Employment Law

LOS ANGELES LABOR AND EMPLOYMENT ATTORNEYS

The Los Angeles employment attorneys at Oaks Law Firm are knowledgeable in California Labor and Employment laws and have the resources to vigorously pursue any and all claims against wrongdoing employers who do not have their employee’s best interest in mind. As we all know and have fought for, California employees deserve a safe work environment. If your rights, as an employee, are or have been violated, the aggressive employment lawyers at Oaks Law Firm are ready to go to bat for you to collect what you are legally entitled to. There are laws, rules, and regulations in place that protect California workers and are designed to hold employers accountable for any wrongdoing or misconduct. If you are unsure as to whether you do have a viable claim or not, you owe it to yourself to find out. We are here for you and WE LISTEN! – Contact Oaks Law Firm today, for a Free Case Evaluation and consultation.

Laws that Protect Los Angeles Employees:

Although many Labor-related laws have been around for some time now, In 2020, however, California passed laws to help further minimize and/or eliminate problematic employment practices and reduce the inequality that may exist for workers. Below are some of the main takeaways from the new law:

· There are now Labor protection laws that would force companies to reclassify independent contractors as employees

· Laws to ensure Job equality

· The new law makes it easier for first responders to receive workers’ compensation for post-traumatic stress disorder

· The new laws Ban discrimination based on hairstyle

· Laws increasing the minimum wage

· Pandemic related law: Worker Protection Order put into effect to help slow the transmission of COVID-19

California Employment Laws:

The time to file your lawsuit against an employer or wrongdoer in the Employment setting and/or the statute of limitations (SOL) to protect your employment rights, varies depending on the type of claim or case you have and which administrative agency your complaint would be overseen by-in some cases, you may only have 180 days from the date of the act to draft your claim or complaint. Hence, time is always of the essence so you must act fast. Some of the agencies who may need to be notified and/or may get involved in a California employment law case are below for your perusal: · California Division of Labor Standards and Enforcement (DLSE) · California Department of Fair Employment and Housing (DFEH) · United States Department of Labor · The United States Equal Employment Opportunity Commission (EEOC)

California has enacted some of the most extensive employment protection laws for workplace victims in which one can pursue remedies.

Types of Employment-Related Claims

We here at Oaks Law Firm, understand the challenges that employees face—the loss of livelihood, the alienation from friends, wages and hour claims, and the like. From administrative complaints to civil trials we know how to make sure you are heard and are able to obtain the compensation you are entitled to. We handle all California Labor and Employment cases on a contingency fee basis, which means you pay NOTHING unless we collect money for you. The following are some of the areas of Employment-related cases we handle:

· WRONGFUL TERMINATION — Although At-will employment may mean that you can be terminated with or without cause, at any time, for any lawful reason with or without advance notice, employers must still adhere to all applicable laws and public policy when hiring and firing employees. Meaning, there may be things an employer may have done that were a violation of CA law. Hence, they would be held responsible for the wrongful termination of an employee. A brief example of reasons why a California employee cannot be terminated: Employees are protected from being fired based on their race, religion, sexual orientation, or any other characteristic that is legally protected from discrimination at the state or federal level. Employees who engage in whistleblowing are similarly protected and may not be terminated for bringing forward a claim of unlawful or unethical conduct by an employer.

· RETALIATION — A Retaliatory act is when an employee engages in a legally protected act, yet his/her employment is adversely affected. ALL CA employees are protected from termination, demotion, or any other adverse action under Equal Employment Opportunity (EEO) statutes passed by the federal government, along with the State of California’s Fair Employment and Housing

Act (FEHA). Knowing the law and being well informed will benefit you. Know your rights.

· HARASSMENT — California laws prohibit harassment in the workplace, whether it be sexual harassment or non-sexual harassment. FEHA gives employees the right to an environment free of verbal, physical, sexual, and other abusive behaviors, including hostile work environment harassment. Workplace conduct is legally considered harassment when it is: offensive; unwelcome; severe; creates an intimidating or hostile work environment.

· DISCRIMINATION — Laws such as the Civil Rights Act of 1964 protect employees from discrimination based on your sex, race, national origin, and religion. Common acts of workplace discrimination include denying pay raises, promotions, or benefits to certain protected conditions, as well as paying employees with similar qualifications different salaries based on a protected status.

· UNPAID WAGES — California and federal laws protect employees’ pay for work performed. Some employers however still use tactics to avoid paying certain employees’ pay. Rest and meal break violations, employee misclassification, and bonus pay adjustments.

· LEAVE OF ABSENCE — When an employee in CA requires time off to attend to family matters or medical concerns, there are laws, such as the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) which protect an employees’ rights and hold employers responsible to make sure workers are not treated adversely for taking such time off. Pregnancy,

disability, medical, and military are some of the work leave rights that are legally protected in CA.

Do I need an Employment Lawyer?

There are certainly plenty of reasons to hire an attorney for any employment law-related cases. There are laws and statutes that you may not be aware of and certain time-sensitive deadlines that you may need to adhere to in order to protect your rights. Only an experienced Labor and Employment law attorney will be able to assist you. Most importantly, these types of cases are generally handled on a Contingency fee basis meaning you do not pay a single penny until and unless the attorney has collected money for you. Pick up the phone and call. NO RECOVERY—NO FEE. The least that can happen is you learn something about your ongoing situation and your legal rights.

Do I Have A Wrongful Termination Case?

It is often very difficult to know if you were terminated illegally. The first thing to understand is that most jobs are considered “at-will” which means an employee can be fired at any time for any legal reason.

However, there are exceptions to the at-will rule that may protect you from being terminated.

In California, an employer cannot fire an at-will employee for the following reasons:

· Discriminatory basis due to race, religion, gender, age, disability, political beliefs, sexual orientation

· Whistleblowers or retaliatory reasons

· Protected absences

· Constructive discharge

What Can I collect from My Employer for my damages?

Employees, who have had their rights violated are generally afraid to come forward and file a claim for what they are rightfully entitled to. We at Oaks Law Firm are here to assist you and to protect your rights. The following are some of the items that can play a key role in the success of your case and we will help you gather these, as one of the many things we will do on your case if we are representing you:

-Internal communication, emails, reviews, and reports between you and your employer

-Statements from coworkers or witnesses

-Notes detailing illegal behavior by your employer

-Employee handbooks, contracts, and past performance reviews

-Pay stubs and other employment records

Some violations can be very costly for the employer if the CA employer is found responsible for harassment, discrimination, or any other illegal

employment action against you. You may be entitled to recover some or all the of following damages:

· Lost Wages

· Lost Benefits

· Diminished Earning Capacity

· Emotional Distress

· Punitive Damages

· Attorney Fees and possibly more damages…

Each case is fact-specific, hence, we would need to know all the details of your case to be able to better assess the damages you may be entitled to.

ALWAYS a Free Consultation with our Los Angeles Employment Lawyers

Although, if you search you will find a slew of lawyers and firms offering their services, however, it is quite difficult finding an experienced and knowledgeable attorney in locations like Los Angeles, Santa Ana, Bakersfield, Lancaster, Palmdale, Riverside, San Bernardino, and throughout CA. Why choose Oaks Law Firm, because the attorneys at Oaks Law Firm simply listen to the client and strategize the case based on what the client wants to be done.

Not every firm has the compassion and resources, or the talent to help employees recover what they are entitled to. — Call us at (877)539-5366 NOW or fill out our online contact form for a FREE case evaluation.