If you believe you have been released from your job for wrongful reasons, call the law firm of Bisnar Chase now at 949-203-3814 for a free consultation. Our Anaheim employment lawyers will work diligently on your case to deliver justice.
The law offices of Bisnar Chase have been representing employees who have suffered from workplace and employer violations for more than 46 years. We handle various employment law cases, from wrongful termination and discrimination to wage and hour complaints.
Contact an Anaheim employment law attorney immediately if your employer has subjected you to unfair or illegal conditions, whether in or around Anaheim or elsewhere in Orange County.
Anaheim Employment Law Attorneys
Common Types of Harassment in the Workplace
Harassment in a work environment is classified as any unwelcomed behavior that an employee has experienced. Many employees go without notifying someone of the abuse because they fear that they will be terminated or fear that the harassment will only worsen if reported. At times, some workers do not even realize they are being harassed.
Although this type of harassment has been popularized amongst teenagers on social media, this type of behavior has also emerged in the workplace. Boundaries of what is appropriate online have been blurred, and it can be difficult for employees to detect.
If you feel as though your boss or co-worker has harsh undertones in an email or on social media (Twitter, chat rooms, Facebook) this can be considered cyberbullying. Other examples of cyberbullying can include threatening emails, comments about you on a social media site, or spreading rumors and lies through online chats at work.
Abuse of power
An employee taking advantage of a worker in many ways is abusing their power. A supervisor abusing their power can use favoritism, demanding that an employee take on personal tasks, and financial malfeasance.
Where should an employee file a complaint if their superior is taking advantage of them? You can contact the human resources department of your company, or if you do not feel comfortable, you can always file a claim with the Equal Employment Opportunity Commission or seek legal help from a professional who specializes in employment law.
Quid pro quo
The term quid pro quo in Latin means “something for something.” An example of this may be if a supervisor explains that if an employee were to perform a sexual act with them, they would be granted a raise or promotion for doing so.
Quid pro quo does not only involve sexual proposals, though. If a manager offers a promotion or higher pay to cover up or keep quiet about any illegal activity, this is also classified as quid pro quo. This evolves into harassment when an employer retaliates if the employee refuses to perform the acts.
Third-party harassment is when a party, such as a sponsor of the company or a supplier of another company, harasses a worker. Employees have the right to file a claim against someone who does not directly work for the company.
If a person who “works with” the company as opposed to being employed by the company is harassing a worker, an employment dispute claim can be filed against them.
Verbal harassment can happen privately between two employees but can also be done in front of a group. If you are being harassed verbally, you may be dealing with an employee or employer calling you names, using vulgar language when speaking to you, raising their voice at you, insulting you, making jokes at your expense, or using racial slurs to address you.
If you are experiencing any of these incidents, report them to the human resources department of your company immediately. Also, keep track of any witnesses or emails showing this abuse so you may present it to a labor law attorney as evidence later on.
If you believe you have been a victim of workplace abuse, contact our Anaheim employment lawyers for a free case evaluation. Call 949-203-3814.
Employees Let Go "At-Will" In California
Most workers in California are considered “at-will employees.” This means that they can be let go at their employer’s discretion at any time for a legitimate reason.
Workers who are not considered “at-will” include union employees and employees who are under contract for a specific duration of time.
All other employees will not have the opportunity to hold their employer accountable for their termination unless wrongdoing is involved.
Retaliation and Wrongful Termination Lawsuits
A wrongful termination case can also involve retaliation for a former employee’s “whistle-blowing” actions.
All employees in California have the legal right to report safety concerns and violations at their workplace. Employers cannot take action against employees simply because they exercise their right to report wrongdoing at their workplace.
Examples of whistle-blowing could be mistreatment in the workplace, harassment, or safety violations.
If the employer finds out which employee reported the issue, they cannot legally let that employee go based solely on the report. Contact an Anaheim wrongful termination lawyer if you believe that your employer fired you in retaliation.
The Difference Between Workers Compensation and Filing a Lawsuit
Workers Compensation is a form of insurance that employers buy to aid their employees when they have fallen ill or have been injured. If you are given worker’s compensation, you are technically giving up the right to sue your employer if you are hurt on the job.
Workers’ compensation is a “no-fault system” and can be tricky to tackle.
You can, however, sue your employer if you have experienced the following:
- Someone at work has threatened Physical Abuse, such as being hit by somebody or you
- Inflicting Emotional suffering
Discrimination at Work
There are many forms of workplace discrimination, and all of them are illegal. Do you believe you were let go not because of your performance at work but because of your age? This is known as age discrimination.
Have you and other workers been let go because of your race or ethnicity? Race discrimination is not only morally wrong, but it is also illegal and punishable by law.
Do you believe that you were let go because of your gender identity or sexuality? Do you have reasons to believe that your employer let you go due to the religion or spirituality that you subscribe to?
All these forms of discrimination can land your former employer in hot water if found guilty in a court of law.
In addition, if you have religious obligations outside of work, your employer must comply with these obligations, which can also get your former employer in a lot of trouble.
To discuss your case, call our Anaheim employment law attorneys today for a free workplace consultation. Call 949-203-3814.
Sexual Harassment in the Workplace
The Huffington Post reported that one in three women has been sexually harassed in a work environment. The study also revealed that women ages 18–34 are the most common ages that women experience being sexually harassed.
The EEOC (Equal Employment Opportunity Commission) has determined sexual harassment to be anything that goes against Title VII of the Civil Rights Act of 1964.
Sexual harassment can include:
- Uninvited sexual advances
- Presenting a desire for sexual favors
- Displaying explicit or unwelcome sexual behavior
What Do I Do If I Have Been Sexually Harassed?
Being harassed can not only tremendously affect your emotional state negatively, but it also prevents others from speaking up as well. One could take measures to provide some kind of relief when filing a sexual harassment suit in the workplace.
Document the Act or Verbiage Used In the Situation
When filing a sexual harassment claim, it can easily turn into a “he said, she said” situation. Reporting specific verbiage and actions that you experienced in the situation can immensely help your case. Also, it is suggested that you document any witnesses to the scene.
Write Down Your Conversation With Human Resources
It is important to jot down what was talked about in your meeting with HR. The reason being that if HR for some reason did lose or discredit any information with statements such as the “she never told me that” or “the employee didn’t specify the extent of the harassment” you have documentation as your alibi.
Speak to an Employment Lawyer
If you do not feel as though your Human Resources department is managing the situation to your satisfaction, it is strongly advised that you take legal action. Your employment law attorney will also determine if you even have a case. If you don’t, if the situation occurs again, she/he will advise you on what actions to take next time.
California Employee Rights
In California, employees have various rights protected by state and federal laws. These rights cover multiple aspects of employment, including wages, working conditions, discrimination, and more. Here’s an overview of crucial employee rights in California:
1. Minimum Wage: Employees are entitled to the state minimum wage, which is higher than the federal minimum and varies depending on the employer’s size.
2. Overtime Pay: Non-exempt employees are entitled to overtime pay for hours worked over 8 in a day or 40 in a week and for the first 8 hours on the seventh consecutive day of work in a workweek. Overtime is paid at 1.5 times the regular rate and double time for hours worked beyond 12 in a day or beyond eight on the seventh consecutive day in a workweek.
3. Meal and Rest Breaks: Employees are entitled to rest breaks and meal periods. Typically, a 10-minute rest break is required for every 4 hours worked and a 30-minute meal break for work periods of more than 5 hours.
4. Safe Workplace: Employers must provide a safe and healthy workplace. The California Occupational Safety and Health Act (Cal/OSHA) sets standards for workplace safety.
5. Discrimination and Harassment Protection: Employees are protected from discrimination and harassment in the workplace based on race, color, national origin, ancestry, sex, pregnancy, religion, physical or mental disability, age, marital status, sexual orientation, gender identity or expression, veteran status, or genetic information.
6. Family and Medical Leave: Eligible employees have the right to take unpaid, job-protected leave for specified family and medical reasons, with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
7. Pregnancy and Parental Leave: California provides rights for pregnancy, childbirth, and related medical conditions, as well as parental leave to bond with a new child.
8. Whistleblower Protections: Employees are protected from retaliation for reporting illegal activities or violations of regulations in the workplace.
9. Privacy Rights: Employees have rights to privacy in certain areas, such as personal belongings and specific records.
10. Workers’ Compensation: Injured employees are entitled to workers’ compensation benefits.
11. Paid Sick Leave: Employees in California are entitled to paid sick leave.
12. Final Paycheck: Employees are entitled to receive their final paycheck within a specific time frame after employment termination.
13. Unemployment and Disability Insurance: Eligible employees have the right to unemployment and disability benefits.
14. Right to Refuse Work: Under certain conditions, employees can refuse to do work that violates a legal standard or poses a real and apparent hazard to health and safety.
15. No Retaliation: Employees are protected from retaliation for exercising their rights under employment laws.
It’s important to note that some rights may vary based on the specific circumstances of your employment, such as the type of job, the employer’s size, and whether a union contract covers the employee.
Employees who believe their rights have been violated may file a complaint with the appropriate state or federal agency or seek legal counsel from Anaheim employment law attorneys.
What to Do if You Are Wrongfully Terminated
It is important that you stay calm and keep your composure while being let go. Even though you may feel angry and emotional, it is important that you do not do or say anything that you will regret later.
Were you offered a severance package? It may be in your best interest to have the terms put in writing. It may not be in your best interest to accept your employer’s first offer.
If your employer suggests you resign instead of being terminated, please do not do so. If you resign, you could risk losing your chances of receiving unemployment benefits.
If you believe that you have been let go not for financial reasons or for performance reasons but because of your age, race, sex, gender, or sexual orientation, it may be in your best interest to call the Anaheim employment workplace lawyer at Bisnar Chase.
Top-Rated Anaheim Employment Law Attorneys
Sometimes, the only option a wronged employee has for justice and compensation is a lawsuit against his or her former employer. The claimant will have to prove that he or she was let go for wrongful reasons and that the employer violated the law in some way.
The knowledgeable Anaheim employment lawyers at Bisnar Chase can help you and other victims, determine if their rights were violated and if compensation is available for their lost wages and other damages.
A skilled harassment lawyer can assess the circumstances of the case and help the wronged employee determine his or her best course of action.
We are passionate about upholding the rights of Orange County workers, and our workplace lawyers specialize in multiple practice areas. If you have been wrongfully terminated from your job, please contact us for a free, comprehensive, and confidential case review.
Call us now at 949-203-3814 for a free consultation.