Practice Areas

Wrongful Termination

Wrongful Termination occurs when an employee is fired for a reason that violates California law.  This often mean an employee is subject to termination because of discrimination or retaliation, or complaints about being properly paid wages.
 
 

Harassment

Harassment occurs when an employee is subject to unwanted comments, jokes, or treatment because they have a particular characteristic that is different than other employees.  To qualify as unlawful harassment, those characteristics must be “protected,” for example disability, sexual orientation, or gender.
 

Leaves of Absence

Qualifying employees are entitled to leaves of absence under the Family Medical Leave Act, California Family Rights Act, and a variety of other laws to deal with personal medical conditions and those in their families.  The denial of a leave of absence or retaliation for taking a leave of absence can give rise to a claim for wrongful termination.

Hostile Work Environment

To qualify as an unlawful hostile work environment under California law, an employees must be subject to unwanted conduct that occurs so frequently it changes the dynamics of the employment relationship. Hostile work environment harassment in violation of California and Federal laws occurs when the harassment is based on an employee’s age, sex, religion, or medical condition, among other things.
 
 
 

Discrimination

Discrimination in the workplace occurs when you are treated differently because of a fundamental characteristic such as your age, race, or religion and are subject to an adverse action such as a being fired.  Discrimination is illegal under California and Federal laws.
 

Employment Contracts

California is an “at-will” state, so employment contracts are rare.  When an employment contract does exist, it will set the specific provisions of employment, including, generally, the duration, rates of pay, and terms of separation.
 
 
 

Retaliation/ Whistleblower

Employees who have the courage to complain about issues in the workplace they believe to be unlawful cannot be subject to retaliation under California or Federal laws.  This means that an employee cannot be subject to workplace discipline, a reduction in pay, or termination directly because of any such complaint.

Wage and Hour

Although different cities and counties now have different minimum wages, California law requires employees be paid for all hours worked, including overtime when an employee works more than eight (8) hours a day and forty (40) hours per week.  Employees are also entitled to meal periods, rest periods, and cannot be required to incurred business expenses on behalf of their employers.  In California, there are major issues surrounding the misclassification of employees as independent contractors (which hurts employees) as well as paying employees a salary instead of an hourly rate.

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