If you are in need of an Orange County Employment Lawyer, contact the attorneys at Eldessouky Law.
Our firm offers a range of services to those dealing with employment law matters. We are well-versed in both state and federal laws and regulations and can provide knowledgeable advice and legal representation in a variety of employment law matters, including:
- Sexual Harassment
- Wrongful Termination
- Wage & Hour Disputes
- Whistleblower Retaliation
- Employer Retaliation
- Family and Medical Leave Act (FMLA)
- Non-Compete Agreements
- Severance Agreements
- Wage Theft
- And more
At Eldessouky Law, we understand the complexities of employment law and can provide the knowledgeable advice and representation you need to ensure your rights are protected and your interests are represented. Our experienced Orange County attorneys will work with you to develop a customized strategy to address your specific situation.
If you have questions about your rights as an employee in California or wish to discuss your case confidentially with one of our experienced California employment attorneys, contact our office at 714-409-8991 or fill out one of our contact forms online.
California Is One of the Friendliest States for Employees
California is widely regarded as one of the most employee-friendly states in the country. California’s employment laws are among the most comprehensive and protective in the nation. From wage and hour laws to anti-discrimination protections, California’s laws are designed to ensure a fair and equitable workplace for all employees.
If your rights have been violated or you are facing an employment law matter, you have the right to pursue legal action.
As an employee, you have certain rights. If those rights are violated by your employer, you may be able to take legal action.
Some of the laws that protect employees in Orange County include:
- The California Fair Employment and Housing Act,
- Family and Medical Leave Act (FMLA),
- The California Labor Code,
- Title VII of the Civil Rights Act of 1964,
- Fair Labor Standards Act (FLSA),
- The Age Discrimination in Employment Act (ADEA),
- Occupational Safety and Health Act (OSHA),
- The Americans with Disabilities Act (ADA),
- Worker Adjustment and Retraining Notification Act (WARN),
- National Labor Relations Act (NLRA), and
- Whistleblower and retaliation laws.
These laws protect the rights of employees in California by prohibiting employers from taking certain types of discriminatory and retaliatory actions.
What Does an Orange County Employment Lawyer Do?
An employment attorney helps employees fight employment violations in the workplace. While an employment attorney can work on both the employee’s and employer’s side of an employment dispute, they are commonly hired by employees who believe their rights have been violated.
An employment lawyer in Orange County can help employees with a variety of issues such as unlawful termination, discrimination, wage disputes, sexual harassment, whistleblower retaliation, family and medical leave act (FMLA), non-compete agreements, severance agreements, unpaid wages, employee benefits and more.
After you consult an attorney, they will most likely review your employment agreement as well as investigate any proof of mistreatment. The next step is to build a case that the behavior that the employer has done is in fact a violation of the law.
It is the job of an employment lawyer to not only ensure that their client is fairly compensated for any wrongs they have suffered but also to ensure that the employer conforms to the laws in order to protect other individuals from facing similar issues.
When Should I Speak to an Employment Lawyer?
If you believe that your employer has violated any of your rights as an employee, you should speak to a lawyer right away. An experienced employment law attorney can help protect your rights and ensure that you are compensated for any wrongs committed against you.
The longer you wait from the date of the violation, the harder it may be to prove your case in court.
There are certain deadlines, statutes of limitations, and other filing requirements that must be met based on the type of violation and when it occurred. If you miss a deadline, your claim may be barred from the court and you will not be able to recover any damages.
It is important to speak with a qualified California employment lawyer as soon as possible so that they can begin an investigation and build a solid case for your claim.
What are My Rights as an Employee Under California Law?
Employees have a right to privacy in the workplace. This includes personal possessions such as backpacks, purses or briefcases, and storage lockers that are accessible only to the employee. It also encompasses private mail addressed specifically to the employee.
Although workers have a right to privacy during personal phone conversations, the same does not apply to work e-mail messages or Internet usage on an employer’s network and computer system.
Here are some of the important rights to which all employees are entitled:
- The right to a safe work environment that is free from dangerous conditions that could result in injuries or illnesses.
- The right to receive appropriate compensation for the services provided.
- The right to a work environment that is professional, respectful, and free of all forms of discrimination and harassment.
- The right to not have any negative consequences at work for speaking up about something that bothers you.
Not only do employees have rights, but those who are applying for jobs also have certain protections. For example, they cannot be discriminated against on the basis of race, national origin, religion, age or gender during the hiring process.
Protected classes in California also extend to disability status, sexual orientation and gender identity.
If you feel that any of your employee rights have been violated, contact an Orange County employment lawyer as soon as possible to discuss your legal options.
How can I protect my rights if I feel my employer is in violation of the law?
If you are experiencing discrimination or harassment at your employer, first inform your manager or the human resources department. If neither help, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment practice agency. You may also have the option to file a private lawsuit against your employer.
An experienced employment law attorney can help you determine the best course of action.
They can provide guidance on how to handle the situation and how to protect your rights throughout the process. An attorney will also know which state or federal agency a complaint needs to be filed with and can help you develop a strong case.
Sometimes cases can be resolved outside of court through negotiations or mediation. Sometimes, however, you may need to pursue a court case. Having an attorney on your side can make the entire process go much smoother and more efficiently.
What recourse do I have if I’ve been wrongfully terminated?
The simplest answer is you can either file a wrongful termination claim or sue for damages. Not every circumstance or case of wrongful termination entitles the employee to recovery.
The best course of action is dependent on the circumstances of your case but, regardless, you will need an experienced wrongful termination attorney by your side.
An attorney can help you determine whether your termination was lawful and if it is possible to recover damages.
Are there any laws that protect me from discrimination in the workplace?
Yes. California is a state that has very broad anti-discrimination laws.
Federal, state, and local laws prohibit employers from discriminating against employees on the basis of race, color, national origin, sex, disability, age, religion, and other protected classes.
Discrimination is taken very seriously and is punishable by law.
No matter who you are, what position you hold, or the company you work for, discrimination is illegal.
The Department of Fair Employment and Housing states that it is illegal to harass or discriminate against anyone for the following protected categories:
- Age (over 40)
- Ancestry or national origin
- Gender identity or gender expression
- Genetic information
- Marital status
- Medical condition
- Mental or physical disability
- Military and veteran status
- Race or color
- Religion or creed
- Sex or gender
- Sexual orientation
It is also unlawful to retaliate against an individual for asserting their rights under the laws outlined. If you believe you are being discriminated against at work, for any reason, contact our Orange County employment law attorney today to discuss your claim.
Some of the laws that protect employees from discrimination include:
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act protects employees from discrimination based on race, color, national origin, sex and religion.
You can learn more about this law and your rights here.
Equal Pay Act of 1963
The Equal Pay Act prohibits employers from paying different wages or providing different benefits to employees who perform substantially equal work in the same work based on their sex.
For more information and resources, you can refer to this website.
Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act (ADEA) protects employees over the age of 40 from discrimination and harassment based on their age. Yes, this law covers employees aged 40 and over in all aspects of employment, including hiring and firing decisions.
You can read more about the ADEA here.
Rehabilitation Act of 1973
The Rehabilitation Act, as amended, protects employees and job applicants from employment discrimination based on disability. The law covers qualified employees and job applicants with disabilities, requiring Federal agencies to make reasonable accommodation of any known disabilities unless such accommodation would cause an undue hardship.
The Civil Rights Act of 1991
The Civil Rights Act of 1991 makes it easier to win compensatory damages from the Federal government in cases of intentional employment discrimination. The Civil Rights Act also provides additional remedies to employees in certain cases of discrimination.
Other Local, State, and Federal Laws
In addition to the laws listed above, there are many other local, state, and Federal laws that protect employees from discrimination. It is important to speak with a knowledgeable employment attorney about your rights and options if you feel you have been discriminated against in the workplace.
What Can I Do if My Employer Retaliates Against Me?
It is illegal for employers to retaliate against employees for asserting their rights, filing a complaint, or participating in an investigation related to discrimination or harassment.
You, as an employee and citizen of the United States, have the right to observe workplace laws without being persecuted for it. There are severe anti-retaliation laws that protect you after whistleblowing. If you witness illegal or immoral behavior in your place of work, cannot be disciplined so long as your aim was to maintain justice.
For example, if somebody sexually harassed you at work and took legal action against them, they could not then fire you because of it.
Unfortunately, many employers attempt to retaliate against their employees in other ways. This might look like this:
- Excluding the employee from vital meetings or information
- Not considering the employee for a promotion that they are qualified for
- Ignoring an employee’s questions or avoiding relevant workplace issues by not speaking to them about it.
- Changing the employee’s schedule or responsibilities as an act of punishment
- Reducing an employee’s salary or refusing to give them a pay raise when it is deserved can be demoralizing.
There are many more examples of retaliation in the workplace, and any of them can have devastating effects.
Remember, if your employer tries to retaliate against you for following the law, they can be held responsible in a court of law.
Can I Take Legal Action Against My Employer?
Yes, if you feel your rights have been violated, you may be able to take legal action against your employer. Depending on the circumstances of your case, you may be eligible to file a claim or lawsuit with either Federal or state agencies, such as the EEOC or California Department of Fair Employment and Housing (DFEH).
It is important to speak with an Orange County employment lawyer to determine the best course of action in your specific case. A knowledgeable attorney can help you understand your rights, evaluate the strength of any potential claims or lawsuits, and prepare a strong legal strategy that will maximize your chances of obtaining justice and compensation.
The Employment Attorney at Eldessouky Law Are Here to Help
It is important to understand that no matter where you work, or how large or small your company is, the California Laws and Regulations still apply to your position. This means you are protected from being mistreated in categories where the law is applied.
At Eldessouky Law, our employment law practice areas include:
- Hostile work environment
- Severance agreements, terms, and enforcement
- Sexual harassment
- Wage and hour cases, including overtime pay discrepancy claims
- Wrongful termination, including retaliation cases, including whistleblower claims
If you are suffering from workplace struggles that affect your ability to do your job properly, we can protect your rights and pursue your employer for the emotional, physical, and financial harm the unlawful activity has caused you.
Talk to an Orange County Employment Attorney – We Offer Free Consultations
Employment law violations are serious matters, and if your rights are being violated by a co-worker, supervisor, or third-party, contact our accomplished employment lawyer in Orange County today at (714) 409-8991 to schedule a free consultation.
We will strategically devise a legal plan to hold your employer responsible and help provide a positive working environment for everyone involved.
If you have questions about your rights as an employee in California or wish to discuss your case confidentially with one of our experienced employment attorneys, contact our office at 714-409-8991 or fill out one of our contact forms online.