Santa Ana CA Employment Law Attorney
Rubin Law Corporation has helped Santa Ana employees fight for their rights under both state or federal statutes. With over 20 years of experience, we have had a great deal of success negotiating favorable settlements in situations where employer malfeasance rose to the standard of violating employment law. We aren’t afraid to take a case to trial either.
Employees engaged in an employer-employee relation have certain rights under the law. These rights are governed at the federal, state, and even at the local city level. In California, these rights are strictly enforced and offer broader protection than those legislated at the federal level. For instance, California prohibits employers from discriminating against an individual who is gay, transgender, or otherwise gender non-conforming. Federal law does not prohibit employers from discriminating on this basis. However, if a member of the LGBT community feels as though they suffered discrimination based on their sexuality or gender nonconformity, they can bring a suit under California’s statewide statutes.
Types of Cases We Handle
If you’re in a dispute with your employer contact the Rubin Law Corporation. An experienced Santa Ana CA employment law attorney can advise you of your options to remedy the situation. We handle the following types of cases:
Generally speaking, your employer can terminate you for any reason without giving a reason. However, if that reason is either discriminatory or retaliatory, then that reason violates the law. In other words, your employer may not fire you or demote you for filing a lawful complaint against them with the appropriate authorities. They cannot fire you or demote you for filing a complaint against a fellow employee or supervisor within your employment hierarchy. If your company does this, our Santa Ana, CA employment law attorneys can help.
At the federal level, it is unlawful to discriminate against someone on the basis of:
California law extends those protections to include the following:
- Sexual orientation,
- Gender identity or nonconformity,
- Genetic information,
- Medical condition,
- Or marital status.
In addition, there are two types of discrimination lawsuits. The first kind alleges that employers are making business decisions on a discriminatory basis. For instance, if two people apply for a job and one individual has superior qualifications but an employer passes on them because of some characteristic listed above, then the employer has made a discriminatory decision.
The other type of lawsuit involves discriminatory harassment in the workplace. These are also called hostile work environment lawsuits. If other employees target you for repeated jokes or abusive comments and your employer neglects to do anything about it, you can sue your employer for a hostile work environment.
Sexual harassment lawsuits are a type of hostile work environment lawsuit predicated on unwanted sexual advances, lewd or sexual comments, or the singling out of an employee based on their sex or gender. In most cases, employees bring sexual harassment lawsuits because companies do not take a proactive approach to handling inappropriate situations. For instance, if an employee comes to the HR department or an immediate supervisor and reports a conduct violation, HR or their supervisor should take some action to remedy the situation. When they don’t, they very well may be liable for damages if the conduct continues.
Most wage and hour claims boil down to a question of classification. Typically, waged employees are entitled to collect overtime pay. However, when they are classified as independent contractors, employers do not have to pay them overtime. Some employers intentionally misclassify employers for the sake of denying them overtime. Others force them to clock out at a specific time but then demand they continue to work. In some cases, employees who are not doing executive or professional work are put on salary and still expected to work overtime for free. A Santa Ana CA employment law attorney at the Rubin Corporation can help you recover your lost wages.
What about employees who blow the whistle on illegal activity or activity that is contrary to the public good? The law protects them from retaliation by their employer. If your employer has fired you because you reported wrongdoing, the Santa Ana, CA employment law attorneys at the Rubin Law Corporation can help you sue.
Rubin Law Corporation provides contract review to those who are executives or professionals. We can discuss the ramifications non-compete and non-disclosure clauses and ensure that you protect your interests in the deal.
Entertainment industry employees are also often subject to employment contracts. Rubin Law Corporation provides our clients with contract review services.
Speak to a Santa Ana CA Employment Law Attorney
The employment attorneys at Rubin Law Corporation can help you sue an employer who has violated the law. Or we can help you review a situation or contract to ensure that you protect your interests. Contact us today.