Santa Ana Employment Lawyers
The Santa Ana employment lawyers at Bisnar Chase are dedicated to helping wronged workers protect their rights and secure fair compensation for their losses. We have more than 35 years of protecting the rights of those who have been victims of negligence or wrongdoing on the part of others – be they individuals, entities or large corporations. Our Santa Ana personal injury attorneys have a comprehensive understanding of the protections and safeguards state and federal laws offer to workers in Santa Ana. If you have experienced harassment, retaliation or or unfair treatment at work, call us at (800) 561-4887 for a no-cost, no-obligation consultation.
Our attorneys handle a number of employment cases including but not limited to fair severance, hostile work environment, sexual harassment and wrongful termination.
Fair Severance Pay
Severance agreements spell out the terms for the end of an employee's relationship with an employer. Typically, the agreement will state a set amount of compensation to be paid to the employee when he or she leaves the company. This payment may include a set amount of wages, unpaid vacation time, bonuses, commissions or other types of compensation. If you have been let go from your job, or laid off, talking about fair severance pay with your employer could be intimidating. However, if you are not clear or don't agree with the severance agreement, do not sign it. Do not be pressured to give up your rights.
When there is no specific contractual obligation or an employment policy, California employers are not required by law to provide severance pay. However, there are a number of factors that could affect the amount of money or level of benefits that you could receive from your employer as part of your severance pay. Some of the factors that might affect your severance pay include the amount of time you've served with the company, your seniority, the size and profitability of the company and the circumstances under which your employment was terminated.
Even though you may not be able to negotiate the amount of severance pay your employer offers, you may be able to do so for other non-monetary benefits such as continued medical and dental benefits, a favorable letter of reference and retention of company property such as a laptop or cell phone.
Hostile Work Environment
A hostile work environment occurs when an employee experiences harassment in the workplace to the extent where the offensive, intimidating, abusive or oppressive behavior creates an intolerable work environment. The conduct is also considered hostile when it interferes with a worker's ability to perform his or her job. Often, a hostile work condition could result from workplace harassment due to a person's race, religion, color, gender, disability or age. All of these types of harassment are illegal.
If you are being subjected to any unlawful employer behavior because of your age, race, gender, sexual orientation, disability, religion, national origin, pregnancy, etc. you may be able to seek compensation for your losses by filing an employment lawsuit. If you are facing consistent hostile behaviors that are pervasive and continue over time and disrupt your ability to perform your job duties or interfere with your career progress, your employer may be in violation of California and federal laws.
It is unlawful under state and federal laws to harass a person because of his or her sex. Sexual harassment refers to unwelcome sexual advances, requests for sexual favors or other verbal or physical harassment of a sexual nature. Harassment does not necessarily have to be of a sexual nature and could include offensive remarks about a person's sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both the victim and the harasser could be either a man or a woman and the victim and harasser could be the same sex.
The law does not prohibit simple teasing, offhand comments or isolated incidents. However, harassment is illegal when it is so frequent or severe that it creates a hostile work environment or when it results in an adverse employment decision such as the victim being fired or demoted. The harasser could be the victim's supervisor, a supervisor in another area, a co-worker or even someone who is not an employee such as a customer or a client.
Like many states, California is an "at-will" state, which means employers can fire employees without providing a reason. However, there are situations where firing an employee could be illegal and considered "wrongful termination." This includes situations where the employer is discriminating against the employee on the basis of age, race, sex, sexual orientation, disability, religion, national origin, gender identity, etc.
When employees have an actual or implied contract with their employer, they cannot be terminated without just cause. Finally employees cannot be fired for refusing to do something illegal. Employers also cannot retaliate against an employee who is a "whistleblower" or someone who files a complaint with the government about unsafe conditions or illegal activities taking place at the workplace.
Contacting an Experienced Lawyer
If you or a loved one has been the victim of wage violations, wrongful termination, harassment or a hostile work environment, you may be able to receive compensation for your losses. Our Santa Ana employment lawyers fight for the rights of those who are being mistreated in the workplace and being denied their basic civil rights. Call us at (800) 561-4887 for a free, comprehensive and confidential consultation.
Employees who deal with wage violations, wrongful termination, harassment, or a hostile work environment have a right to receive compensation. Contact us today for a free consultation at 800-561-4887.