Employment lawyers can help employees in many different situations, but how do you know when it is time to call an attorney? Every situation is different, and you have nothing to lose by scheduling a free consultation with the experienced employment lawyers at Blair & Ramirez LLP. We can evaluate your situation and advise you on how to best uphold your rights as an employee in California.
In this article, we will review some of the common situations in which you should contact our office at (213) 568-4000 to speak with an experienced employment attorney in Los Angeles.
You believe you were the victim of unlawful discrimination or retaliation
California law protects employees from various forms of discrimination. Discrimination based on certain protected factors is prohibited. Employers can not discriminate on the basis of:
- Pregnancy or childbirth
- National origin
- Age (over 40 years old)
- Genetic information
- Citizenship status
- Marital status
- Gender expression or identity
- Sexual orientation
- Medical conditions
- Having HIV or AIDS
- Veteran or military status
- Being the victim of domestic abuse, stalking, or violence
Recently, California became the first state to prohibit discrimination based on natural hairstyles, such as braids, locks, or afros. In addition, some cities in California have additional protected characteristics, such as height and weight.
Employers may not base any type of employment decision on a protected characteristic, and they may not implement and enforce policies that affect members of a protected class differently than others. When this occurs, it might constitute unlawful employment discrimination.
In addition, the law prohibits employers from retaliating against employees who elect to exercise their rights under the law. Such rights include complaining of discrimination or harassment; requesting qualified leave; filing a workers’ compensation claim; and more. Retaliation may take the form of any adverse employment decision, such as:
- Decrease in hours or pay
- Refusal to promote or increase pay as deserved
- Unfavorable transfer
- Unfavorable change of job duties
- Disciplinary action
At Blair & Ramirez LLP, we regularly represent employees who suffered from discrimination or retaliation at work, and you should always consult with our firm if you think your rights have been violated in this manner.
You were subject to harassment at work
The law also prohibits harassment based on any protected characteristics in the workplace. Of all the forms of harassment, sexual harassment is the most common, although it is not the only type of harassment that occurs.
Sexual harassment can involve one of the following scenarios:
- A boss, supervisor, or someone with authority makes engagement in sexual conduct a condition of your employment. For example, you boss or supervisor states they will promote you if you have sex, or threatens to fire you if you refuse.
- A coworker or someone else involved in your employment makes sexual comments or jokes, sends emails, makes unwanted advances, or takes other offensive actions that are pervasive or offensive enough to create a hostile work environment. If you report the harassment to your employer, and they do not take the necessary steps to stop it, you have the right to take legal action.
If you have experienced either of the above situations at work, you should not wait to call an experienced Los Angeles sexual harassment attorney for help.
You were terminated for wrongful reasons
Getting fired never feels good. While many employers have the ability to terminate employees at will in California, there are prohibited reasons for firing employees. Wrongful termination occurs when an employer fires someone for unlawful reasons, including:
- Discrimination based on protected factors
- Retaliation for exercising a legal right
- Refusing to engage in illegal or unethical activity
- Engaging in lawful activities outside of work
- Performing a legal duty, such as jury duty or voting
- Taking family and medical leave in line with the law
- Being deployed overseas in the U.S. Armed Forces
If you suspect that your termination was unlawful, our legal team is here to help. Call us at (213) 568-4000.
Your employer owes you unpaid wages
California has strict laws regarding employee wages and overtime. If you are non-exempt, you deserve to be paid the minimum hourly wage (currently $12.00 per hour for the state, but the rate is higher in some California cities), as well as time-and-a-half overtime rates for hours worked in excess of 40 per-week or eight per-day.
In many situations, employers fail to pay all the wages they owe, whether it is due to the miscalculation of hours, not counting all hours worked, misclassifying employees as exempt, or other reasons. Our legal team fights for the back wages our clients worked for and deserve.
Consult with an employment attorney in Los Angeles, CA today
At the law firm of Blair & Ramirez LLP, we represent employees in many types of cases. Whether you were the victim of sexual harassment or believe your employer owes you wages that you earned, we are ready to help and provide legal counsel. Please call (213) 568-4000 or contact us online for more information from our employment lawyers about your options under the law.