Are you struggling with a legal issue related to your employment? Talk with a San Bernardino employment lawyer at Eldessouky Law about your case. Our firm is dedicated to protecting workers from unfair treatment in the workplace.
San Bernardino is a wonderful city, and there are a number of great reasons to live and work in this area. There’s Seccombe Lake Park, San Bernardino National Forest, and San Manuel Stadium where you can take in a game. Living in this area is great, whether you need a job that respects your employment rights in order to maintain your sustenance, whether providing for yourself or your family.
Our employment attorney is familiar with handling employment lawsuits in San Bernardino county, including:
While you want to work and provide for your family, you deserve to be treated well at your workplace. If you are mistreated at work, this can be detrimental to you and your family and your financial future.
Employers tend to hold all the cards, so laws have been enacted to protect employees from unfair treatment. You don’t have to tolerate mistreatment at your place of employment.
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.
Employment Law: Which Type of Legal Employment Problem Are You Facing?
Employment issues come in a number of different forms. For instance, you could have trouble finding work if you are being discriminated against based on protected characteristics. You should know that it’s illegal for employers to deny you employment due to your age, for example.
Maybe you are dealing with wage issues, and you believe your employer is not paying you wages you’re entitled to. You can get help dealing with employment law issues by teaming up with an employment law attorney in San Bernardino. Below are some of the employment law problems people face.
Discrimination or Harassment in the Workplace
Although advancements have been made in the workplace in terms of providing equal opportunities for all, not all employers follow employment laws. Workplace discrimination and harassment are against the law, and employers can be held accountable when their behavior is deemed wrongful.
National and state laws provide protections for workers against discrimination and harassment.
What Is Discrimination?
Discrimination is when an employer does not provide the same opportunities for all people. For instance, if an employer looks at two applicants and chooses one over the other because of their age. This is an example of age discrimination and is illegal.
Discrimination can take many forms.
Here are some of the classifications that are protected under California employment law:
- Gender, gender identity, gender expression
- Nation of origin
- Medical condition
Employers can discriminate in different ways.
For instance, they might not hire someone based on their nation of origin. They might decide not to promote someone because of their age. They could cut a person out of certain meetings, programs, or opportunities. An employer could retaliate against someone for blowing the whistle on the company.
Discrimination is not always wrongful termination or failure to hire someone. Discrimination is always wrong, and you deserve justice when you’ve been discriminated against.
What Is Harassment?
Harassment is a little different than discrimination because it doesn’t directly involve employment opportunities. Harassment is when someone is bothering you at work, behaving inappropriately toward you, making you uncomfortable, or frightening you.
There are different motives for people who harass others at work. For example, a person could be harassing you because they are fearful you will take over their job. Another person could harass someone because of racism or because they don’t like something about that person.
No matter what reason you’re being harassed, this type of behavior is never okay. You don’t have to put up with harassment in the workplace.
Here are some examples of harassment:
- Sexual harassment, inappropriate sexual comments, inappropriate sexual contact
- Insults or taunts
- Unwanted touching, hitting, grabbing
- Verbal or physical threats
- Showing favoritism
- Inappropriate jokes or comments
- Inappropriate visual material posted in the workplace
If you are being harassed at work, you should talk with a San Bernardino employment lawyer for help filing a lawsuit.
California Wage and Hour Disputes
Eldessouky Law can help you deal with a number of employment law disputes. Some issues that come up a lot are wage and hour disputes. Employers are held to strict standards of fairness when it comes to paying employees. They have to follow the minimum wage laws and they are expected to classify workers appropriately.
When they fail to follow the law when it comes to wages and hours, they can be held accountable. For instance, if an employer tries to bypass overtime pay by wrongly classifying an employee as a contract worker, they could be sued for that behavior.
- Minimum wage in California is $12.00 per hour for employees of companies with 25 or fewer employees.
- The minimum wage is $13.00 per hour for employees of companies with 26 or more employees.
Should an employer fail to pay you wages you’re entitled to, a lawyer can help you recover those wages plus fees. You should know that you could be compensated for off-the-clock work if your employee knew or should have known you were working off the clock. You are also entitled to overtime pay when you’re an hourly worker.
If you aren’t sure if your employer owes you wages, talk to an employment law attorney in San Bernardino.
Wrongful Termination in California
Many employees worry about being fired from their jobs. It’s natural to hope that your employer will appreciate your hard work and will pay you accordingly. When you work hard, you expect to be rewarded with a secure job and fair compensation.
Unfortunately, most California workers are considered at-will workers, which means you can be fired or let go if the company decides to do so. They really don’t have to have a reason for doing so. Even if you are a hard worker, there is no guarantee that your job is 100 percent secure.
That being said, there are some reasons that an employer cannot fire you under the law. They can’t fire you for your race, gender, gender identity, gender expression, color, religious affiliation, military or veteran status, age, disability, or medical condition.
However, most employers who wrongly fire employees aren’t going to tell you why they fired you. This can make it difficult to prove that your employer fired you for an illegal reason. That’s why you really need to get help from a San Bernardino employment lawyer.
Your lawyer can do everything they can to help prove your case. We have experience with wrongful termination cases, and we may be able to put together a case to show that you were terminated under illegal circumstances.
Unfair Employment Contracts
When you get hired at a company or organization, you are often required to sign an employment contract. You are so excited to have a job that you may not read that contract closely. Sometimes, employers violate California law in these contracts. Other times, they violate your rights.
If you are the victim of an unfair employment contract, you may need some help dealing with the fallout.
For example, you might be getting threats from a former employer over a non-compete clause.
Maybe an employer forced you to take on additional duties that were inappropriate or inconsistent to your position or pay. Your San Bernardino employment attorney at our firm could sue for breach of contract if you can prove that the duties you were asked to perform were not in your employment contract and you did not agree to perform those duties.
Family and Medical Leave Laws
A lot of uncertainty exists in life, and the workplace is no different. But you need a stable job to provide a steady source of income for your family. Sometimes, circumstances outside of your control can throw your work life out of balance. If you get sick, or a family member gets sick, you may need to take time off of work.
The Family and Medical Leave Act (FMLA) and the California Family Rights Act are there to protect you in certain situations. These acts protect workers when they have to take time off of work for certain specific reasons, such as:
- To care for a sick family member
- If the employee is ill and needs treatment
- For the birth of a child
- When adopting a child
You can receive financial benefits through these programs if you can prove that you qualify. If you are being denied benefits you’re entitled to under the law, an employment lawyer can help.
A San Bernardino Employment Lawyer Who Cares
Employment laws can be confusing, and going up against an employer with vast resources is intimidating. You may also feel guilty about blowing the whistle on your employer. You could feel like you are ratting them out.
But you have rights, and you don’t deserve to have them trampled upon. If you’re owed wages, you deserve to get paid accordingly. If you are being mistreated at work, you need to bring awareness to that situation. Otherwise, others could also suffer the way you are.
Discrimination or harassment can create a hostile work environment, which makes it miserable for you to go to work each day. Not only is this an unpleasant experience, but also it could affect your mental health and self-confidence. You need to provide a living for yourself and your family, but that is hard to do in a hostile environment.
When things aren’t right in the workplace, your employment lawyer in San Bernardino can help. We can look into the situation to help you resolve the issue. We can help you sue your employer for wages and hour issues, discrimination, harassment, hostile work environment, or illegal behavior.
San Bernardino Employment Law FAQ
You probably have a hundred questions to ask your lawyer that are specific to your case. We can answer those questions for you during a free case consultation. You can read through some general questions and answers below.
How can you prove harassment at work?
Harassment at work is not easy to prove, and it will require evidence. Witness statements could be crucial in proving your case. You should also document all instances of harassment.
Can I sue for wage disparities at work?
It depends on the circumstances. If you believe the wage disparity is due to your gender, you could have a case. If the wage disparity is due to your work ethic, you don’t have a case.
I was wrongfully terminated. What can I do?
If your lawyer can prove you were wrongfully terminated, you could be owed compensation for what you went through. Call a lawyer today.
Speak to an Employment Law Attorney in San Bernardino, California
Your job matters greatly to you. It is far more than just a paycheck—it’s how you provide for yourself and your family. For some, a job is a tremendous source of pride and purpose. Many people spend years at a job, investing time, energy, and a piece of themselves.
When you are wronged in the workplace, you can demand the wrong be corrected. A San Bernardino employment law attorney can help you hold your employer accountable for any wrongdoing. Call Eldessouky Law today at 714-409-8991. Get a free case evaluation so you can learn your options.