Employment Law Attorney
There are some types of behavior that employees do not have to put up with at work. On top of that, employers cannot dismiss or fail to hire employees based on discriminatory reasons. At the federal level, these laws are covered in Title VII of the Civil Rights Act and extended in the Americans with Disabilities Act. At the state level, the State of California has passed its own laws regarding employment. These cover more individuals who are often the target of discrimination.If you feel you’ve been targeted for discrimination by your employer, your employer is not paying you in accordance with the law, or you’ve been retaliated against for blowing the whistle on your employer’s illegal activity; an Irvine, CA employment law attorney at Rubin Law Corporation can help you hold your employer responsible for their unethical behavior. Contact us today.
Types of Cases We Handle
With over 20 years of experience litigating employment disputes, Steven Rubin understands how to manage lawsuits against employers. We handle a wide variety of both civil rights and wage theft/misclassification lawsuits.
Wrongful Termination
Wrongful termination is when an employer fires you for illegal reasons. This could be because you reported a superior for harassment or discrimination. Perhaps it could be because you spoke up about an unethical or illegal practice. An Irvine, CA employment law attorney can help you recover damages or demand reinstatement if you would like to continue working because your employer wrongfully discharged you.
Discrimination
When an employer makes a workplace decision for discriminatory reasons, they are breaking the law. Federal law protects specific characteristics, including race, sex, disability, religion, and age. In addition, California extends these protected characteristics, including sexual orientation, gender identity or nonconformity, medical condition, genetic information, or marital status.
There are two types of employment discrimination lawsuits:
- Those alleging workplace harassment/hostile work environment
- Those alleging key employment decisions are being made based on illegal discrimination
In the latter type of lawsuit, it is illegal for employers to base decisions for hiring, firing, or promoting on discriminatory reasons that the law prohibits. Hostile work environment claims that allege a pattern or a culture of abusive behavior that is based on race, sexual orientation, gender, or some other protected characteristic.
The Irvine, CA employment law attorneys at Rubin Law Corporation have experience litigating both types of claims under both state and federal law.
Sexual Harassment
Sexual harassment allegations fall under the general category of hostile work environment claims. Typically they involve repeated unwanted advancements in an employment situation. When a worker who is the target of unwanted sexual advancements reports the wrongdoing to their superiors or the HR department, it is expected that those in a position to do so will remedy the situation. When they don’t, you may be able to sue the company for a hostile work environment.
Wage and Hourly Claims
One of the most common lawsuits that employment attorneys file are those in which employees allege that their employer has not paid them properly. Sometimes the employee is misclassified as an independent contractor when they should be classified as a full-time employee. Sometimes an employee is classified as an executive or professional employee. They thus receive payment on a salaried basis when they should be collecting overtime. The employment attorneys at Rubin Law Corporation can help you determine if your employer is not paying your properly.
Whistleblower Claims
Under the law, an employer cannot retaliate against an employee who reports criminal or illegal activity to the authorities. In addition, an employer cannot retaliate against an employee who reports wrongdoing that is contrary to the public good. For instance, if you work in a restaurant and you report unsanitary conditions to the board of health, the law would prohibit your employer from taking retaliatory action against you. If they do, you can sue them for wrongful discharge.
Executives and Professionals
Executives and professionals have worked hard to get where they are. They are also often subject to clauses in their contracts that may or may not be in their best interests. Other times, they may feel conflicted about a course of action when their own best interests seem to differ from that of their company. The employment attorneys at Rubin Law Corporation can help advise you during these times.
Entertainment Industry
While most people see the glitz and glamour, the entertainment industry has a seedy underbelly. In addition, those who work in the entertainment industry are often subject to contracts that our attorneys have a great deal of experience looking over. We can help explain some of the consequences that signing a particular contract will have.
Talk to an Irvine, CA Employment Law Attorney Today
The Rubin Law Corporation draws on a vast reservoir of experience fighting for employee rights in the workplace. If you’ve been mistreated or just need someone to examine the ramifications of a contract in Orange County, our attorneys can provide an invaluable service. Please feel free to give us a call and set up an appointment.
What does an Irvine Employment Attorney do?
An Irvine employment lawyer helps you understand your rights under federal and California employment law, and the deadlines you need to meet, as well as they build the strongest case possible for you.
What is the best time to seek advice?
The statute of limitations on wrongful termination under California employment law is three years from the date that you were wrongfully terminated.
Anti-discrimination laws give you a limited amount of time to file a charge of discrimination against your employer. Generally, you must file your charge within 180 calendar days from the date that the discrimination took place. Holidays and weekends are included.
Figuring out how much time you have to file a charge can be complicated by the fact that there are some exceptions. For example, the filing deadline for age discrimination is 300 days if there is a state law prohibiting age discrimination in employment and there is a state agency or authority that enforces that law.
What can employees do to protect themselves?
Unfortunately, there is not much that employees can do to protect themselves. Once there has been an incident of discrimination, sexual harassment, or fraud, then it is the employee who is most vulnerable to retaliation. It is up to the employer to respond to any complaints that have been filed and to improve the conditions of the workplace.
What employees can do is know their rights, know when to file a complaint, and immediately speak with an attorney. Under federal law, you have a right to a safe workplace, and your employer must keep your workplace free of discrimination, know the health and safety hazards, and be free of corruption. If you believe that your employer has created unsafe work conditions or have witnessed another labor violation, then you can file a complaint with the appropriate agency, like The Occupational Safety and Health Administration (OSHA). If your employer retaliates against you, then you should file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), and you should talk to an attorney immediately.
What is covered by employment law?
Employment law encompasses rights, obligations, and knowing the responsibilities between employers and employees. An Irvine employment lawyer can help you if there has been a violation of your rights.
Employment Rights in California
In California, workers are protected by federal and state labor laws regardless of where you were born or what your legal status is.
Safety And Health
Employers are required to provide a safe and healthy workplace by identifying health and safety standards and correcting them when needed. If you fear that your employer is not taking your safety seriously or if you or a coworker has been injured or gotten ill on the job, then keep a log of the injuries and illnesses, contact OSHA right away, and reach out to an attorney.
Wages And Breaks
If you are owed wages or have not gotten the rest of the work breaks that you are entitled to, then you can contact the Labor Commissioner’s office. Keep track of your work hours every day, when you take breaks and how much you are supposed to be getting paid. You must tell your employer if you believe that you are not getting paid what you deserve. It is illegal for your employer to retaliate against you for filing a complaint for unfair pay or unpaid overtime.
Taking Action Is Difficult
Most people are understandably terrified of speaking up, but it is illegal for your employer to punish you for doing so. The Whistleblower Protection Act protects any employee who reasonably believes and has evidence of any illegal activity from retaliation after disclosing this information or filing a complaint.
Discrimination
Employers are prohibited from discriminating against employees on the basis of their race, color, religion, national origin, sexual orientation, and gender.
What Damages Can You Recover?
The damages you can recover include lost wages and benefits, attorneys fees, and, in case of wrongful termination, you can get your job back. You may also be eligible to receive damages for emotional distress. Call Rubin Law Corporation now to schedule your free consultation with an Irvine employment lawyer who can discuss what damages you could recover in your specific circumstances.
Can I file an unemployment claim if I quit my job?
Yes, you can file an unemployment claim if you quit your job if you can prove that your employer created such a hostile work environment that you were left with no other option than to leave. This is called constructive termination, and though it is hard to prove, with strong evidence and an experienced attorney, you could win the damages that you deserve. if your employer retaliated against you for exercising your right to report fraud, discrimination, or sexual harassment or created an unsafe working condition, then you may have a valid case. You must show that you made an effort to improve the situation but that it was made worse.
