The relationship between employers and employees in California is governed by employment and labor laws at both the federal and state levels. These laws provide a framework of obligations and rights. Disputes often arise from a failure to uphold and undertake these obligations and rights, which can lead to serious disruptions in the workplace.
At Dordick Law Corporation, we are committed to each of our clients. Our employment and labor law attorneys in Southern California help employees understand their legal obligations and rights, and we take appropriate action given the unique circumstances of each case. If you believe you have an employment law issue, contact us today at (310) 551-0949 or fill out our online form to schedule a free consultation.
Common Grounds for Employment-Based Lawsuits in California
Lawsuits are not uncommon between employers and employees. Below are the most common reasons an employment or labor-based lawsuit is filed in California.
Employment Discrimination
The federal government protects against discrimination in the workplace based on certain characteristics, which include:
- Race
- Color
- Religion
- Sex (including pregnancy, sexual orientation and gender identity)
- National origin
- Age (40 or older)
- Disability
- Genetic information (including family medical history)
Some states go further by protecting people based on things like military or family status. When an employee, or even an applicant, believes they have been unequally treated based on one of the above-protected characteristics, they can file a claim and possibly sue for damages and other remedies.
Family and Medical Leave Act Violations
Employees have certain rights when they or family members become sick or injured. The Family and Medical Leave Act (FMLA) establishes and protects these rights. When an employee believes their FMLA rights have been violated, then they may file a claim. Two common violations under the FMLA are denied requests of leave or retaliation for taking FMLA leave.
Harassment and Hostile Work Environment
Legal action can be taken when employees are subjected to unwelcome and offensive conduct that creates a hostile work environment. Cases involving harassment, whether it is sexual harassment, bullying, or any other form of workplace harassment, are common reasons for litigation.
Occupational Safety and Health Administration Violations
The Occupational Safety and Health Administration (OSHA) establishes certain standards that employers must uphold to protect the safety and health of employees. If unsafe working conditions and other violations of OSHA regulations are present in the workplace, employees can file claims or possibly sue.
Retaliation
If an employer takes adverse actions against an employee in retaliation for exercising their legal rights, such as reporting workplace violations or filing a complaint, this is unlawful retaliation, and the employer can file a claim or possibly sue.
Wage and Hour Violations
Employees can pursue legal action if they are denied proper wages, overtime pay, meal and rest breaks, or misclassified as independent contractors.
Whistleblower Claims
When an employer engages in illegal activities or violations, an employee might report it. In such situations, these employees may be protected as whistleblowers. If the employer retaliates against the employee for reporting the company, the employee might be able to file a claim or sue.
Wrongful Termination
An employee who was fired unlawfully, often violating employment contracts, public policy, or anti-discrimination laws, can file a claim and sue the employer.
Unfair Labor Practices
Allegations that employers have engaged in unfair labor practices, such as interfering with employees' rights to organize or engage in collective bargaining, could be a reason for an employee to take legal action against the employer.
Why Choose our Employment and Labor Attorney in California
At Dordick Law Corporation, our clients choose us because we understand complex employment laws, regulations, and legal precedents, and we use this knowledge to give clients accurate advice and effective representation. We use our unique perspective to develop smart strategies tailored to the specific circumstances of each case, maximizing the chances of a favorable outcome, favorable contract terms, or other resolutions that meet our clients' best interests.
Contact an Employment and Labor Law Attorney in Southern California Today
Employment law is a multifaceted field that governs and addresses various aspects of the employer-employee relationship. At Dordick Law Corporation, our employment lawyers in California act proactively to help employees bring claims against employers who have failed in their obligations.
Contact us today at (310) 551-0949 or fill out our online form to schedule a free consultation.