Eldessouky Law proudly represents workers throughout Gardena, CA and across the US. Our employment law attorney works diligently to educate our clients about their workplace rights and provides exceptional legal representation when these rights are threatened by employers.
California’s Constitution and Statutes include a mass of employment laws that specify the basic rights guaranteed to every employee. The California Labor & Workforce Development Agency provides the guidelines that employers, both big and small, must abide by. When any of these employers steps outside of acceptable legal conduct, it is the duty of our Gardena, CA employment lawyer to ensure our clients’ rights are upheld.
At Eldessouky Law, we practice employment law with a commitment to our clients’ livelihoods and happiness in the workplace. If you are being made to endure an unlawful situation at work, we will pursue the best outcome available for your Gardena employment case, no matter who your employer is.
Top Employers in Gardena, CA
Gardena’s almost 60,000 residents have diverse employment opportunities open to them. Some of the largest employers in the city include:
- Memorial Hospital of Gardena: 735 employees
- Hustler Casino: 712 employees
- United Parcel Service: 500 employees
- Hitco Carbon Composites: 465 employees
- Normandie Casino: 410 employees
- Southwest Offset Printing: 354 employees
- Ramona’s Mexican Food: 240 employees
- Nissin Foods: 230 employees
- Target: 220 employees
- Sam’s Club: 167 employees
It is important to Eldessouky Law that our clients understand their legal rights in the workplace and the standards to which every employer is held under the law. It is illegal to expose employees to an unlawful environment including such violations as discrimination, wrongful termination, wage and hour theft, to name a few. If you are being made to endure an unlawful situation of this nature at work, we want to hear about it.
Practice Areas in Gardena, CA: Eldessouky Law
We focus on employment law practice at Eldessouky Law. Our Gardena, CA labor attorney prides himself on providing solutions for employees who are suffering from the instability that comes along with illegal employment situations at work.
Our employment law practice areas in Gardena, CA include:
- Hostile work environments
- Sexual harassment
- Wage, hour and overtime payment discrepancy claims
- Severance agreements, terms, conditions, and payments
- Retaliation claims, including whistleblower cases
- Wrongful termination
If you are being made to suffer an illegal situation bordering on any of these practice areas, you deserve the benefit of committed legal representation and advice. Unlawful acts at work, as outlined by the Division of Labor Standards Enforcements, involve more than just illegal behavior. They place employees in a difficult position that is both unfair and emotionally traumatizing.
You deserve a workplace that is safe, where your rights are upheld throughout your employment. If your employer is failing you in any capacity, our Gardena employment lawyer is prepared to aggressively pursue them for the emotional, financial or mental injury that results.
Age Discrmination in Gardena, California
Age discrimination occurs when an employee’s age is a substantial motivating factor behind some sort of adverse action taken by the employer. This “adverse action” can come in many forms including demotions, harassment, termination, or a failure to promote.
Often age discrimination is not obvious and difficult to prove. No employer will admit that the true reason for the harassment, demotion, or termination of an employee was because of an employee’s age. To establish age discrimination an employment attorney will need to show that the adverse actions taken against the employee were discriminatory. To do this the right questions have to be asked and certain documents discovered.
We have successfully represented many employees who lost their job because of age discrimination. In doing so we looked to see if our client was replaced by a younger employee or paid significantly more than others.
Combating Age Discrimination in the Workplace
Age discrimination is one of several bases on which discrimination can occur in the workplace. It involves unlawful or adverse employment actions against an individual or group simply on account of their age.
The federal Age Discrimination in Employment Act (ADEA) and California’s Fair Employment and Housing Act (FEHA) both prohibit discrimination against persons that are age 40 or older.
It is illegal to target anyone in this category with adverse employment actions such as:
- Refusing to offer them a job on account of their age, even though they are qualified for the role
- Employment or selection policies that affect persons who are age 40 and above in a disproportionately negative manner
- Terminating, furloughing or demoting an employee simply because they have reached a certain age
- Withdrawal of certain benefits or compensation to older workers
- Sudden and gross decline in performance reviews
- Disparaging or unsavory comments in the workplace that target an individual on account of their age
Do stray remarks also amount to discrimination? A stray remark is a discriminatory comment that is made in passing. Although they are discriminatory in nature, such comments are not usually sufficient to ground a complaint on their own. It is usually required that there should be further proof of statistics or a history of discriminatory conduct on the part of an employer. Sandell v. Taylor-Listug, Inc. (2010) 188 CA4th 297, 320, 115
However, stray remarks can still be proffered as part of the circumstances that tend to show that discrimination on account of age has occurred. Reid v. Google, Inc., 155 Cal. App. 4th 1342 (2007)
Making unnecessary comments about someone’s age or health can be actionable. If you believe you are being discriminated against on account of age or if the disparaging comments and stray remarks are beginning to disrupt your performance, you may have a case against your employer. Our employment law attorney in Gardena, CA will provide you with the information you need to determine if your rights have been breached.
Filing an Age Discrimination Complaint
Employees who have been exposed to age discrimination at work may be entitled to file a complaint or a lawsuit against their employer. However, such employees will be required to prove certain factors before they can be entitled to legal relief.
The factors that an employee will be required to prove in an age discrimination complaint include:
- That the defendant is an employer covered under the FEHA or ADEA
- That he or she was an employee in the defendant’s company or applied for a job there
- That he or she suffered an adverse employment action or was constructively discharged or the defendant refused to hire him or her
- That he or she was 40 or older at the time of the defendant’s action
- That he or she was harmed; and
- That the defendant’s conduct was a substantial factor in causing the harm. California Jury Instructions CACI 2570
Misclassification in Gardena, CA workplaces
Another challenge that employees in Gardena, CA often face occurs when their employers deprive them of workplace benefits they should ordinarily enjoy. We tend to see this because an employer wants to save on employee taxes or benefits associated with hiring an employee.
Misclassification is a violation of our labor laws, including the Fair Labor Standards Act. Employers must not incorrectly or unfairly misclassify employees as independent contractors, thereby depriving them of fair pay and other benefits.
The Wage and Hour Division of California’s Labor Department routinely enforces these rights, and in this case, the Division ensured back pay of over $4.5 million was released to misclassified workers.
If your employer is cheating you of benefits and pay you are entitled to, we can help you hold them accountable.
Schedule a Meeting with Eldessouky Law Today
Do not keep quiet if you are being discriminated against at work. Call our employment law attorney in Gardena, CA today at 714-409-8991 to schedule a free consultation.