upheld. With years of employment law experience, we are well-equipped to navigate the toughest cases.

We are not only committed to the cause of providing legal services, we are committed to advocating for those in need of support during workplace conflicts. We provide sympathetic representation through the entire litigation process, from consultation to settlement. We strive to ensure employees are fairly and justly represented.

Employment Law in California

California has some of the most robust labor laws in the country. These regulations are designed to treat workers fairly, pay them adequately, and protect them from workplace violence. As an employee, you are entitled to certain protections while in the workplace. Some of these protections include:

• Protection from discrimination: Employers cannot discriminate against their employees for being a part of a protected class, such as race, age, religion, or many others.
• Protection from wage and hour mistreatment: California’s minimum wage laws dictate that employees must be paid at least a certain amount. There are also rules protecting employees from instances of overtime violations and insufficient breaks.
• Safety: Safety rules are in place to provide employees with a safe working environment.
• Family and Medical Leave: Certain employees are able to take time off work for certain family and medical reasons.

Workplace Discrimination

Workplace discrimination occurs when an employee is treated unfairly based on their status as part of a protected class. Protected classes in California include:

• Race
• Religion
• Sex/gender/gender expression
• Age
• Disability
• Military status
• Political affiliation
• Marital status
• Ancestry
• National origin
• Medical condition
• Sexual orientation

Some examples of workplace discrimination include:

• An employee being denied a promotion while the promotion is given to someone else of a different race, despite being equally or more qualified and capable.
• A female employee being paid less for the same or an equivalent job than her male counterparts.
• A pregnant employee being fired or demoted after disclosing her pregnancy status.
• A manager making racist comments regularly, especially when there are employees of that particular race present.
• An employee being reprimanded for taking time off to observe a religious holiday.
• An employee receives unwanted sexual advances from a superior.
• An employer retaliates against an employee for filing a complaint by demoting them or giving them unfavorable tasks.

Employees are entitled to a workplace free from discrimination. If they are subjected to discrimination, they can file a complaint against their employer.

Wrongful Termination

California is an “at-will” job state, meaning employers can fire people at will (if it’s legal). Yet termination is unlawful when it is contrary to public policy or employment agreements or is based on discrimination, retaliation, or harassment. Examples of wrongful termination include:

• Firing an employee after they filed a complaint against the company.
• Terminating an employee based on their race, religion, or sexual orientation.
• Firing someone for getting pregnant.
• Ending someone’s employment after filing a workers’ compensation claim.

An employer cannot wrongfully terminate an employee. If they do so, they may face legal consequences.

Wage and Hour Conflicts

Wage and hour problems often arise when employers do not pay employees as they should or violate state and federal labor laws. In California, strict labor laws ensure employees get paid sufficiently for their time and energy. The most typical problem is the denial of workers’ minimum wage that should be paid regardless of the job responsibilities or the employer’s situation.

Non-exempt workers also receive overtime pay at a rate of 1.5 times their normal salary when they work more than 8 hours in a day or 40 hours in a week. Those employers who don’t compensate workers for overtime can face very severe legal penalties. Another problem happens when companies misclassify workers as contractors to avoid paying overtime or providing benefits. That misclassification denies workers their rights and protections.

In addition, California requires that employees be given meal and rest breaks during the day, and wage violations can result if those breaks aren’t granted. If you have faced any of these problems, a lawyer can fight to recover your unpaid wages, penalties, and damages.

Sexual Harassment

Workplace sexual harassment is a crime and can have grave consequences for an employee’s well-being and career. It occurs when an employee is made a target for unwanted sexual advances, remarks, or actions that are hostile or intimidating in the workplace. This may include pornographic jokes, profane stances, or sexual verbal, or physical behavior.

When an employer or coworker sexually harasses an employee, they should be reported to the employer. However, if that behavior continues or is not corrected, the employee can take legal action.

Retaliation

Retaliation is when an employer retaliates against an employee for exercising their rights under the law. Retaliation may involve firing, demoting, or otherwise treating an employee who has made a complaint, reported an illegal activity, or cooperated in an investigation differently than another employee.

For instance, retaliation occurs when an employee makes a complaint about discrimination, engages in a harassment investigation, or files a safety report and is retaliated against by their employer through undesirable hours, unsavory job assignments, or termination.

In California, employees are protected against retaliation. They should be able to report violations without fear of being reprimanded.

Family and Medical Leave

Californians have access to state and federal family and medical leave so workers can take time off to take care of themselves or a loved one without risking their jobs. Under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA), employees who have certain qualifications may take up to 12 weeks of unpaid leave in a 12-month period for a birth, adoption, illness, or a loved one whose serious health condition requires their attention.

Employees must also be permitted to return to the same or similar position upon the end of leave during this period. Additionally, California does not allow employees to be fired for taking family and medical leave.

Workplace Safety

Employers have an obligation to provide a safe work environment for their employees in Irvine, CA. This includes supplying safety gear, providing clean workspaces, and conducting appropriate training to avoid accidents.

Workers who experience unsafe work practices are free to file reports of such violations without reprisal and can refuse to work in a job in which serious harm may occur. Workers’ compensation, among other forms of compensation, may apply if someone is hurt in the workplace because of unsafe working conditions. Employers who do not provide safe working conditions may be subject to legal penalties.

FAQs

Q: How Much Does an Employment Lawyer Cost in California?

A: The fee of an employment attorney in California is based on the nature of the case and the lawyer’s experience. Most lawyers work on a contingency fee system in which you only pay them if you get a settlement. Others might have an hourly or fixed fee. Always ask about costs at your initial consultation so you know what you are paying for.

Q: How Do I Get Free Advice from California Labor Law?

A: In California, free labor law consultations are available through institutions such as the California Department of Industrial Relations (DIR) on workers’ rights and local labor law. Free employment advice sessions may also be provided by non-profit organizations and legal aid. Many law firms also offer initial consultations at no charge so you can talk to a Irvine Employment Lawyer about your situation.

Q: Can I Sue My Employer in California?

A: You can file a claim against your employer in California if your employment rights are violated, whether through discrimination, wrongful termination, pay discrimination, or retaliation. If you are filing a claim, you should first submit a complaint to the relevant government agency, such as the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC), depending on the nature of your claim.

Q: What Are My Rights as an Employee in California?

A: You are entitled as a California employee to several rights, including protection against discrimination, harassment, and retaliation. You deserve fair compensation, applicable overtime pay, and breaks for your meals. Workers also deserve safe working conditions, family and medical leave, and whistleblowing protection. California labor laws provide extensive workers’ rights protections, which ensure workplace justice.

Contact Aitken Campbell Heikaus Weaver, LLP Today

Whether you are experiencing discrimination, pay disputes, harassment, or any other employment concerns, do not hesitate to act. Our Irvine employment attorneys are committed to defending your interests and ensuring you get the justice you deserve. Contact us today for a consultation and let us navigate the legal process on your behalf with personal attention and steadfast representation.