Culver City Employment Lawyer

Culver City Employment Lawyer

When you are having trouble in the Culver City, CA workplace, facing discrimination in hiring, or have been wrongfully terminated, an employment lawyer can help you seek a remedy. Employment law is extensive and touches on many different aspects of the employee/employer relationship. It’s important to have someone with extensive knowledge and experience in the field.

At the Law Offices of Miguel S. Ramirez, we have an understanding of the law that can be used to make a case for you. Miguel S. Ramirez spent a decade working for employers. Since then, he’s put the insight gained during that time to use for employees for another decade as a Culver City employment lawyer.

As your employment lawyer, we can help clarify what can seem like a daunting process. We can help you put together a substantial case from the information gathering to filing claims to making your case in court if needed. Employers have lawyers, sometimes teams of them, to argue their cases. Having a trustworthy lawyer on your side can help even your odds. We can help with all manner and variety of workplace issues.

Employment Discrimination

Employers are prohibited from making an employment decision on the basis of:

• Race or ethnicity
• National origin
• Age
• Sex
• Gender
• Sexual orientation
• Disability
• Religion
• Pregnancy

Culver City employment discrimination lawyer can help you navigate the complex process of dealing with employment discrimination. Before you can file a claim against the employer, you will need to file a claim with the Equal Employment Opportunity Commission. Typically, it is only once the EEOC has signed off that you can proceed with legal action against the employer. We can help you craft an EEOC claim that gives you a strong chance at approval for further legal action.

Wrongful Termination

In California, unless specified by contract, employment is considered to be an “at-will” agreement between the employee and employer. This means that an employer is free to fire an employee for any reason, so long as it is not one of the reasons prohibited by law. This means that even an employee who has performed well at their job may be fired. However, California prohibits termination for a variety of reasons, including:

• Discrimination because you belong to a legally protected group
• Retaliation for something like whistleblowing, filing for workers’ compensation, participating in another employee’s claim, or another protected category
• Political beliefs and associations
• Breach of contract
• Included under the idea of wrongful termination is the possibility that an employer was creating an intolerable work environment that would have led any reasonable person to quit.

Understanding what is and what isn’t a possible case of wrongful termination can be difficult. If you reach out to our offices, we can help you understand if you may have a case or not.

Wage and Hour Issues

Several different workplace violations fall under the category of wage and hour law. One of these concerns is breaks for either rest or meals. California lunch break laws has a schedule for when employers are required to give their employees rest breaks and meal breaks. Failure to adhere to these schedules can be cause for action against an employer.

There are several ways in which employers violate the rights of employees with regard to wages. Unpaid wages can be a problem that employees sometimes face. Often, this can stem from employers not following overtime laws, which say that employees should be paid overtime at:

• 1.5x their regular wage for any hours in a shift over eight but less than twelve
• 2x their regular wage for any hours in a shift beyond twelve
• 1.5x their regular wage for any hours in a workweek past 40
• 1.5x their regular wage for any hours worked on a seventh or more consecutive day of work

Another wage and hour issue that can occur is the misclassification of employees, often as a means of avoiding adherence to the break laws and overtime laws. This involves labeling employees as either independent contractors or as exempt when they don’t qualify.

There are also violations that occur around the timing and amount of an employee’s final paycheck. Employers are required to pay an employee’s final paycheck on their last day unless an employee quits with fewer than three days’ notice, in which case they are given 72 hours to pay. Employers may also attempt to pay less than is owed.

If you believe your wage and hour rights have been violated, be sure to document everything you can. When you call our Culver City wage and hour lawyer the more information you have, the better we will be able to help you.

Sexual Harassment

Sexual harassment of any kind at the workplace, including any kind of quid pro quo offer, is never allowed. Please don’t wait before getting help dealing with any kind of sexual harassment issue. For assistance, consult a Culver City sexual harassment lawyer who can provide the support and guidance needed to address the situation and protect your rights.

Hostile Work Environment

A hostile work environment prevents any employee from fulfilling their job duties. Sexual harassment creates a hostile work environment, and there are also several other things that are considered to do so. These can be things like persistent, offensive jokes, intimidating behavior, offensive material, or targeting someone based on their:

• Sex or gender
• Race or ethnicity
• National origin
• Religion
• Sexual orientation, gender identity, or gender expression
• Age
• Disability

Documenting what occurs at work can be tremendously important for any hostile work environment case. If you are experiencing such conditions, seeking the expertise of a Culver City hostile work environment lawyer can help you navigate the legal process and work towards resolving the situation.

Protected Leave

In Culver City California, employers are obliged to give employees leave time, without the employee losing their job, for a few different reasons, including:

• Maternity leave
• Family and medical leave
• Military leave
• Sick leave
• Alcohol and drug rehabilitation leave
• Lactation breaks
• Time to vote
• Jury duty or compliance with a subpoena
• Activities related to parenting and school
• Bereavement leave

The qualifications for the leave, and the time associated with each form of leave, vary. If you’ve been denied leave, an employment lawyer can help you understand if it was a legitimate denial. Also, you may have a wrongful termination case if your employer fires you for requesting or taking a legally protected leave.

Failure to Accomodate

A less referenced but also important area of employment law is the failure to accommodate employees with disabilities. These issues can be especially complex, but our office can help you understand if your rights have been violated in the workplace and how you can address it. Some common failure to accommodate issues include:

• Denying requests for reasonable accommodations
• Providing inadequate or ineffective accommodations
• Retaliating against employees for requesting accommodations
• Failing to engage in an interactive process to determine appropriate accommodations
• Ignoring medical documentation that supports the need for accommodations

If you believe your rights have been violated, it’s essential to seek guidance on how to proceed. A Culver City failure to accommodate lawyer can provide the necessary support and legal assistance to address these issues and ensure that you receive the accommodations you are entitled to under the law.

Disability Discrimination

Discrimination against those with a disability occurs far too often in the workplace. Typically, this discrimination stems from the failure to adhere to the Americans with Disabilities Act or failure to provide reasonable accommodations. If you believe that you have been discriminated against as a result of your disability, Culver City disability discrimination lawyer can help guide you through the difficult process of claims related to disability discrimination at work.

Employee Privacy

A less referenced but also important area of employment law is employee privacy concerns. These areas can be especially complex, but our office can help you understand if your privacy is violated in the workplace and how you can address it. Some employee privacy issues include:

• How an employer protects your social security number and other sensitive data
• Employer’s monitoring of internet usage
• Where an employer can videotape you (public areas are generally considered fair game) and where they cannot (private areas such as restrooms or locker rooms)
• An employee’s right to video record things that happen in the workplace
• Whether an employer can access and use personal data such as your credit rating or medical records
• The administration of drug tests, which employers are generally allowed to request of applicants but not employees unless there is a safety concern or reason to suspect drug use

If you believe your privacy rights have been violated, it’s essential to seek guidance on how to proceed. Additionally, if you have reported any violations and faced retaliation, a Culver City whistleblower retaliation lawyer can provide the necessary support and legal assistance to address these issues.

FMLA

The Family and Medical Leave Act (FMLA) safeguards your right to take unpaid leave for qualified family and medical reasons with job protection. Here’s a quick breakdown of your FMLA entitlements:

• Eligibility: Learn if you qualify for FMLA leave based on work history and company size.
• Leave Reasons: Understand qualifying reasons for leave, including:
  • Birth of a child and caring for your newborn child within one year.
  • Adoption or foster care placement of a child.
  • Your serious illness or a covered family member’s serious illness.
  • Caring for a spouse, child, or parent with a serious illness.
• Leave Duration: Know your entitlement of up to 12 weeks of unpaid leave within a 12-month period.
• Job and Health Insurance Protection: Understand how FMLA safeguards your job and ensures continued health insurance coverage during your leave.
• Returning to Work: Know your rights regarding your position upon returning from FMLA leave.

We can help you navigate the FMLA process and ensure your rights are protected. Contact our Culver City FMLA lawyer.

FAQs About Culver City, CA Employment Law

What Are My Employee Rights in California?

The laws protecting workers in California are extensive. The protections include:

• A minimum wage for all non-exempt employees
• Overtime pay for all non-exempt employees
• Meal and rest breaks for all non-exempt employees
• Protection against discrimination for protected groups
• Protection against sexual harassment
• A safe workplace
• Limited unpaid families leave as long as requirements are met
• Protection from wrongful termination

What Can an Employment Lawyer Help Me With?

An employment lawyer can help you identify if you are the victim of a workplace violation. A lawyer can also help you with the process of investigating a claim and gathering the information you need. Depending on the particulars of your case, a lawyer can help identify the next steps, including filing a claim if necessary.

What Should I Do if I Have a Workplace Issue?

Aside from ensuring your safety, the most useful thing you can do immediately is to document everything you can that’s related to the case. The more information you have, the stronger your case. The next thing you’ll want to do is call our offices so we can help you put together your case.

What Are Some Common Workplace Issues an Employment Lawyer Can Help Me With?

Employment law is extensive, so if you have any questions, give us a call. Some common issues include:

• Unpaid Wages
• Wrongful Overtime
• Employee Misclassification
• Overtime Issues
• Discrimination
• Sexual Harassment
• A Hostile Work Environment
• FMLA and Other Protected Leave