Employment Law Attorney
If you feel you have not been treated fairly in the workplace, contact a Newport Beach, CA employment law attorney. As an employee, you have rights. Federal laws such as Title VII of the Civil Rights Act and the Americans With Disabilities Act work to provide you with a fair employment environment. The State of California has additional laws that further protect workers.
The California Fair Employment and Housing Act and the Calfornia Labor Code protect workers against discrimination and unpaid overtime and offer protections against many other forms of abuse by employers.
At Rubin Law Corporation, we have extensive experience vindicating the rights of people who have faced discrimination and other inequities in the workplace. Contact us today to find out more about how we can protect your rights.
Types of Employment Cases We Handle
With more than 20 years of experience in employment litigation, our attorney Steven Rubin knows the laws and legal procedures that apply to employment cases. He’s not afraid to go up against an employer and fight for your rights. Rubin Law Corporation can help with an array of employment legal case types.
Wrongful Termination
If an employer fires you for an illegal reason, you may have been wrongfully terminated. Wrongful termination often happens when an employee reports harassment or discrimination or speaks up about illegal practices in the business. A Newport Beach, CA employment law attorney can help you seek damages or the reinstatement of your job if you desire to continue working and maintain your job.
Discrimination
Most types of discrimination in the workplace are illegal. Federal law protects employees from discrimination based on characteristics such as race, sex, disability, religion, and age. However, California law extends that to protect sexual orientation, gender identity, medical conditions, marital status, and genetic information. If you feel you’ve been discriminated against based on any of these characteristics, then you may have a case against your employer.
Discrimination in the workplace can take two forms:
- Harassment or the formation of a hostile work environment; or
- Illegal discrimination through key employment decisions.
When you face harassment based on a protected characteristic, you may be able to file a lawsuit against your employer to correct the situation. You may also be eligible for other damages through a hostile work environment claim.
If key employment decisions are being made against you based on discriminatory practices, then you may be able to recoup anything you’ve lost because of those decisions. This may include hiring, firing, promotions, and other employment decisions that impact your work.
A Newport Beach, CA employment law attorney can evaluate your case/ situation as well as help you file claims under state law, federal codes, or both.
Sexual Harassment
If someone is creating a hostile work environment by sexually harassing you, they may be discriminating against you based on your sex, gender, or identity. Sexual harassment often involves unwanted advancements or repeated sexual comments or jokes. A one-off comment may not qualify as sexual harassment. However, if someone is making comments repeatedly or frequently enough to create a hostile work environment, then it may be sexual harassment. It’s best to consult with a Newport Beach, CA employment law attorney to find out what you can do about sexual harassment in the workplace.
Wage and Hourly Claims
If your employer has not paid you properly for regular wages or overtime, then you may have a wage and hour claim against them. Even if you are salaried, you may have a claim against your employer. Employees are often misclassified, which impacts their collection of wages. A Newport Beach employment law attorney can review your specific situation and help you file a claim.
Whistleblower Claims
If your employer is doing something illegal and you report it, your employer cannot retaliate against you for that action. State and federal laws protect employees who report wrongdoing that is not in the best interest of the public. For example, if you report your restaurant employer to the California Department of Public Health, your employer cannot fire you. If they do, you should contact a Newport Beach, CA employment law attorney.
Executives and Professionals
People who have moved higher up the employment ladder often have to deal with complex employment issues. Executives and professionals often have contracts and salaried issues to face. A Newport Beach, CA employment law attorney can help you manage your own best interests.
Entertainment Industry
The entertainment industry can be dark, especially for those employed by large entertainment corporations. Contracts should be reviewed by a Newport Beach, CA employment law attorney, and any issues that arise can be talked over and should be dealt with swiftly.
Call a Newport Beach, CA Employment Law Attorney Today
If you feel your employer treated you unfairly or in a way that violates a state or federal law in Orange County, you need a lawyer who can advocate for you. Your employer will have a team of attorneys to back them up. You need an attorney who can help you fight back. Call a Newport Beach, CA employment law attorney at Rubin Law Corporation today.
When To Call An Attorney
The best time to call an attorney is immediately after the incident happened that you believe is a violation of federal or state employment law. In fact, you don’t need to file a report with the EEOC or the relevant agency for your complaint before speaking with an attorney, though you will need to file a complaint or you may need to contact your human resources department in order to proceed. But for a lot of people who are anxious about speaking up, talking to an attorney from Rubin Law Corporation can be helpful because we can help by providing you with what steps you will need to take and help inform you of what your rights are.
We are compassionate attorneys that want to help you immediately because we know what deadlines you are facing. For example, you have a limited amount of time to file a charge of discrimination with the EEOC. Generally, you only have 180 calendar days to file your claim, though if you are filing for age discrimination, then the deadline is 300 days. There are other exceptions that one of our employment law attorneys would be happy to help explain to you if needed for more clarification.
The statute of limitations for employment law violations regarding fraud or failure to pay wages or overtime is three years. You have four years to sue for breach of a written employment contract. However, if you wait too long and the statute of limitation has expired, then you have lost your right to sue forever. This is why you should call us at 213-224-9347 immediately so we can set up a free consultation with you.
How Can I Prove My Newport Beach Employer Misclassified My Position?
Misclassifying an employee makes it easier for employers to violate employment eligibility, wage, and tax laws. As a result, employees are not paid the benefits that they are entitled to. Generally, employees are misclassified as independent contractors so that employers don’t have to pay payroll taxes, health insurance, or paid time off.
You should first try to talk to your employer to see if they can review your status and re-classify you as an employee. At the very least, they should give you an explanation as to why you are considered a contractor rather than an employee. You could also file a Form SS-8, “Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding,” with the IRS.
If you believe that your employer has misclassified you as an independent contractor, then you need to speak with an attorney immediately. Unfortunately, misclassification occurs much more frequently than people realize, resulting in employees losing out on crucial benefits. You may also be ineligible to receive unemployment benefits. Call 213-224-9347 now.
About Our Law Firm
Since 1995, Rubin Law Corporation has helped Newport Beach workers handle situations at their job whether or not they are still employed at that job. We understand how stressful it is to face discrimination, harassment, or wage disputes at work, or face wrongful termination. It can affect every aspect of your life and cause undue stress.
We fight for your right to receive compensatory and punitive damages. Compensatory damages include lost wages and benefits and emotional distress from the anxiety that the situation has caused you. Punitive damages are awarded to punish the employer for egregiously appalling discrimination.
Mr. Steven M. Rubin, the founder of Rubin Law Corporation, has been practicing law for almost 4 decades and is a member of the California Employment Lawyers Association, Consumer Attorneys of Los Angeles, National Employment Lawyers Association, and Los Angeles County Bar Association.
How Our Attorneys Can Help You
With over 25 years of experience, we are eager and ready to help you just as we have helped other employees. There are many different situations that necessitate hiring an employment lawyer that we can help you with, such as wage and hour violations, whistleblower retaliation, and workplace discrimination on the basis of
- Race
- Creed
- Age
- Sex, including gender identity and sexual orientation
- Religion
- Disability
- National Origin
We, will build your legal strategy by establishing the facts of your case through evidence. Some pivotal pieces of evidence that you can provide to us are correspondences with your employer that provide proof of their retaliatory intent in a wrongful termination case, where they admit a bias towards any group in a discrimination case, or lewd and offensive photos in a sexual harassment case, whichever applies to you. Additionally, you should provide us with a written job description, your employee handbook, your offer letter, and performance reviews in your file.
Your employer will have a team of legal experts defending their actions, so you need an attorney that can help you get the just compensation that you deserve. When your rights have been violated by your employer, then call Rubin Law Corporation at 213-224-9347.
