Marina del Rey Employment Lawyer

Marina del Rey Employment Attorney

If you feel that you have been treated unfairly at your job, this can be a difficult and stressful experience. Whether you are experiencing harassing comments from a co-worker, or a wrongful termination that leaves you without employment, these are employment issues that need to be fought against and properly addressed. These issues can significantly impact your life and financial well-being.

At the Law Offices of Miguel S. Ramirez, our Marina del Rey employment attorneys assist employees throughout California in defending their rights and seeking justice for discrimination in the workplace and violations of wage and hour laws. With 20 years of experience, our attorneys have a strong track record of winning cases for California workers at trial and have extensive trial experience. We are prepared to go to trial, if necessary, to achieve the best possible outcome for our clients. However, we also can work with companies to get fair settlements and avoid trials. We will always advise our clients to only accept a settlement that is fair and just. If you are facing an employment issue, our attorneys are here to fight for your rights and ensure that you receive the best possible outcome.

Types of Employment Cases in California

There are many different types of employment cases that our employment lawyers handle in California. Some common types of employment cases in the state include:

• Discrimination: This occurs when an employer treats an employee unfairly because of their race, gender, age, religion, national origin, disability, or other protected characteristic. If you need assistance, a Marina del Rey employment discrimination lawyer can provide guidance.
• Harassment: This happens when an employer or co-worker creates a hostile or offensive work environment through their actions or words. If you are experiencing such issues, a Marina del Rey sexual harassment lawyer can help.
• Wrongful termination: This is when an employer illegally fires an employee.
• Retaliation: This happens when an employer punishes an employee for exercising their legal rights, such as reporting discrimination or harassment. If you have faced retaliation for whistleblowing, a Marina del Rey whistleblower retaliation lawyer can assist you.
• Wage and hour violations: This occurs when an employer fails to pay employees the minimum wage, overtime pay, or other required wages.
• Employee misclassification: This is when an employer misclassifies an employee as an independent contractor instead of an employee in order to avoid providing benefits and protections.
• Breach of contract: This occurs when an employer fails to uphold their end of an employment contract.
• FMLA Violations: This occurs when an employer fails to comply with the Family and Medical Leave Act, denying eligible employees their rightful leave or retaliating against them for taking it. If you are experiencing issues related to FMLA, a Marina del Rey FMLA attorney can provide guidance and support.

An employment attorney can help employees who have experienced any of these types of cases to seek justice and fair compensation.

Federal and California Labor Laws Protecting Against Discrimination

There are several labor laws that protect employees from discrimination in the workplace. At the federal level, Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, national origin, and sex. The Pregnancy Discrimination Act, an amendment to the Civil Rights Act, protects against discrimination based on pregnancy and childbirth. The Age Discrimination in Employment Act of 1967 protects employees who are 40 years or older from discrimination. Title I of the Americans with Disabilities Act prohibits discrimination based on disability.

Additionally, in California, the Fair Employment and Housing Act (FEHA) provides protection against discrimination based on the following:

• Race
• Ancestry or National Origin
• Religion
• Age
• Disability
• Sex and Gender (including pregnancy and childbirth)
• Sexual Orientation
• Gender Identity
• Medical Condition or Genetic Information
• Marital Status
• Military or Veteran Status

If you believe you have been a victim of discrimination based on any of these characteristics, it is important to contact a California attorney who specializes in employment law as soon as possible to initiate a claim.

Wrongful Termination and Your Rights

In California and Marina del Rey, wrongful termination refers to the illegal dismissal of an employee. Most employees in the state are considered at-will, meaning that their employer has the right to terminate their employment at any time and for any reason as long as it is not illegal. However, there are exceptions in California law. If an employee has been terminated and this termination violates a contract or public policy, they may be able to pursue legal remedies.

Additionally, California law prohibits wrongful termination based on discrimination, retaliation for whistleblowing or engaging in protected activities, or as a form of retribution for filing a qui tam lawsuit or for requesting a reasonable accommodation for a disability. If you have lost a job during a mass layoff or business closure, or relocation without at least 60 days’ notice, you may also be entitled to compensation under the California WARN Act.

California law prohibits employers from retaliating against employees through other negative employment actions, such as demotion or reduction in hours. If you believe you have been wrongfully terminated, it is important to contact experienced wrongful termination lawyers to discuss your options.

Understanding California Wage and Hour Law

There are minimum standards in California for employee pay, breaks, and working hours, including overtime pay. All California employers are required to pay their employees at least the minimum wage and to provide stipulated meal and rest breaks. Non-exempt employees are also entitled to overtime pay, which is time and a half when working more than eight hours per day or 40 hours each week.

Some employers may try to avoid these obligations by misclassifying non-exempt employees as exempt or classifying hourly employees as salaried or misclassifying employees as independent contractors. Employers may also violate wage and hour laws by requiring employees to work “off the clock” or by failing to pay for all hours worked. If you believe you are a victim of wage and hour violations by your employer, you may be entitled to compensation for unpaid wages and unpaid overtime.

It is important to speak with an experienced wage-and-hour law attorney to understand your legal options. It is also necessary to keep in mind that your employer is not allowed to retaliate against you for bringing a complaint.

FAQs About Marina del Rey, CA Employment Law

How Much Time do I Have to Sue my Employer in California?

The amount of time you have to sue your employer in California depends on the specific type of claim you are making. For example, if you are bringing a claim for wrongful termination based on discrimination, harassment, or retaliation in violation of the Fair Employment and Housing Act (FEHA), you must file a complaint within one year of the alleged unlawful act. If you are bringing a claim for unpaid wages, including overtime pay, you must file a lawsuit within three years of the date on which the wages were due. If you are bringing a claim for unpaid commission, you must file a lawsuit within two years.

Should I Consult an Attorney Before Giving HR Documentation?

An attorney can review the documentation and advise you on any potential legal issues or concerns before you hand it over to HR. It’s important to keep in mind that HR is generally responsible for representing the interests of the employer and may not prioritize the interests of individual employees. Consulting with an attorney before providing documentation to HR can be a helpful way to ensure that your rights are protected and that you have someone on your side who can help you take the best next steps forward.

How Do I Choose an Employment Solicitor?

When choosing an employment solicitor, it’s important to consider the following factors:

• Experience: Look for an attorney who has experience handling employment cases similar to yours.
• Reputation: Check online reviews and ask for references to get a sense of the attorney’s reputation in the legal community.
• Expertise: Consider whether the attorney has specific expertise in the area of employment law that pertains to your case.
• Communication: Look for an attorney who is responsive and communicates clearly and effectively.
• Fees: Consider the attorney’s fees and make sure you understand how they are calculated.
• Comfort level: It’s important to feel comfortable and confident in your attorney’s ability to represent you.

Ultimately, it’s important to choose an attorney you feel comfortable working with, as you may be sharing sensitive and personal information with them.

Are Employment Lawyers in Demand?

Employment law is a broad and constantly evolving area of law, and employment lawyers are in high demand as a result. In addition, the COVID-19 pandemic has led to a surge in employment law issues, such as unemployment benefits, remote work arrangements, and workplace safety protocols. As a result, employment lawyers are in high demand as individuals and businesses navigate these complex legal issues.