Costa Mesa Employment Attorneys
The Costa Mesa Employment Lawyers of Bisnar Chase have been representing employees who have been wronged in the workplace for over four decades. We believe that employers who discriminate, harass or wrongfully terminate a person's employment should be held accountable.
The Law Firm of Bisnar Chase has won over $650 million in compensation for injury victims who have experienced lost wages, medical bills and pain and suffering due to a workplace incident.
Call the Orange County Law Group of Bisnar Chase today for a free consultation at 949-203-3814 on your employment law claim.
Common Costa Mesa Employment Law Questions
The EEOC (Equal Employment Opportunity Commission) stated that in one year, 99,947 employment law claims were filed. Some of the claims involved sexual harassment, whistleblowing or discrimination. But those who have never made an employment law claim may not know where to begin.
Below are commonly asked questions about labor lawsuits:
A hostile work environment is any form of discrimination or unwelcome, offensive statements that have led an employee to feel uncomfortable. Intimidation can also be a form of hostility in the workplace. This type of behavior, in extreme situations, can affect an employee's work performance and emotional state of mind.
Yes. An employee can sue the employer even if the acts were unintentional. You and your Costa Mesa employment lawyer can prove that you experienced trauma in the work environment by receiving written documentation from therapists, psychiatrists or counselors confirming your pain and suffering.
A wrongful dismissal involves an employer breaching a worker's contract. The termination breached either a contract or an employment law. California is an "at-will" state which means that an employer can terminate your employment for any reason. You can still file a lawsuit if you believe that you were fired under illegal circumstances.
Employment law settlements vary from person to person. There is not an exact dollar figure assigned to this type of lawsuit. To determine an estimate of what you may receive for your employment claim seek legal advice from an experienced trial attorney.
If you believe that you have been a victim of any type of discrimination or have experienced hostility in a work environment contact the Costa Mesa employment attorneys of Bisnar Chase immediately. When you delay hiring legal representation, this can, later on, affect your case. Call our law offices at 949-203-3814 for a free case analysis.
Orange County Employment Law Cases
Orange County has had its share of employment law cases. Employment law is associated with an employee and an employer's work relationship. There are standards and boundaries that are placed in a work setting to ensure safety and productivity. Below are incidents where an employer has failed to regulate a safe work environment.
- Disneyland Resort employees sue: Disneyland Resort is facing a lawsuit filed on behalf of resort workers claiming that they have not been compensated enough for their labor. Plaintiff Kathleen Grace revealed to the Daily Beast that: “A lot of [workers] have to live in their cars, or on people’s couches, because they can’t afford the rent on that wage in the City of Anaheim. It’s really sad to see. A lot of times, they’re choosing to feed their families or put gas in their car to come to work.” Court documents stated that the theme park's workers were not paid overtime as well. It has been announced that Disneyland will try to amend these circumstances and better employees' environment by increasing wages to $15.00, providing benefits that will aid with child care and college tuition.
- Hooters sexual harassment lawsuit: A supervisor at a Hooters establishment in Costa Mesa had been sued on account of being sexually explicit with some of the food chain's employees. One of the two men that were sexually harassed by their boss shared with the courts that he was touched in inappropriate ways and during meetings, his boss would also be sexually outspoken towards him. It had also been noted that the superior "continually tried getting Mr. Cagnina to go skinny dipping with female employees." The plaintiffs stated that when they notified their superiors of what was occurring that they were met with retaliation, ultimately being fired. A settlement has been reached but the amount has not been disclosed.
Types of Costa Mesa Employment Law Claims
If you believe you have been overworked and have unpaid wages, contact Bisnar Chase's Costa Mesa Employment Lawyers today at 949-203-3814 for a free case analysis on your labor law claim. We have represented clients involved in an array of employment disputes including:
- Sexual harassment: Sexual harassment is classified as any unwelcome physical or sexual advances that an employee may experience. At times some employees may be overwhelmed or fear losing their job if they inform a superior about the inappropriate behavior that they are facing. There are laws though to protect an employee from work retaliation, which is illegal. It is also prohibited for an employer to ignore a worker when they make a complaint. The employer must investigate the situation thoroughly and act accordingly.
- Wage and hour: The state of California enforces strict labor laws to protect workers. Employers are to compensate employees in accordance with the amount of time they have worked and the amount that was agreed upon in their employment contract. Rest breaks and lunch breaks are also to be enforced by employers. California law requires employers to give workers two rest breaks and one thirty-minute lunch.
- Wrongful termination: There are several types of instances that can make the termination of your employment illegal. Some examples of an illegal firing include discrimination, breach of an employment contract, defamation or retaliation. It is also illegal to have what is known as a "constructive dismissal." A constructive dismissal does not mean that the employer directly fired an employee but intentionally acts in a behavior that would compel an employee to quit. Acts that are against the law when pressuring an employee to quit include pay cuts, harassment, demotions or dangerous working conditions.
- Whistleblower: The Whistleblower Protection Act safeguards any workers that reveal any unlawful acts which may include "a violation of law, rule, or regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety." One of the most common types of whistleblower incidents is health care fraud. Health care fraud involves a person being dishonest when submitting or allowing someone else to falsify information to obtain medical services for themselves or another individual. This is a commonality amongst people who can not afford health care insurance.
- Discrimination: All forms of discrimination in a work environment are unacceptable. These kinds of cases may involve discrimination based on race, sexual orientation, religion, gender and disabilities. Retaliation discrimination is the most frequent of the categories. It is a form of punishment if you acted in a legal way against your superior. Anyone facing any type of discrimination should seek the council of an experienced Costa Mesa employment law attorney.
The Process of Employment Class Action Lawsuits
A class-action lawsuit associated with employment law is when one or more workers files a claim against an employer. There is not a set amount of plaintiffs that should be included in the claim, there just needs to be more than one worker with the same claim. Depending on the size of the claim, it can take months or years to reach a settlement.
Many are unaware of the process of a class-action lawsuit. Below you will find the steps that you and your Costa Mesa attorney will take for your employment class action law claim:
- Filing the claim: Once you file a claim with the rest of the plaintiffs, you will then begin working with your attorney. The employer who you are suing has the opportunity to respond to the claim and is given a window of time to respond. If the employer denies the claim then the lawsuit can be taken to court.
- Discovery: The process known as discovery is very vital to an employment lawsuit. This procedure involves exchanging evidence that can be viable for the case. There are four kinds of discovery that can be used for a personal injury case which include interrogatories, requests for production of documents, requests for admission of facts and depositions. The discovery part of the process can be extensive and in many cases is the reason why most class action cases take longer to settle.
- Certification: The certification process of a class action lawsuit is when the court approves the lawsuit as a class action case. The courts have decided the best way to facilitate multiple claims against an employer is to group all the plaintiffs into one. The criteria to meet class action lawsuits can vary from state to state.
- Notification: When the employment lawsuit has been categorized as a class action lawsuit, plaintiffs will then be notified. Plaintiffs who do not wish to participate can "opt out" of the case. If you wish not to be part of the lawsuit then that is your right. If you do choose not to participate in the class action lawsuit then you will not be able to collect any compensation for your losses.
- Trial: Once the plaintiffs have been notified, the case will be submitted for trial. You want to have an experienced trial lawyer on your side. Trial lawyers differ from litigators in regards to their ability to make a strong argument in front of a judge, as well as having experience conducting in-court examinations. The trial attorneys of Bisnar Chase have over 40 years of experience winning compensation for workers, and represents clients in the Riverside, San Bernardino, Orange County and Los Angeles areas. Our lawyers have proven to have experience in the courtroom by sustaining a 99% success rate. We are well rounded in multiple practice areas, such as car accidents, dog bites and pedestrian incidents. Call our law office today 949-203-3814 for a free case analysis.
One key factor to note about severance packages is that not all employers provide this to a worker upon the termination of employment. This means that many employees are not entitled to severance pay.
Frequently, employees are not aware that if they are offered a severance package they can negotiate the amount. Elements that can potentially affect the amount of severance pay that you receive would be your position, how long you were with the company and how many workers are employed by the company.
You can also receive severance packages in different forms instead of a large monetary sum. You can ask your employer to pay off a medical bill or you can even request to keep something such as a laptop from the company.
Our Costa Mesa Employment Lawyers Will Protect You
If you or a loved one has been discriminated against by a potential, current or former employer, the experienced Costa Mesa employment lawyers at Bisnar Chase can help you better understand your legal rights and options.
Please call us at 949-203-3814 or contact us for a free and comprehensive consultation.
Contact our Orange County law offices today for free legal advice for your Costa Mesa employment law claim.