What Is The Difference Between a Severance Pay and a Notice Pay?

Employment law covers the employer-employee relationships' rights and responsibilities. This law governs every aspect of the workplace, from overpay scales, employment agreements or business contracts, hiring and training employees, to discrimination, harassment, and firing. Often, employees who have been wronged have no choice but to pursue litigation and file lawsuits against their employers with the assistance of an experienced employment law firm. When an employer is ending the employment relationship without a cause, they are typically required to provide the employee with a notice and a payment or a combination of both. However, employees who have had their employment terminated for wilful misconduct may not qualify for a payment in lieu of the termination notice. Comparatively, severance pay can only be provided to employees in specific circumstances. For instance, California law does not mandate the employer to provide the employee with severance pay unless it is included in the company handbook or the employment contract. Otherwise, it can be at the employer's discretion to provide it, among other benefits.

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Sometimes, employees have to face unfair or unethical treatment in the workplace from their employers or coworkers. The victims of such treatment might not be aware that their employment rights are protected under federal law and several Los Angeles laws, and they can use those laws to file a lawsuit against their employers.

However, the issues involving employment laws can be complicated. Therefore, you should hire a Los Angeles employment lawyer to help you with your employment law claim. On this page, you will find more information about employment law claims, including the fair labor standards act and the benefits of hiring an employment attorney from the Rubin Law Corporation.

What is Employment Law?

Employment law covers the employer-employee relationships' rights and responsibilities.

This law governs every aspect of the workplace, from overpay scales, employment agreements or business contracts, hiring and training employees, to discrimination, harassment, and firing. Often, employees who have been wronged have no choice but to pursue litigation and file lawsuits against their employers with the assistance of an experienced employment law firm.

There are many state laws in Los Angeles, CA, that provide protection to employees who have suffered mistreatment in the workplace, including the Age Discrimination Act (ADA), Fair Labor Standards Act (FLSA), National Labor Relations Act (NLRA), and the California Family Rights Act (CFRA). Employees who require assistance regarding employment law matters, such as enforcing these laws, can consult Los Angeles employment lawyers.

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Common Types of Los Angeles Employment LawsuitsFiled By Employment Law Firms

The following are the most common types of employment lawsuits.

Employment Discrimination

Employment law prohibits employers from taking any discriminatory actions against their employees. Discrimination can be of various kinds, and it is common for employees to become a target of discrimination in the workplace for their gender, age, religious beliefs, sexual orientation, political preferences, language or accents, and any disabling medical condition.

The Fair Employment and Housing Act (FEHA) protects employees against discriminatory workplace practices and gives them the right to litigation to recover damages resulting from workplace discrimination.

In addition to FEHA, federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) provide further protections. These laws ensure that employees are treated fairly and have equal opportunities regardless of their personal characteristics.

If you believe you have been discriminated against, it is crucial to document all incidents and seek legal advice promptly. An experienced employment lawyer can help you navigate the complexities of discrimination laws, gather evidence, and file a claim with the appropriate agencies, such as the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). Taking legal action can not only help you recover damages but also contribute to creating a more equitable workplace for all employees.

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Wrongful Termination

In Los Angeles, many employees are hired at will. This means they can be let go by their employer for a lawful reason or no reason at all at any time during their employment. However, certain employees can face wrongful termination, which refers to getting fired for unlawful reasons. For example, if an employee gets fired for requesting disabilities accommodations or speaking against offensive acts (retaliation), it is wrongful termination. Labor lawyers from a credible employment law firm can help you file a lawsuit against your employer if you have been laid off for false or unfair reasons.

Wrongful termination can also occur if an employee is dismissed for discriminatory reasons, such as their race, gender, age, or religion. Additionally, termination in violation of public policy, such as firing an employee for refusing to engage in illegal activities or for exercising their legal rights (e.g., taking family or medical leave), constitutes wrongful termination. Employees who believe they have been wrongfully terminated should seek legal counsel to understand their rights and explore their options for recourse. An experienced employment lawyer can help gather evidence, negotiate settlements, and represent the employee in court if necessary.

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Sexual Harassment

Sexual harassment is a serious issue in the workplace and is prohibited under both federal and California state laws. Employment law cases involving sexual harassment encompass unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Sexual harassment can manifest in various forms, such as inappropriate touching, suggestive comments, or displaying offensive materials. It can create a hostile work environment, making it difficult for employees to perform their duties effectively.

The California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act protect employees from sexual harassment and provide them with the right to file a lawsuit against their employer if they experience such behavior. Victims of sexual harassment can seek damages for emotional distress, lost wages, and other related costs. Employers are required to take immediate and appropriate action to address and prevent sexual harassment in the workplace. This includes implementing anti-harassment policies, conducting regular training sessions, and establishing clear procedures for reporting and investigating complaints. If you believe you have been a victim of sexual harassment, consulting with an experienced employment lawyer can help you understand your rights and take the necessary steps to seek justice and compensation.

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Workplace Injury

Millions of people get injured at the workplace every year in the U.S. If an employee suffers an injury at the workplace, it is the employer's responsibility to compensate them. If the employer disputes providing compensation for the injuries, the employee can be eligible to file an employment lawsuit or a worker's compensation claim against them.

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Wage Violations

The Fair Labors Standards Act (FLSA) protects employees against all unfair practices they may face in the workplace, such as wage and hour disputes. According to the Fair Labors Standards Act, employees deserve federally or state-mandated minimum wage and pay for working overtime. If your employer commits wage violations, Los Angeles employment attorneys can help you file a lawsuit against them.

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California Employment Laws

California is one of the most employee-friendly states. While the federal laws have their minimum wage requirement, the minimum wage for employees in California is significantly higher. For instance, while the federally mandated minimum wage is $7.25 per hour, in California, businesses with 25 employees should provide a minimum wage of $14.00. In addition, businesses with more employees (26 or more) should offer a minimum wage of $15.00.

The law in California has mandated strict working hours. The law also governs pregnancy, paternal, and other protected leaves and allows employees time off for legal holidays. It also provides unemployment benefits for employees who lost their jobs. Contact employment lawyers to learn more about the fair labor standards act and other California employment laws.

Why You Need to Hire A Los Angeles Employment Lawyer

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Understanding of Complicated Laws

Los Angeles employment attorneys have extensive knowledge of the complex areas of employment law. They can interpret them for you and guide you to the most suitable legal strategy.

Filing Complaints

Workplace complaints must be crafted professionally with all the proper legal terms to get a favorable result. Your Los Angeles employment attorney can help you draft and file all the required paperwork within the deadlines.

Negotiating Settlements

A Los Angeles employment law attorney can negotiate with the employer on your behalf and ensure you get fair compensation.

Reviewing Documents

Collecting evidence and tracing witnesses can be complicated in employment lawsuits; however, Los Angeles employment lawyers can review high-volume documents and help you gather evidence to secure maximum compensation.

Representation In Court

Los Angeles employment lawyers have experience representing employees in court, filing or opposing motions against them, and assisting employees in looking professional in court.

Frequently Asked Questions About Employment Law in Los Angeles

According to the Disabilities Act (DA), employers cannot fire an employee for being on disability leave. In California, employees are also permitted to take a medical leave for up to 12 weeks under the Family Medical Leave Act (FMLA), and they cannot be fired for exercising their right to be on this leave.

However, if an employee is on medical leave, their employment can be terminated for a valid reason. For example, employers are permitted to fire employees on medical leave for performance-related issues or for being involved in prohibited conduct at the workplace.

Either party can terminate an employment relationship with notice to the other party without any reason in Los Angeles. This is because California is one of the many states in the U.S. that allow at-will employment.

According to at-will employment, a company has significant discretion in firing or hiring employees unless they are doing so for illegal reasons. For example, if an employer fires someone for discriminatory reasons or in retaliation, it is considered illegal, and they can face the consequences for violating state laws. Employers are also not permitted to violate a contract when firing an employee.

If you believe your employment rights have been violated, contact us at the Rubin Law Corporation. We can schedule a consultation with our Los Angeles employment lawyer who specializes in federal employment laws, employee rights, sexual harassment cases, fair labor standards act, the medical leave act, the retraining notification act, and more. We serve clients from Los Angeles, and other areas in Southern California.

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Contact Us Today for a Free Consultation Regarding Your Employment Law Case

If you believe your employment rights have been violated, contact the employment and labor attorneys at Rubin Law Corporation. You can schedule a free consultation with a Los Angeles employment law attorney who specializes in federal employment laws, employment contracts, sexual harassment cases, fair labor standards act, the medical leave act, the retraining notification act, and more. Our law firm serves clients from Los Angeles, and other areas in Southern California.

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Our Clients Testimonials

"Steve, Caroline, and team were the best thing I could have hoped for. From my first phone call to Rubin Law, to my last, I was always 100% confident in Steve and team that I would be in good hands, and boy was I. I always felt like the team was knowledgeable, approachable, and reachable, and was always met with a great experience along the way. I pray I never need another Employment attorney, but if I do, there is no one else I would trust more than Steve Rubin @ Rubin Law. 100% would recommend 10/10."
Bryan L.

"In the fall of 2020 I was looking for an attorney. Several attorneys I spoke with fell into three categories: those who didn't understand the case and passed; those who didn't understand the case but agreed; and those who thought they understood the case but didn't. Rubin Law was in a category of its own: first they clearly explained my case to me, then offered their expertise, experience, and support. They were always instantly available and communicated clearly, worked diligently, spent a lot of time and effort, and maintained confidence all the way. The result and the amount of settlement exceeded all of my expectations. I recommend Rubin Law unconditionally because there’s no substitute for experience. "
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"This law firm has one of the best qualities. The attorneys in this law firm are honest, professional, focused, dependable and are always at your service. I will always recommend them for any one looking for a top notch law firm. I give them a five star rating for being awesome."
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Protecting Employee
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Employment Lawyer Los Angeles

What is Employment Law?