Experienced Employment Attorneys in Los Angeles, California
Workplace issues usually have a way of derailing even the most dedicated employees, and that’s why it’s a good idea to consult with an employment attorney Los Angeles. A good work ethic and a strong track record of being a responsible and hard worker don’t help if you’re being harassed at work or discriminated against for factors outside your control by the people who make decisions.
Unethical bosses typically thrive on your fear of losing your job to perpetuate their unfairness in the workplace. However, you don’t need to live in fear any longer. You can take matters into your own hands and take legal action against anyone who commits illegal acts against you in the workplace.
At the Law Offices of Todd M Friedman, we pride ourselves in fighting for our clients’ rights. We are dedicated to ensuring all California employees work in safe and healthy environments free of discrimination and those that are respectful to all workers regardless of their race, gender or disability.
Who Is an Employment Lawyer?
Also called an employment law attorney, a plaintiff employment lawyer represents employees dealing with legal claims, disputes, or violations related to employment law. Employment lawyers specialize in workplace laws and are crucial in shaping how employers treat their workers. They help resolve disputes between employers and employees or issues between co-workers.
By way of contrast, there are also employment lawyers who are not plaintiff advocates, and instead work with employers to ensure their processes and guidelines follow the law. Defense employment lawyers represent the employers, while plaintiff employment attorneys represent the employees.
The Los Angeles employment attorneys of Todd M. Friedman, P.C. are all employee rights advocates and only represent employees who have been wronged in the workplace.
They help protect the rights of workers and also protect employees from exploitation. For the outlined reasons, it’s always important to consult an employment lawyer Los Angeles to protect your interests, rights, and future in your workplace.
What Kinds of Claims Do Los Angeles Employment Lawyers Handle?
Employment lawyers handle various claims in employment law. The most common claims employment lawyers handle include:
Hostile Work Environment Claims.
A hostile work environment is characterized by unwelcome conduct, whether verbal, non-verbal, or physical, that is based on race, color, religion, sex, national origin, age, disability, or genetic information. According to the Employment Law Offices of Todd M. Friedman, P.C., this type of environment becomes unlawful when the conduct is severe or pervasive enough to create a work atmosphere that a reasonable person would consider intimidating, hostile, or abusive. This can include offensive jokes, slurs, epithets, physical assaults, threats, intimidation, ridicule, insults, offensive objects or pictures, and interference with work performance.
A hostile work environment is problematic because it can significantly affect an employee’s mental and physical health, leading to stress, anxiety, depression, and decreased productivity. For California employees, protections are robust. Under California’s Fair Employment and Housing Act (FEHA), employees are safeguarded against harassment and discrimination in the workplace. Additionally, federal protections under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) provide further legal recourse.
If employees believe they are in a hostile work environment, they should document all incidents meticulously, report the behavior to their HR department or a supervisor, and seek legal advice if necessary. The Employment Law Offices of Todd M. Friedman, P.C. recommend keeping detailed records and following company procedures for reporting harassment to build a strong case if legal action becomes necessary.
Workplace Discrimination Claims.
Workplace discrimination attorneys can help employees find help from employers who discriminate against them based on factors outside their control. Some common discrimination claims include:
- Age discrimination– Where an employer will deny you an opportunity based on your age alone. Ageism in the workplace usually affects older employees who can get fired, denied a promotion or a raise because of their older age.
- Disability discrimination– The Americans with Disabilities Act stipulates that employers should make reasonable accommodations for all employees with any form of disability. However, the lack of clarity usually leaves people with disabilities at the mercy of employers. Some employers use disability as a reason to withhold various benefits, including pay, training, hiring, or promotion.
- Gender discrimination– Gender discrimination can take many forms, including unequal working conditions, unequal pay, sexual harassment, and pregnancy discrimination. Although gender discrimination usually affects women in the workplace, men can also get discriminated against in some circumstances.
- Religious discrimination– Where an employer will discriminate against you based on your faith
- Sexual orientation discrimination– Whoever you choose to be in a relationship with doesn’t affect your ability to deliver as an employee. Sexual orientation discrimination occurs when an employer uses your sexual status to create harsh working conditions.
- Racial discrimination: Occurs when an employer or co-worker chooses to discriminate against you based on your skin color.
Workplace Harassment Claims
Sexual harassment in the workplace includes any unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. It can manifest in numerous ways, from inappropriate comments and jokes to physical actions and coercion. The impact on employees can be profound, leading to emotional distress, decreased job satisfaction, and even physical health issues. This hostile environment not only affects the individual but also undermines workplace morale and productivity.
Addressing sexual harassment is crucial because it creates a toxic work environment that can lead to high employee turnover and legal liabilities for employers. In California, employees are protected under the Fair Employment and Housing Act (FEHA), which provides robust safeguards against harassment. Federally, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex, which includes sexual harassment.
These laws mandate that employers must take reasonable steps to prevent and correct harassment and provide avenues for employees to report incidents without fear of retaliation. If you believe you are experiencing sexual harassment, understanding these protections can empower you to take action and seek the support you deserve.
Wrongful Termination Claims
Wrongful termination occurs when an employee is fired in violation of legal protections or company policies. Examples include termination due to discrimination based on race, gender, age, or disability, as well as retaliation for whistleblowing or exercising labor rights. This issue poses a significant problem as it not only disrupts the lives of the affected employees but also creates a toxic workplace environment. Wrongful termination can lead to financial instability, emotional distress, and damage to professional reputations, making it crucial for employees to understand their rights and the recourse available to them.
In California, employees are protected under both state and federal laws against wrongful termination. The California Fair Employment and Housing Act (FEHA) and the federal Civil Rights Act prohibit discriminatory firings, while the Whistleblower Protection Act safeguards employees who report illegal activities.
Additionally, the Law Offices of Todd M. Friedman, P.C. specialize in representing employees in wrongful termination cases, ensuring that their rights are upheld. For more information on your rights and legal protections, you can visit the California Department of Fair Employment and Housing and the U.S. Equal Employment Opportunity Commission. If you believe you have been wrongfully terminated, consulting with our employment attorneys in Los Angeles can help you navigate the complexities of your case and seek justice.
Family & Medical Leave Act (FMLA) Claims
The Family & Medical Leave Act (FMLA) is a crucial piece of legislation designed to protect employees who need to take leave for serious health conditions, family responsibilities, or military family leave. Despite its importance, FMLA claims can be a significant issue in the workplace, often due to misunderstandings or violations of employer obligations.
Employers are required to provide eligible employees with up to 12 weeks of unpaid, job-protected leave per year, but common violations include failure to notify employees of their rights, denying valid leave requests, or retaliating against employees who take FMLA leave. Eligibility criteria for FMLA include having worked for the employer for at least 12 months and having clocked at least 1,250 hours over the past 12 months.
In California, employees are further protected by both state and federal laws. The California Family Rights Act (CFRA) expands on FMLA protections, offering similar leave benefits but covering a broader range of family members. The Employment Law Offices of Todd M. Friedman, P.C. emphasize that employees should be aware of their rights and the legal precedents that support them.
Recent rulings have reinforced the importance of employer compliance with both FMLA and CFRA. Notable quotes from expert opinions at Todd M. Friedman, P.C. highlight that “Employers must not only understand but fully implement these laws to avoid legal repercussions.” If you believe your FMLA rights have been violated, it is crucial to seek legal advice. Contact the Los Angeles employment attorneys at Law Offices of Todd M. Friedman, P.C. for a free consultation and ensure your rights are protected.
Whistleblower & Retaliation Claims
Whistleblower claims arise when employees report illegal activities or violations of regulations within their organization. Workplace retaliation claims occur when employers take adverse actions against employees who have engaged in legally protected activities, such as reporting misconduct. These issues are significant because they can create a hostile work environment, discourage ethical behavior, and undermine trust within the workplace. Employees who face retaliation may experience stress, job loss, and damage to their professional reputation, making it crucial to address these problems effectively.
Both California and federal laws provide robust protections for employees against whistleblower retaliation. Under California law, the California Whistleblower Protection Act and the California Labor Code Section 1102.5 protect employees who report illegal activities from retaliation. Federally, the Whistleblower Protection Act and the Sarbanes-Oxley Act offer similar safeguards. These laws ensure that employees can report wrongdoing without fear of retaliation, fostering a safer and more transparent workplace. If you believe you have been a victim of retaliation, it is essential to seek legal advice and support.
For more information and support, you can contact the Law Offices of Todd M. Friedman, P.C. here. Additionally, government resources such as the U.S. Department of Labor and the California Department of Industrial Relations offer guidance on filing complaints and understanding your rights as an employee.
Misclassification and Wage & Hour Claims
Misclassification and wage & hour claims are significant issues in the workplace that can severely impact employees’ rights and earnings. Misclassification occurs when employers incorrectly label workers as independent contractors instead of employees, thereby denying them benefits and protections such as overtime pay, health insurance, and workers’ compensation. Wage & hour claims typically involve violations like unpaid overtime, failure to provide meal and rest breaks, and not paying minimum wage. These practices not only rob employees of their rightful earnings but also create an unfair competitive advantage for businesses that exploit these loopholes.
California has robust protections in place to safeguard employees from such violations. Under both state and federal laws, employees are entitled to fair wages, proper classification, and adequate breaks. Recent court rulings have further strengthened these protections, ensuring that employers who misclassify workers or violate wage & hour laws face significant penalties. For instance, the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court established stricter criteria for classifying workers as independent contractors, making it harder for employers to misclassify employees. Employees who believe their rights have been violated can seek legal recourse through the California Labor Commissioner’s Office or consult with legal experts like the Law Offices of Todd M. Friedman, P.C., who specialize in employment law and are dedicated to protecting workers’ rights.
Employment Contracts
As California is an at-will state, employment contracts are not particularly common in the California workplace, except among executives and professionals in the media and entertainment industries. These contracts outline the terms and conditions of employment, including job responsibilities, compensation, and duration of employment. While they can provide clarity and security for both parties, they often contain terms that can be problematic for employees. Unfair terms, such as excessive non-compete clauses, can limit future employment opportunities. Discrimination within these contracts can also occur, leading to unequal treatment and pay disparities. Additionally, these contracts sometimes fail to guarantee job security, leaving employees vulnerable to sudden termination.
California and federal laws offer significant protections for employees facing unfair employment contracts. The California Labor Code and the Fair Employment and Housing Act (FEHA) provide robust safeguards against discrimination and ensure fair treatment in the workplace. The California Business and Professions Code restricts the enforceability of non-compete clauses, protecting employees’ rights to seek employment freely. Furthermore, federal laws like the Equal Employment Opportunity Act and the Americans with Disabilities Act (ADA) offer additional layers of protection against discriminatory practices. Employees are encouraged to review their contracts carefully and seek legal advice if they encounter any unfair terms or discriminatory clauses.
Understanding your rights and the protections available is crucial. If you believe your employment contract contains unfair or discriminatory terms, consider consulting with a legal professional. The Law Offices of Todd M. Friedman, P.C. specialize in employment law and can provide the guidance you need. For more information, click here to schedule a consultation.
How Can an Employment Lawyer Help You?
An employment lawyer works to protect employees’ rights by ensuring employers follow federal and state laws and regulations. If your employer acts illegally, you can sue them under the following laws:
- The Fair Labor Standards Act (FLSA) covers overtime pay and wages
- The Occupational Safety and Health Act (OSHA) provides the standards for a safe working environment
- The Employee Retirement Income Security (ERISA) protects employee benefits, including pensions
- The Family Medical Leave Act (FMLA) ensures workers get up to 12 weeks of unpaid leave every year in case of health issues
- The Equal Employment Opportunity Commission (EEOC) prevents discrimination based on factors outside the employee’s control, such as age, race, sex, or disability.
When To Hire an Employment Attorney in Los Angeles
If you feel your employer or a potential employer unfairly treated you during recruitment or at work based on various factors, you are entitled to sue them. You should contact an employment lawyer Los Angeles if you feel your employer acted unfairly or went against the law.
Your chances of receiving compensation are slimmer if you choose to represent yourself since employment law can be a tough road to navigate. However, having a workplace attorney present to walk you through the procedure and answer your question helps.
An experienced attorney will help you build a case within the statute of limitations to ensure you have a shot at getting compensated for any violations by your employer. They will also offer guidance throughout the process, especially if you’re still employed.
Has Your Employer Wronged You? Our Los Angeles Employment Attorneys Can Help
Issues in your workplace can be stressful and challenging to handle. Always talk to your human resources manager first if you find yourself a victim of discrimination or in case of a violation of employment law. If your HR fails to resolve the issue, the next step is to get in touch with an employment attorney Los Angeles.
If you feel your livelihood is under threat due to your employer’s or colleague’s actions, you can rely on the Law Offices of Todd M. Friedman, P.C. for help. We will offer you the aggressive representation you need to win in court. To learn more about the types of claims we can help you with, see:
- COVID-19 Employment Law Issues
- Hostile Work Environment Attorney Los Angeles
- Lawyer for Unpaid Wages
- LGBTQ Discrimination Lawyer Los Angeles
- Los Angeles Age Discrimination Lawyer
- Los Angeles Disability Discrimination Attorney
- Los Angeles Employment Contracts Lawyer
- Los Angeles FMLA Attorney
- Los Angeles Gender Discrimination Lawyer
- Los Angeles Whistleblower Attorney
- Los Angeles Workplace Discrimination Attorney
- Misclassification
- Religious Discrimination Lawyer Los Angeles
- Retaliation Lawyer Los Angeles
- Sexual Harassment Attorneys
- Wrongful Termination Lawyer Los Angeles
- Understanding Workplace Sexual Harassment Of Males
Not sure you have a case? Talk to us. We offer free initial consultations to anyone looking to learn more about their options. You can take advantage of this opportunity to talk to a knowledgeable and experienced attorney who can clarify your situation and walk you through any issues you may have.
Los Angeles Employment Attorney: Free Consultation
If you are ready to take action against unfair workplace conduct, protect your rights and wages, and hold your boss accountable, reach out to us today to consult for free consultation with an employment lawyer in Los Angeles.
Employment Law FAQs
What rights do employees have in California?
Employees in California have certain rights, including but not limited to:
Minimum wage protection
Overtime pay for working more than eight hours in a day or 40 hours in a week
Meal and rest breaks
Protection against discrimination and harassment
Family and medical leave
Protection against retaliation for reporting illegal activities or workplace violations
Paid sick leave
Workers’ compensation for work-related injuries or illnesses
Please note that this is not an exhaustive list, and there may be additional rights and protections depending on the specific circumstances and employment agreements. It is always recommended to consult with a legal professional for accurate and up-to-date information.
We also have an informative blog post on this topic you may want to review.
Can I sue my employer for not giving me breaks in California?
I am not a lawyer, but in California, employees generally have the right to meal and rest breaks according to the state’s labor laws. If your employer has consistently denied you these breaks, you may want to consult with a legal professional to understand your rights and explore possible legal actions.
We also have an informative blog post on this topic you may want to review.
What are my rights as a salaried employee in California?
You have several rights as a salaried employee in California, including minimum wage protection, meal and rest breaks, overtime compensation, and protection against discrimination and harassment.
Is California an employee friendly state?
Yes, California is generally considered to be an employee-friendly state due to its strong labor laws that provide numerous protections and benefits to employees.
What is the employee Protection Act in California?
The employee Protection Act in California is a law that provides various protections for employees in the state, including provisions related to minimum wage, overtime pay, meal and rest breaks, discrimination and harassment prevention, family and medical leave, and other labor rights.
What is the California employee privacy Act?
The California Employee Privacy Act (CEPA) is a legislation that aims to protect the privacy rights of employees in California. It imposes certain requirements on employers regarding the collection, use, and disclosure of employees’ personal information.
We also have an informative blog post on this topic you may want to review. We also wrote a whitepaper addressing employee privacy rights.
What are the EEO laws in California?
The Equal Employment Opportunity (EEO) laws in California prohibit workplace discrimination based on factors such as race, color, national origin, ancestry, religion, sex (including pregnancy), age, disability, genetic information, and sexual orientation. Employers must provide equal employment opportunities and fair treatment to all employees and applicants.
How do I know if I was wrongfully terminated?
If your firing violated any terms in your contract, was retaliation on your employer’s end for whistleblowing, or was due to discrimination, you were wrongfully terminated and can sue your employer.
What is workplace discrimination?
Workplace discrimination exists when an employer treats an employee less favorably due to factors based on their color, religion, gender, or disability. Please visit our Workplace Discrimination page to find more information on California workplace discrimination.
Los Angeles employment attorney Todd M. Friedman provides free consultations.
Is pregnancy discrimination legal in California?
Under both federal and state law, an employer is prohibited from discriminating against women based on pregnancy and is required to make reasonable accommodations for their pregnant employees.
Please visit our Workplace Discrimination page to find more information on California workplace discrimination.
Los Angeles employment attorney Todd M. Friedman provides free consultations.
If I sue my employer for harassment, will I still have a job?
You can sue your employer and still retain your job. Under federal and state laws, employers are prohibited from retaliating against employees who file lawsuits against them.