San Bernadino Employment Lawyer
Most people take pride in their work. They invest significant time and energy into doing a good job and developing relationships with colleagues. It can be disheartening when you are mistreated in the workplace.
Speak to a San Bernadino employment lawyer when you believe your employer may be violating the law or disrespecting your rights. Our attorneys can review your situation and help you devise a strategy to mitigate the situation and hold your employer accountable.
Types of Cases We Handle
Employers have substantial discretion to handle their business as they see fit. However, that discretion is not unlimited, and workers are entitled to basic protections backed by law. When employers violate the law, financial compensation and other remedies are possible.
Our attorneys have been representing San Bernadino workers in disputes with employers for years, and we have developed expertise in many areas of employment law. In many cases, an incident involves several forms of employer misconduct, such as a wage and hours dispute that is based on discrimination and leads to a wrongful termination.
Discrimination
Employers must make decisions regarding hiring, compensation, promotion, assignment of job duties, and firing based on merit. Sadly, people still face discrimination because of personal characteristics that have nothing to do with job performance. California Government Code § 12940 prevents discrimination based on many characteristics besides race, gender, and religion, including:
- Marital status
- Gender expression
- Sexual orientation
- Pregnancy
- Mental or physical disability
- Citizenship
Discrimination because a worker is older than 40 is also illegal in the state.
Wage and Hour Disputes
Federal and state laws exist to protect workers from financial exploitation by employers. The laws cover the minimum wage, the number of hours an employee can work, breaks, and overtime. Employers sometimes break the law by improperly classifying employees as exempt so they can avoid overtime payments, asking employees to work under the table or off the clock, or failing to pay for hours worked.
Sexual Harassment
Sexual harassment is a form of gender discrimination. Allowing a workplace environment where an employee is subject to unwanted sexual attention is illegal. Sexual harassment does not need to involve physical contact; suggestive comments or jokes, observations about a person’s body, exposure to pornography, and similar conduct can be sexual harassment.
Wrongful Termination
California is an employment-at-will state, which means that either you or your employer can terminate the relationship at any time, with or without cause. However, when an employer fires an employee, the decision must be based on legitimate business considerations or performance issues. A firing that is really due to discrimination, retaliation, or another improper motive is a wrongful termination.
Class Actions
Sometimes, an employer treats a class of workers improperly. When a group of workers is subjected to similar mistreatment and suffers similar harm, a class action lawsuit against the employer could be possible. Class actions can be an effective tool to use against an employer with a record of employment law violations.
Process For Pursuing an Employment Law Claim
People sometimes allow an employer to get away with engaging in wrongful conduct because they do not understand their rights or believe they cannot afford legal help. Our employment lawyers in San Bernadino could review your situation and explain your rights. When there has been a violation, we pursue the case on a contingency fee basis, meaning you have no upfront costs—our fee is paid out of the compensation we win for you.
Sometimes, contact with the employer is enough to resolve an issue immediately, and sometimes, negotiation is required. In many cases, employers eventually correct their mistakes when they know the employee has obtained legal representation.
In other cases, more vigorous action is necessary and appropriate. This might include complaints to the California Labor Relations Board, the Equal Employment Opportunities Commission, and other regulatory bodies. Sometimes, pursuing an employer in court is the most effective way to achieve satisfaction and accountability.
Contact a San Bernadino Attorney About Workplace Issues
When you believe your employer has behaved illegally, speak with an attorney who has experience representing workers. Employment law is complex, often involving multiple laws and agencies. It is critical to work with someone who understands how to navigate that legal landscape.
Our San Bernadino employment lawyers will do their best to ensure you are compensated fairly and the employer pays for its misconduct. Get in touch today.
