Tustin Employment Attorneys
The Tustin Employment Lawyers of Bisnar Chase are here to fight for you if you have been wrongfully terminated, harassed, or if your rights in the workplace have been violated.
The personal injury law firm of Bisnar Chase has been handling a wide range of employment and accident cases for over 40 years.
Throughout your case, our labor law attorneys will help you understand your employment rights and will seek to hold the at-fault party accountable for their wrongdoings.
Call (949) 203-3814 for a free consultation.
California Employee Rights
Thousands of employees are unjustly let go in the workplace every year in the United States. Workers who have experienced a wrongful termination have the right to file an employment law claim. Many employees are unaware of their rights though.
Workers are protected under labor and employment laws such as:
- Occupational Safety and Health Act of 1970 (OSHA Act): Under this employment act, workers are to be provided with a safe work environment. The employer must meet the standards set by the OSHA act. Employers are to pursue efforts that will make the workplace less dangerous by keeping workers from being exposed to toxic chemicals, temperature stress, contamination, noise levels that can debilitate an employee's hearing, and mechanical hazards.
- Fair Labor Standards Act (FLSA): FLSA encompasses categories such as pay, overtime pay, hours labored and child labor laws. One of the basic requirements that employers must abide by is compensating workers with the federal minimum wage which is $7.25. In California the minimum wage is $12.00. It is also essential to keep a detailed log of the hours employees have labored so they may be justly compensated.
- Title VII of the Civil Rights Act of 1964: According to this federal law, employers are not to discriminate against an employee based on their race, religion, gender, or national origin. This is enforced to employers who are choosing an applicant for a new job position as well. An employer can not disqualify a job applicant under this act. Managers and supervisors are also not able to make employment decisions on assumptions or stereotypes of race. For example, an employer not promoting a Latino based on the negative stereotype of them being lazy is illegal.
- The Pregnancy Discrimination Act: It is against the law to let go of a woman or not give her a promotion because she is pregnant. In the past, employers have had the misconception that if a woman is pregnant, she would not perform her job duties to the highest degree. After a a female employee has given birth, she does have the right to be at work when she wants. This means that after the woman has given birth, if she would like to go back sooner than predicted, she may.
- Title I of the Americans with Disabilities Act of 1990 (ADA): The Americans with Disabilities Act "prohibits private employers, State and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including State and local governments."
Qualifications of Wrongful Termination in Tustin
Suffering from a wrongful termination can be devastating to your finances and stress levels. In order to prove that you have been unfairly discharged, a breach of contract must be proven. Upon a job offer, there should be a clear understanding of wages, hours, and the termination process of a company. For example, if your contract specifies that you work two weeks before the end of your employment, but you are immediately let go and asked not to work, your employer has breached the contract.
According to California's labor law policy, under at-will employment, an employer has the right and ability to discharge a staff member at any time for any reason. What employers must take into account for this at-will employment capability is that the termination must be under fair, honest and legal terms.
Employees that are wrongfully terminated oftentimes ask: "Can I still file a wrongful termination claim if I quit?"
An employee may quit a job whenever he or she likes.
If you quit because you were pressured to leave, rather than wanting to do so, this can also qualify as a wrongful termination case. A constructive dismissal is when an employee leaves an organization due to extremely unfair circumstances or is poorly mistreated. Again the employee needs to prove that they were entitled to their immediate discharge because of the abuse that was endured.
An employer violating the employee's contract is something that also needs to be proven. Some factors that would contribute to a constructive dismissal of an employee can include a major cut in wages, specific occurrences of mistreatment, a demotion, dishonest work evaluations, or being suddenly scheduled to work graveyard shifts.
An employee that whistleblows is someone that exposes the actions of a person or company to the public. The employee may report that criminal or negligent behaviors have been present at the time they were employed.
It is illegal for an employer to retaliate against a worker after their abusive, dangerous or corrupt behavior has been made public. Whistleblowers have multiple protections under the regulations that have been enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Multiple laws protect whistleblowers from behaviors such as wage cuts, demotions and harassment.
Common Tustin, CA Employment Law Claims
Unfortunately, women and men are put into many compromising positions in the workplace every day. These might include types of employment law cases such as harassment claims and workplace discrimination. Other common employment law claims that are filed often include:
Retaliation: Some employers will go to the lengths of firing a staff member because they will not take part in an illegal activity that is asked of them. If an employer retaliates towards an employee, for this reason, this can be seen as breaching company code.
Refusing to perform an illegal action:An example of this form of wrongful termination can be if an employer pays you below the minimum wage of that state and expects you to continue working. This is a wage and hour violation.
Sexual Harassment: If a manager corners a staff member and threatens their employment if they do not perform sexual acts on them, this is illegal. If the employee refuses to do so and is then terminated this is also against the law and can be seen as a wrongful discharge.
Quid Pro Quo: The legal term refers to a person in a position of power that offers an employee a promotion or a higher wage in exchange for something. Usually in employment law, quid pro quo is associated with sexual harassment. In most quid pro quo cases a manager, supervisor, or CEO will offer a worker a higher position or higher salary in exchange for a sexual favor.
Actions to Take After Being Let Go
Being let go from a company can be difficult to handle. You may fear how you will support yourself and your family afterward. There are measures you must take when receiving the news that your employment has been unjustly terminated.
- Remain calm and do not retaliate negatively toward your employer: The reason why you would want to keep your composure after being handed the news that you have let go is to avoid your employer having ammunition on you if you do file a claim. If you act irrationally, this could lead to your employer being justified in discharging you. It is wise just to take the news peacefully.
- Record everything: If you have determined that you have been unjustly let go then it is best to have a timeline of events that have led up to your dismissal. The reason is that this can later provide evidence against your employer. Every little detail counts, especially the small ones. Evidence can include emails, demotions and witness accounts.
- Seek out legal representation: You may have a number of questions regarding what to do next and if you can pursue compensation for your losses. A skilled Tustin employment lawyer can help you understand your rights, and in cases of wrongdoing, they can also help hold the at-fault company accountable for their actions.
In the Meantime You Should...
You are not restricted from seeking out other job opportunities while waiting for your case to come to a close. Your employment lawyer will potentially suggest the following:
- Look for work: Just because you pursue a wrongful termination does not mean your job hunt should come to a halt. In the meantime, it is encouraged that you continue to seek employment.
- Unemployment benefits: A victim of a wrongful termination can also apply for unemployment benefits. It may be challenging to actually receive the benefits, but if you have proof that it was a wrongful termination they will be granted to you. If you have been injured on the job you can also file a worker's compensation claim.
- Keep details to yourself: If you are preoccupied with not knowing what to say at your next job interview, don't be. It is an employee's right to keep their prior work experience confidential. Also do not disclose details on social media. The defendant's legal team can screenshot this as evidence and use this against you. If you feel the need to bring it up, do not express many details.
- Severance pay: The amount of severance pay you receive depends on the position and the number of years you had been employed by that company. The expectant severance package is one week of pay for every year served at that company and other employee benefits can be included as part of that package as well. Note that under California law a company is not required to give you a severance package though.
Why Choose Our Tustin Employment Attorneys
The experienced Tustin Employment Lawyers of Bisnar Chase have a long and successful track record of representing workers in different areas of employment and upholding the rights of workers in Southern California.
Employment law is complicated and no one should face his or her current or former employer without quality legal representation.
If you believe that your rights have been violated, you would be well advised to discuss your potential case with a knowledgeable and experienced Tustin labor law attorney who can provide you with a free consultation.
Just contact our Orange County law office at 949-203-3814.