Employment Law Lawyers

California’s Fair Employment and Housing Act makes clear that it is illegal for an employer of five or more employees to discriminate against protected groups in any aspect of business, from application to termination. Workplace discrimination takes many forms but is almost always rooted in unfair treatment of specific workers. Examples of unfair treatment can include being refused a job or job promotion, derogatory comments by supervisors or coworkers, being paid less than a similarly qualified coworker, and job termination. If a worker is being treated unfairly due to his or her inclusion in a protected class, that worker will can seek damages through a workplace discrimination legal claim. Employment discrimination is illegal in any business practice, including: Advertising a job position The job application process Screening job applicants Interviewing job applicants Hiring decision process Compensation levels Training Promotions Demotions Transfers Terminations Workplace environment Organizing Union activity Discrimination targeting any of these protected groups is illegal in California. Race or color Ancestry or national origin Religion or creed Age (over 40) Physical disability Mental disability Sex Gender Gender identity Sexual orientation Medical condition Genetic information Relationship status Military or veteran status If you have had a negative experience with something on the first list because of something on the second list, you may have a valid discrimination claim under employment law. The Law Offices of Scott Warmuth’s employment law experts want to hear your story. Call us today at 888-517-9888 for a free case evaluation.

Sexual harassment is a specific type of sex discrimination prohibited under employment law. Sexual harassment occurs when physical or verbal harassment of a sexual nature occurs in the workplace. Many people associate sexual harassment with male perpetrators and female victims, but sexual harassment happens to all genders and is perpetrated by all genders. Sexual harassment can be committed by a supervisor, a peer, or a subordinate. Anyone can be a victim. Acts of sexual harassment include: Unwanted sexual advances Unwanted physical touching Requests for sexual favors Promising employment or promotion in exchange for sexual favors Threatening termination or demotion in the absence of sexual favors Sexual assault Sexually explicit verbal harassment Solicitation of explicit pictures Inappropriate workplace jokes or conversations Indecent exposure It is important to note that some lesser, isolated incidents may not be considered sexual harassment and some incidents may be considered more actionable than others. However, repeated actions of sexual harassment can create a hostile work environment. Document every incident in which you think you are being sexually harassed and report it to your supervisor or human resources department. If the harassment does not stop, you may have a legal case.

“Wage and hour” is a catch-all employment term for anything related to wages and working conditions. Wage and hour law governs the rules and enforcement of minimum wages, overtime pay, tips, rest and meal breaks, promised bonuses, employment classification, and more. Violations of wage and hour laws are sometimes difficult to detect, so knowing your rights can help you to ensure your employer is not illegally taking advantage of you. Wage and hour law is complicated and nuanced. A dedicated employment law attorney can help you seek lost wages.

Many workers may feel afraid to report violations of employment law or other illegal activities in fear of how their employer may react. Reporting incidents of harassment, discrimination, fraud, deceptive business practices, violations of health and safety regulations, or anything else implicating the business to either the business itself or to government authorities is a protected act. Even so, some companies will still retaliate against workers who blow the whistle. When this happens, affected workers can pursue the business in court for lost wages, psychological stress, and emotional stress. Punitive damages punishing the business could also be awarded to workers who experience retaliation. Retaliation can also occur after a work injury. Injured workers have the legal right to pursue a workers’ compensation claim. It is illegal for employers to terminate or harass any worker for reporting an on the the job injury. If you believe you have suffered any form of retaliation while pursuing a workers’ comp claim, be sure to inform your case file manager. Retaliation can take many forms. Harassment, isolation, demotion, failure to promote, negative performance reviews, and termination are common forms of retaliation. All are illegal.

California is an at-will employment state. This generally means that an employer can terminate an employee at any time for any reason, or no reason at all. Even so, there are certain legal restrictions under employment law as to who can be fired for what. Wrongful termination is the term for when a company violates those restrictions. When an illegal act under employment law results in the firing of an employee, the employee is the victim of wrongful termination. Wrongful termination can be the result of workplace discrimination of any protected class, actions taken that are designed to create a hostile work environment with the goal of making an employee quit, or retaliatory action against a whistleblower. Due to the nature of at-will employment, unlawful termination can be difficult to prove. Most employers accused of wrongful termination will deny it and provide a legal reason for why the employee was terminated to obscure or hide any potential illegal factor. Collecting and keeping any evidence that points to wrongful termination is the best way to bolster a legal claim. Items such as positive performance reviews, industry awards, records of conversations, and emails can help prove an unjustified firing based on discrimination or retaliation.