Employment Lawyer in Southern California
Your California workplace issue must be handled by an employment attorney licensed to practice law in the state of California. Our employment lawyer Mohamed Eldessouky is licensed to practice law in California, and has earned accolades and recognition in its legal community. It is ideal to find an employment attorney that is in or near the jurisdiction (county or city court) that your employment complaint occurred within. An employment lawyer that regularly practices in its local jurisdiction has become familiar with the tendencies, personalities, and procedures of that court. The employment attorney also has become familiar with and known by the courtâ€™s justices and legal community. Our employment lawyer works in courts in or near these counties and cities in Southern California:
- El Monte
- El Segundo
- Los Angeles
- Monterey Park
- Pico Rivera
- San Dimas
- Santa Clarita
- Santa Fe Springs
- Santa Monica
- South Gate
- Van Nuys
- West Covina
Types of Labor and Employment Law Cases
Have you been discriminated against in the workplace? Do you have a wage dispute or believe you were wrongfully terminated? Eldessouky Law has a California employment lawyer who is ready to do battle on your behalf to protect your employee rights.
Many California workers do not know they have rights under the law. You can fight back if you are being mistreated at work, harassed, discriminated against, or paid unfairly. Labor and employment laws were created to protect workers from unfair treatment. You could have a case against your employer.
Asserting your rights can be a frightening endeavor, especially when you worked somewhere for a long time. You may feel like you are betraying your employer by holding them accountable for their behavior. You donâ€™t have to make excuses for your employer. You donâ€™t have to be afraid anymore.
You arenâ€™t expected to deal with a labor or employment law dispute on your own. Your employment law attorney at our firm can help. We can handle any employment or labor issue you find yourself dealing with. Here are some of the types of cases we handle.
California Wage and Hour Issues
California wage and hour laws are put in place to protect employees from being treated unfairly. California imposes a minimum wage to ensure that employers are paying workers a fair wage. There are other laws designed to protect workers and get them the fair wages they deserve.
- The current minimum wage in California is $12.00 per hour for workers at businesses with 25 employees or less. The minimum wage is $13.00 per hour for workers at businesses with 26 workers or more.
- Employers must pay hourly workers overtime pay (time and a half) for any hours worked over 40 hours a week.
- They also canâ€™t wrongly classify salaried workers as hourly or contract workers in order to get around the overtime pay law.
- Employers canâ€™t require you to work off the clock without pay.
- They canâ€™t deny you the mandated breaks youâ€™re entitled to in a workday.
If you believe you have a wage or hour complaint, an employment lawyer can look into your case.
Discrimination in the Workplace
Employment discrimination is when you are treated unfairly based on a protected characteristic. For example, being fired for the color of your skin.
No one should ever be discriminated against in the workplace, but it happens all too often. If you feel like you are being discriminated against, you should document your experience and talk to a lawyer about your case. Itâ€™s important to keep a record of events, so you can prove your case.
If you are unsure as to whether you are being discriminated against, you can also discuss your case with an employment lawyer at our firm.
Here is a table that gives you examples of what you can be fired for and what you canâ€™t be fired for.
|Can Be Fired For||Cannot Be Fired For|
|Poor work performance||Â Â Â AgeÂ Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â|
|Doing something illegal||Â Â Â Gender, gender identity/expression|
|Violating employerâ€™s policies||Â Â Â Physical or mental disability|
|Behaving unprofessionally||Â Â Â Race|
|Showing up to work intoxicated||Â Â Â Religious creed|
|Getting too many traffic tickets||Â Â Â Color|
|Losing your driverâ€™s license||Â Â Â National origin|
|Showing upÂ late too many times||Â Â Â Sexual orientation|
|Bullying||Â Â Â Military or veteran status|
|Harassing a coworker||Â Â Â Ancestry|
|Lying aboutÂ performance||Â Â Â Medical condition|
|Getting into a fight at work||Â Â Â Genetic information|
Not all discrimination results in termination, but the above table should help illustrate what discrimination is.
Other forms of discrimination in the workplace could include getting passed over for a promotion because of your age or race, being paid lower wages because of your gender, or being written up regularly when you havenâ€™t done anything wrong at work and you suspect this is due to your religion.
Discrimination is not always overt. It can be (and usually is) subtle, and you may be unsure if you can prove your case. If you believe you are being discriminated against in the workplace, you may want to talk to a California employment law attorney at Eldessouky Law.
California Workplace Harassment
Californiaâ€™s Fair Employment and Housing Act of 1959 plus the Civil Rights Act of 1964 protect workers from harassment in the workplace.
Harassment is slightly different than discrimination and encompasses several different types of behaviors that make employees feel uncomfortable, unsafe, or threatened. Unwanted conduct from individuals can range greatly, but is often based on protected characteristics.
For instance, taunting someone on a regular basis for their religious beliefs.
Another serious type of harassment in the workplace is sexual harassment. This is when someone directs lewd or inappropriate sexual comments toward someone or engages in inappropriate or unwanted sexual behavior.
Some examples of harassment in the workplace:
- Offensive jokes or slurs
- Physical assault or threats of physical violence
- Retaliating against someone for filing a discrimination claim
- Ridicule or mockery
- Putdowns or insults
- Showing someone offensive material or photos
One-time incidents or minobr slights do not usually rise to the level of harassment, but if you arenâ€™t sure, reach out to a California employment lawyer for help.
Harassment doesnâ€™t just come from your immediate supervisor. Harassment can come from other supervisors, managers, coworkers, agents, or outside individuals. You donâ€™t have to be the person harassed to experience an incident. Watching someone else being harassed can still be upsetting or offensive.
Your employer has an obligation to look into issues of harassment and hold those responsible accountable before the behavior rises to the level of unlawful behavior.
The Family and Medical Leave Act and the California Family Rights Act
The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) protect workers when they need to take time off of work due to illness or to care for an ill family member. You can also use these acts to take time off to bond with a new baby or adopted child.
FMLA and CFRA provide for wage replacement benefits while you are unable to work. If you are denied your rights under these acts, you could be able to sue your employer.
Wrongful Termination in California
Most employees in California are at-will employees, which means you can be let go or fired for nearly any reason. For example, if the employer decides that your position is no longer needed or beneficial to the company, they can let you go.
But there are many reasons they canâ€™t fire you. They canâ€™t fire you or fail to promote you for any of the protected characteristics described above, such as race, gender, age, national origin, etc.
You also have protections from wrongful termination when you are a whistleblower. Other protections from wrongful termination include:
- Violation of workerâ€™s contract
- Retaliation against an employee
- Violation of public policy
- Violation of an employeeâ€™s rights
When suing an employer for wrongful termination, your California employment lawyer will have to prove that the employer was at least partially motivated to fire you for a wrongful reason.
Unfair Employment Contracts
Another issue that employees deal with is unfair employment contracts. Employers are the ones who write these contracts, and they arenâ€™t always fair to the employees. Sometimes, they have unreasonable requests or demands of their employees. Sometimes, an employment contract violates state law. You can sue your employer for an employment contract that violates your rights.
Your employment law attorney at our firm can analyze your contract to find any areas where a breach of an employment contract has occurred. We can also look at unfair non-compete contracts and give you advice related to your contract.
Why We Fight for Your Rights
Going up against an employer is a terrifying prospect. Most employees donâ€™t have a lot of recourse when theyâ€™ve been wronged. Their employer has all the power, and thatâ€™s not fair. When youâ€™ve been wronged or mistreated by your employer, you should be able to fight back. But you might need some help.
A California employment law attorney can assist you with going after your employer. We can help you gather evidence to prove your case. We can fight for your rights and defend you against unfair labor practices.
No one should be harassed or discriminated against at work. No one should work for unfair wages or be denied wages theyâ€™re entitled to. You shouldnâ€™t be fired wrongfully or deal with unfair contracts that prevent you from seeking gainful employment elsewhere.
California Employment Law FAQ
When your rights are violated as an employee, you may feel a sense of hopelessness about getting justice for the way you were treated. Without legal help, it can be tough to go after an employer that has many more resources than you do.
You can talk to an employment lawyer in California about your case to find out what your options are. Here are some of the questions our team often receives related to labor and employment laws.
Can I sue if I was misclassified as an independent contractor?
If you were wrongly labeled an independent contractor rather than an employee, you could sue for the violation of your rights.
Can I get paid for unused vacation time if I quit or get fired?
Yes, California law allows you to be paid for any unused vacation time. These hours do not expire. If you are not paid for these hours, you could sue your employer to recover these funds.
If Iâ€™m fired, how long must I wait for my final paycheck?
Under California law, your employer must pay you your final paycheck on the day of your firing. If you quit, the employer has up to 72 hours to provide you with your final paycheck.
Can I be paid for hours worked off the clock?
Yes, California law states that you are entitled to payment for any hours worked off the clock. If your employer knew that you were working off the clock, even if voluntarily working off the clock, you are entitled to payment for those hours.
Contingency Employment Law Attorney in California
No matter what type of labor and employment law issue you have, you can get help with your case. You can go after your employer for discriminatory practices or file a claim over a wage dispute. You donâ€™t have to walk away without a fight. Sometimes, standing up for yourself is standing up for your community as well.
Make the call to a California employment law attorney at Eldessouky Law. Dial 714-409-8991 or fill out the contact form on our website. Get a free case review when you reach out to our team.