Most people go into work every day never expecting to have to sue their employer at some point, and yet employment law is one of the most commonly litigated areas in the law. Whether it’s a big-name celebrity like Gretchen Carlson recovering $20 million in a sexual harassment lawsuit against her employer Fox News, or hundreds of thousands of Uber drivers joining in a class action against Uber for denying them certain employment benefits, anyone who works for someone else can potentially have an employment law claim against their employer. Below are a few of the major aspects of employment covered by the law.
Discrimination in Hiring, Firing, and On the Job
Both California and federal law protect workers from discrimination by employers, potential employers, supervisors, and other workers (when a supervisor or manager is aware of it). Employers and potential employers cannot refuse to hire you or fire you based on certain classifications such as religion, race, or sexual orientation. Furthermore, reasonable accommodations should be made for you by your employer when you are dealing with a pregnancy or disability. Contact an employment law attorney if you feel you have been unfairly passed over, terminated, demoted, or otherwise improperly treated at work based on the following classifications:
- Race, national origin, and citizenship status
- Sexual orientation and gender identityPregnancy status
- Disability status
- Sexual Harassment
Workers are are also protected by state and federal law from having to endure sexual harassment by supervisors or co-workers when the company is or should have been aware of the harassment. You may be able to bring a lawsuit for monetary damages if you have had to endure sexual harassment in any of the following forms:
- Unwanted sexual advances
- Degrading and demeaning comments
- Hostile work environment
- Retaliation for complaints about harassment
Wage and Hour Laws
As an employee, you have a host of protections under California and federal law regarding the hours your employee can require you to work, breaks, and the pay you should receive, including for overtime. Many companies now try to get around wage and hour laws by calling workers “independent contractors” as opposed to employees, but it is illegal for companies to misclassify employees as independent contractors in order to deny them benefits. Contact an attorney if you your employer has failed to provide you with your rights to:
- Overtime pay
- Minimum wage
- Expense reimbursement
- Fair pay in comparison to workers of other genders or races doing the same work
Finally, if you have an employment contract with your employer, both you and your employer are required to follow the terms of the contract and damages may be available in a lawsuit against your employer for failing to fulfill the terms of the contract or attempting to enforce illegal terms of a contract such a non-compete clause.
Experienced Southern California Attorneys In Your Employment Law Matter
The attorneys at The Kaufman Law Firm has consistently won six- and seven-figure verdicts and settlements on behalf of plaintiffs across Southern California. They will work with you from the moment you call to investigate your employment law matter and build your best possible case for recovery. Contact The Kaufman Law Firm today to schedule a free consultation.