Mission Viejo Employment Lawyers
The skilled Mission Viejo Employment Lawyers at Bisnar Chase have experience handling tough employment law issues.
There are a number of struggles that employees have to deal with on a daily basis. Facing discrimination at the workplace should not be one of them. Anyone who believes that they were mistreated at the workplace would be well advised to discuss their situation with an experienced Mission Viejo employment attorney.
Bisnar Chase's mission statement is: "To provide superior client representation in a compassionate and professional manner while making our world a safer place."
Our Southern California injury lawyers have helped clients recover over $500 Million dollars in compensation for clients who have been wrongfully terminated. Our passionate legal group believes that you deserve to be compensated for the pain and suffering you have faced.
If you or someone you know has been wrongfully terminated in the workplace contact the law office of Bisnar Chase. Upon your call, you will receive a free consultation. Call 949-203-3814.
Wrongful termination involves a key element of unfairness, but the focal point of wrongful termination lies in if the employer violated any statutes or regulations. Since California is an at-will state, an employer can dismiss a person for any reason. Although California is categorized as an “at-will” state, if there is enough evidence to prove that an employee was terminated due to their race, gender, sexual orientation etc. this can be grounds for a wrongful termination suit.
At times employees do not feel as though they have a strong enough case because there is not any physical evidence such as emails, texts or witnesses. There are different courses of action one can take if there is not a sufficient amount of substantial proof.
- Timeline: A timeline of events will prove whether you were terminated because you filed a complaint among HR. For instance, if you claimed that your supervisor was making racist remarks directed towards you and your employment is quickly terminated after that claim, this can be used as evidence against the company.
- Me Too: If a person who was wrongfully terminated gathers other former employees to testify that the same action took place with them as well, this can be solid evidence for an unfair dismissal. For example, if an employee claims sexual harassment and then other employees come forward and claim the same, this can strengthen the case.
Understanding Your Rights as an Employee
Employers must adhere to the Title VII of the Civil Rights Act of 1964. If an employer obtains 15 or more workers under their employment they must not fire or terminate someone on the basis of their:
- Sexual Orientation
An employee does not need to be dismissed in order to file a suit. If a worker becomes exempt from benefits, wages, promotions or projects because of the above aspects an employee can file a labor lawsuit. There are ways to prove that your employer is violating the Title VII of the Civil Rights Act of 1964. Having direct evidence such as witnesses, emails or verbal comments can increase your chances of gaining compensation. Confirming circumstantial evidence is difficult but if proven it can better your argument.
Sexual harassment in the workforce has been classified to be a type of discrimination. This issue can result in an employee under performing in their position and the employee can experience a multitude of stress and fear. According to the (EEOC) sexual harassment is categorized to be any unwanted sexual behavior or proposals.
There are two forms of sexual harassment:
Quid pro quo: This type of harassment is when an individual at a higher position, such as a manager, threatens to fire an employee if they do not perform the desired sexual actions.
Hostile work environment: Consistent inappropriate verbal or physical sexual conduct such as sexual remarks, touching or revealing pornographic material is grounds for a hostile work environment.
Unfortunately, sexual harassment is not always reported. Studies show that 87%-94% of employees who have undergone some form of sexual harassment do not report it. Fear of retaliation is the main factor in not reporting the inappropriate conduct. If you or someone you know has experienced sexual harassment in the workplace it is strongly suggested that you seek legal representation from a Mission Viejo employment lawyer.
There are a number of state and federal statutes that prohibit discrimination against people with disabilities. It is against the law for employers to base decisions regarding hiring, salaries and terminations on someone’s disabilities. The protections provided to individuals dealing with a disability are specified under the Rehabilitation Act and the Americans with Disabilities Act.
The Rehabilitation Act of 1973 prohibits discrimination based on an individual’s disability. This includes schools and other institutions that receive federal funding. In 1990, congress enacted the Americans with Disabilities Act, which enhanced these protections. This act specifically makes it illegal for private employers, government entities, employment agencies and local unions to discriminate against qualified individuals. Employers are prohibited from discriminating against someone with a disability when they:
- Make decisions regarding promotions
- Give job training
This act does not, however, cover job applicants and employees in all businesses. The Americans with Disabilities Act (ADA) specifically covers workers at businesses with 15 or more employees. There are a number of other potential exemptions as well.
What is Whistleblowing?
Unfortunately there has been many employment lawsuits in the United States. In one year there had been over $525 million dollars accumulated in settlements from employment discrimination suits. For the majority of time employees who have been discriminated against are usually the people filing the suit.
Not always though is an employee fired due to their religion, sex or race. Whistleblowing is the act of an employee reporting illegal activity that their supervisor is participating in. If the employee is fired after the report has been fired, this is grounds for a wrongful termination. There are laws set in place to protect whistle blowers.
Whistleblowers protected by federal laws: An employee may be protected on a national level if the worker can prove that there are security and health codes are being violated. For example if an employee witnesses a supervisor instructing workers to dispose of toxic waste into a National park river, this is a violation of the law.
Whistleblowers protected by state laws: If an employer dismisses a worker, after he/she has reported an illegal act the employee can be re-hired. When the employee is re-instated regain their position, benefits and lost wages. Now, California also fines and gives legal repercussions to anyone who aided the supervisor in the illegal act. Managers or supervisors who have violated any California state laws can face up to 1-year in prison or a fine from $1,000-$5,000 dollars.
Superior Orange County Labor Lawyers
The skilled Mission Viejo Employment Lawyers at Bisnar Chase have experience handling employment law issues that do not involve discrimination as well.
For example, individuals would be well advised to speak with an employment attorney to represent employees if they believe that their employer has failed to pay them for overtime. There are some exceptions to the rule, but in general, employees who work over eight hours a day or over 40 hours a week are eligible for overtime pay.
The employment attorneys of Bisnar Chase have been serving the Mission Viejo victims of wrongful terminations for over 40 years. Our lawyers have held a 96% rate and understand that being wrongfully terminated can take a mental and financial toll on a formal employee. Our law firm also specializes in practices areas such as wrongful deaths, car crashes and defective products.
Please call us at 949-203-3814 or contact us to obtain professional legal advice.
Bisnar Chase Personal Injury Attorneys
1301 Dove St. #120
Newport Beach, CA 92660