Employees become the victims of workplace violations and mistreatment every day. They might not be paid for all of their hours, denied meal or rest breaks, or discriminated against. When this happens, you need a top-rated San Bernardino employment lawyer on your side.
Whether your case involves unacceptable workplace conduct by a boss or colleague, or your employer mistakenly or deliberately denying your legal rights, Bisnar Chase can help.
The Best Employment Law Firm Near You in San Bernardino
Bisnar Chase is an award-winning law firm that handles cases across California. While part of our team focuses on personal injury claims in San Bernardino, we have a dedicated employment and labor team that specializes in helping workers.
- We have a 99% success rate.
- Over $1 billion recovered for our clients.
- A dedicated team for employment cases.
- Offices based in San Bernardino and Riverside.
- Offering a free consultation and working on contingency – no win, no fee.
If you think you might have a case, get in touch with our experts for your free consultation. You have nothing to lose and everything to gain. Call (909) 253-0750, send us an email, or use our 24/7 website live chat.
Legal Resources for Labor Cases in San Bernardino
What Employment Cases Do We Handle?
Many potential workplace violations can qualify for legal action, and we take on most of them. Some of the most common cases we handle include:
- Unpaid Wages: Wage theft is when an employer withholds wages or fails to pay employees for all of their time worked.
- Meal and Rest Breaks: Employers must give their workers a lunch break of at least 30 minutes before the end of their fifth hour worked. Employees are also owed one uninterrupted 10-minute break for every four hours worked.
- Hostile Work Environment: A hostile work environment is usually the result of harassment, discrimination, or abuse, which creates an unreasonable work environment.
- Wrongful Termination: Even at-will employees can have a case for wrongful termination in some cases. If the dismissal violated the terms of employment, was based on protected class discrimination, or was an act of retaliation, they may have a case.
- Overtime Violations: California has strict overtime rules. Overtime begins after eight hours worked in a day or 40 hours worked in a week. Your employer must compensate time worked beyond those hours at a higher rate.
- Class Actions: When more than one employee is experiencing the same grievance, they may join forces to file a joint class action employment lawsuit.
Many of the cases we take on involve wage and hour violations, where the employer doesn’t pay the full wages owed to our clients, or forces them to work beyond their legally accepted hours.
We are proud to handle a wide range of cases, and we encourage you to contact us to see if we can help.
The legal process is complex, and there are no guarantees. We never make false promises, and we will need to hear more about your case circumstances before telling you what to expect.
However, the best way to improve your chances of success and maximize your compensation is to work with the best employment attorneys in your area. Bisnar Chase is a nationally renowned law firm with an outstanding track record. Contact us today and let us get to work on your case.
Protected Classes
California law has a list of characteristics that are known as ‘protected classes’ in employment discrimination cases.
It is illegal to harass, terminate, or discriminate against an employee based on any of the following protected classes:
- Age (40 or older)
- Religion
- Mental or physical disability
- Color
- Gender
- Sex (including conditions related to pregnancy and childbirth)
- National origin, language, or ancestry
- Marital status
- Gender identity and expression
- Sexual orientation
- Military or veteran status
For example, it is illegal for a boss or co-worker to harass an employee due to their religion or the color of their skin. It is also unlawful to fire or demote someone based on their age.
Workplace discrimination involving these protected classes could be subject to legal action. If you believe you may have a case based on a protected class, contact our team at Bisnar Chase for a free case evaluation.
Important California Labor Laws
We use the laws set out under the California Labor Code to hold employers accountable and protect the rights of our clients. Some of the key laws include:
- Labor Code Section 510 – Overtime Pay
- Labor Code Section 512 – Meal Periods and Rest Breaks
- Labor Code Section 2802 – Business Expense Reimbursements
Under these laws, employees are owed specific breaks depending on their hours worked, minimum wages, increased pay rates for overtime, and full reimbursement for business expenses.
Some federal guidelines that may also apply to employees nationwide include:
- Fair Employment and Housing Act (FEHA)
- Family Medical Leave Act (FMLA)
- National Labor Relations Act (NLRA)
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
Contact us for more information on the laws specific to your case.
What is Your Labor Case Worth?
The compensation you could recover will depend on your case. It will hinge on the severity and period of the offense, as well as the financial and emotional impact on the victim.
Some of the factors that we can recover compensation for include:
- Back pay for work that was completed but not fully compensated.
- Compensation for lost bonuses and unpaid wages.
- Compromised future earnings.
- Penalties against the employer.
- Damages for emotional harm caused.
If you have worked without full compensation, been denied break or lunch times, failed to be fully compensated for business expenses, or been unfairly treated at work, we will fight for the maximum possible compensation for you.
What Evidence Do You Need of Workplace Violations?
It can be so important to the success of your case to document any evidence of wrongdoing in the workplace. The type of documentation you might be able to collect will depend on the nature of your case. It could include:
- Texts, emails, and other correspondence: You should save any messages related to the issue between yourself and your employer or supervisor. For example, if your boss emails or sends you a message on Slack or Teams asking you to work through lunch, or implying that you should work late without approving overtime pay, evidence of the messages will be important to your case.
- Paystubs and tax documents: You will need copies showing an official record of your hours worked and your compensation, whether the record displays wrongdoing or differs from what really happened.
- Eyewitness accounts: If any of your coworkers witnessed any actions against you or were similarly affected by the employer’s behavior, you should ask them to write down a first-hand account of what happened.
- Internal documentation: You should request a copy of any documentation relating to your performance. This could include an annual performance evaluation or records of any disciplinary proceedings.
We advise keeping anything that documents your situation at work if something doesn’t feel right. Having this kind of evidence to support your case will be extremely helpful in securing the best possible result.
Our team at Bisnar Chase will assess the evidence, source anything else required, and build your case. Contact us today for a free consultation.
Can Undocumented Workers File an Employment Violation Claim?
Yes – even if an employee is an immigrant without legal authorization to work in the United States, they still have rights in the workplace and can take legal action if those rights are violated.
In many cases, undocumented workers fail to take any action, even if their employers mistreat them at work. There are a few common reasons for this.
- The worker does not know that the actions against them are illegal.
- They are scared of losing their job if they complain.
- They don’t know that undocumented workers can file employment lawsuits or actions.
We completely understand why undocumented workers are fearful of filing a claim because they might not want to lose their jobs or expose their undocumented status. However, they do have some protection.
California has laws that prevent employers from mentioning the undocumented status during the case or asking about it during discovery or depositions.
But we also understand that these are uncertain times, and there are still some risks to undocumented workers when filing a lawsuit. In addition, their undocumented status can impact the amount of money they can recover in some situations.
We advise all workers to contact us to find out if they have a case. There is no risk in consulting with us. We will give you our honest advice, and you will not be locked into anything.
What is At-Will Employment?
At-will employment is a standard term of most working positions in California. In general, it means that an employer can terminate a member of their staff for any reason, as long as it is not illegal. In fact, they don’t need a reason. They can terminate an employee for no reason at all under the at-will employment status.
The law goes both ways. An employee can also quit their job at any time without giving a reason. In many instances, they can also move on without giving notice, depending on their contract or agreement.
Under the terms of at-will employment, an employer does not have to provide “just cause” before firing someone.
How Does At-Will Employment Affect Wrongful Termination Claims?
At-will employment agreements give employers broad leeway to fire workers as they see fit. However, they cannot terminate a worker for an illegal reason.
For example, it is illegal to fire someone based on discrimination of a protected class (due to their age, color, religion, sex, etc.). It is also unlawful to terminate workers in retaliation for certain actions or whistleblowing on company actions.
There are also some exceptions, such as if an employee’s contract or communication with their company states or implies a higher degree of job security.
At-will employment gives employers a lot of power. But if you think your employer might have acted illegally in terminating your employment, you may still have a case. Contact us and let our team investigate for you.
Holding Employers Accountable
There are two key reasons for filing a claim against your employer or former employer.
The first is for financial compensation. No worker should be forced to work through breaks or left out of pocket by their employer, without full compensation for the hours they have worked.
A successful claim or lawsuit will secure back pay and other compensation to ensure the employee is made whole.
But another important reason for filing a claim is to hold the employer accountable. They are in a position of power and often try to take advantage of their staff, maximizing profits without enough care for the rights of their employees.
A legal claim will hold the employer accountable for those decisions. It might result in negative press for the company, or simply force them to improve conditions for current and future employees.
San Bernardino Employment Lawsuit FAQs
Many people are a little hesitant to take legal action, especially in employment cases. It can be daunting to take on companies that might have significant resources behind them.
Our team is here to answer any questions you might have and put your mind at ease.
What should I do if I suspect my employer is acting illegally?
Don’t leave anything to chance or allow your employer to exploit you. Collect any evidence related to the conditions and contact Bisnar Chase as soon as you can. Our consultation is free, and you are not committing to anything by calling us.
How long will an employment case in San Bernardino take?
The time it takes us to resolve a case will depend on the circumstances. It will depend on the complexity of the case, whether the employer admits wrongdoing, and whether it is settled or goes to trial. Be wary of attorneys who just want to settle quickly to get a case off their books – they may be leaving money on the table. At Bisnar Chase, we strike the right balance. We want to get the case resolved quickly for you, but we put the time in to ensure you get the compensation you deserve.
Will you have to face a current or ex-employer in court?
If your case progresses to a trial, there is a chance that you will have to face your current or former employer in court. However, most cases are settled before going to court. Whether you come face-to-face with your employer or not, our team will be by your side every step of the way to support you and navigate through the legal process.
Contact the Best San Bernardino Employment Attorneys Near You
Bisnar Chase is a top-rated law firm with a dedicated employment department. Our team has an outstanding track record in holding employers accountable for their actions.
In too many cases, we see large companies try to take advantage of their staff. But we do everything in our power to ensure workers in San Bernardino and across California are treated fairly and fully compensated by their employers.
Whether you have been forced to work overtime without full pay or denied your legal meal breaks, we are here to help. If you are unsure whether your experience might qualify for a legal case, just give us a call.
Our experts will be happy to listen and provide guidance, free of charge. If you sign with Bisnar Chase, you will be represented by the best. We have a 99% success rate with more than $1 billion recovered for our clients.
Contact our San Bernardino employment lawyers today for a free consultation. Call (909) 253-0750, send us an email, or use our website live chat 24/7. We are here to help and look forward to hearing from you.
Ian Silvers
Ian Silvers is a partner and trial lawyer at Bisnar Chase, specializing in wage and hour violations and workplace violation class actions. He is dedicated to supporting workers and fighting for employee rights in California.
Serving California Since 1978
Bisnar Chase is a top-rated personal injury law firm with a national reputation. The firm has been in business since 1978 and has represented thousands of clients. Based in Newport Beach and with offices across California, Bisnar Chase has recovered over $1 billion in settlements and verdicts, emphasizing superior client representation above all.
