Sunday, February 8, 2015

Stages of Wrongful Termination Claim

employment termination letter

You might have violated the policy of an institution wherein you were employed such as a falsifying this company’s records, or either showed a poor working performance, misconduct, insubordination and more. Regardless of your employer’s exact reason for your dismissal notice and given that you are a hundred percent sure about your employment terms which are not “at-will” –then filing for a claim would most likely be your initial response especially if you doubt the decision. This instinct is triggered by the fact that it’s really hard to look for a job wherein one can get a sustainable source of money and receive benefits for their career at the same time.

However, to pursue a successful lawsuit, particularly an employment-inclined one and any other kind is not as easy as you might imagine. In fact, there are many requisite facts you need to understand prior to taking any legal action. If you believe that you are a wrongfully terminated employee in Los Angeles, it is imperative to know the stages of employment termination case for better lawsuit pursuance. Above all, hiring a noble California employment attorney would secure you a key to get compensated for your loss as a victim. Here’s a row of the legal process you are to deal with:

  • Documenting your claim to assert. You can accomplish this stage on your own. After receiving a doubtful dismissal notice – and if you are convinced enough – it’s relevant that you begin gathering all pertinent papers to support your complaint. These includes the original copy of your job offer letter, signed employment contract as well as the handbook that was provided by the company in connection to your employment and if ever applicable, you should also secure documents of performance evaluations, wage increases and promotions to strengthen your claim concretely.
  • Gathering of significant elements for the lawsuit’s stance and credibility. With your chosen counselor-at-law, to build a potentially winning employment claim is promising. Statements from your colleagues who witnessed any unlawful actions made by your employer in the past are extremely vital. This will support your stand that you are wrongfully terminated from your job by your employer and you should be compensated with utmost fairness by law.
  • Filing of your composed complaint to employment law enforcement agencies. A wrongful termination complaint in Los Angeles can be filed in California Department of Fair Employment and Housing (DFEH) as a state agency who holds compatible capability for your concern. Also, you and your attorney can file at the U.S. Equal Employment Opportunity Commission (EEOC) as a federal agency who facilitates employment disputes. Both implement statute of limitations and a right-to-sue letter if necessary.
  • Bringing a wrongful termination lawsuit in court. If your complaint calls for private lawsuit or is substantial enough to proceed in court, then you don’t need to worry because your counselor-at-law is the one to ease this phase for you as a client. As a specialized attorney, an outstanding representation will be performed by him or her. Meanwhile, prior to filing, the court would give a time limit for your unjust employer – as the defendant – to formally answer your allegations.

So, these are how you can begin your journey to finally gain the most rightful reimbursement for your wrongful termination claim. With your counselor-at-law who is there to provide an excellent legal service for the ordeal you had dismayingly been subjected in, you can be self-composed and patiently wait for a favorable result released by court. Enough reason for you to claim your rights as an employed individual in California. Meanwhile, prevailing employment laws such as the Civil Rights Act of 1964, Americans with Disabilities Act (ADA), California Fair Employment and Housing Act (FEHA), Age Discrimination in Employment Act (ADEA), Pregnancy Discrimination Act (PDA), Genetic Information Nondiscrimination Act (GINA) and other employment-inclined regulations supported by law are present to protect you by all means in scopes of your employment dealings.

On the other hand, a wrongful termination does not only include employee’s decision for making his or her employee lose the job. Sometimes, it’s the employee who resigns because of a hostile work environment, unreasonable wage decrease and other injustices related to his or her employment terms. This scenario is additionally considered as a kind of wrongful termination and, therefore, needs to overcome, as well, all these detailed stages above for a successful lawsuit and compensation claim.

Thursday, August 1, 2013

Hiring the Best California Minimum Wage Violation Lawyers

Employment and labor legislation in place in the State of California to ensure the protection of employees, especially in the aspect of wages. The state’s Labor Code, in particular, states that all employers must pay their employees the minimum wage, which currently stands at $8.00 per hour from the previous $7.50 in 2007. An employer failing to provide the necessary minimum wage to one or a group of employees over time may cause it to face stiff penalties for violation of the state’s employment and labor laws. If this happens to you, then you are entitled to your right to claim up to three years of unpaid minimum wage from the time you file a claim against your employer. However, for this to happen, you must first submit a written complaint to your employer’s human resources department. If said complaint reaches the boss but it failed to address the situation, then you must consider contacting the best minimum wage violation lawyers in California. If instead your employer purposely failed to provide you overtime pay or meal and rest breaks, you must know that you are still protected under the prevailing California labor statutes. By hiring one of the California minimum wage violation lawyers, you can expect a prompt and complete protection and support for your labor abuse claims against your employer.

Know the minimum wage laws in California

The state’s minimum wage is mandated and protected by various legislation  including the provisions stated in the California Labor Code, as well as its wage orders and regulations. The $8.00 minimum wage in the state differs with that of its federal counterpart, which currently stands at $7.25 as of 2009. However, there is an existing rule which provides that if both minimum wages differ, employees are entitled to the higher one. Thus, you are entitled to the $8.00-per-hour minimum wage. However, if your employer fails to follow the said rule, then you have the right to file a claim with the expert help of an employment law attorney in California who is knowledgeable in all the provisions, regulations, and issuance related to the state’s minimum wage violated laws.

Industries where this kind of employment and labor law violation exists include hotels, restaurants, day care, health care, and garment manufacturing. If you are working in any of the said industries, it is possible that your employer might take advantage of you and your co-workers by not providing you the right minimum wages. If you find out that you are receiving your wages on a delayed basis or you are being paid less than the state’s minimum wage for over long periods of time, then it would be in your best interest to seek legal advice from a free legal consultation who is highly competent and capable of aggressively pursuing and effectively handling your minimum wage violation claim.

Recovering lost wages for your minimum wage violation claim

The wages you lost over time as a result of your employer’s failure to provide you the state’s minimum wage for every hour worked can be quite extensive. If your employer makes a habit of engaging in such an unlawful employment practice, then your employer may face thousands of dollars in reimbursing lost wages. Obtaining the best representation of a California minimum wage violation lawyer to help you with your claim will surely enhance your chances of recovering all your lost wages, especially if your employer habitually underpays you or don’t pay you your minimum wages at all.

Why hiring the best California minimum wage violation lawyers is important

Some employees who are being taken advantage of by their employers often try to claim back wages from the latter on their own. However, it has been proven time and again that doing so can be difficult and tedious, especially if they are not well-versed or familiar with the complexities of the legal process that entail their situation. On the other hand, employers can easily dismiss the minimum wage violation claims that their employees file against them primarily because of the simple fact that they have the resources to hire legal counsel in an attempt to protect their operations and defend their actions.

But then, employees who are victims of their employers’ unlawful, habitual acts must realize that deciding not to pursue claims of minimum wage violations against the latter would mean waiving their right to fair compensation. Therefore, if you seriously want to pursue your claim against your erring employer and obtain what is rightfully yours in the first place, then you need to hire experienced California minimum wage violation attorneys to fight for your cause.

Obtaining Highly Skilled California Wage and Hour Claim Attorneys

In the realm of employment, the term “wages” refers to all compensation or remuneration for labor performed by an employee regardless of his or her term of employment, may it be full time, part time, piece basis, commission basis and the like. In the State of California, all matters related to wages are found in the state’s Labor Code and all applicable case laws. These contain all the general provisions and specific regulations that compensation, to include wages, hours, and all labor-related aspects. Pursuance of the legislation concerning wages and compensation, every employer operating its business in California must be responsible enough to honor its employees’ rights to fair compensation and wages. But then, if you are an employee and you feel that you are owed unpaid wages or have been prevented to receive complete minimum wages or overtime pay on time, then it is would be best to consider consulting with the top wage and hour claim lawyers that will help establish your claim against your erring employer.

Through the expertise of the best wage and hour claim attorney, you won’t only receive wages that have been long overdue for you, but your employer may also have to face the penalties and consequences of its actions or inaction with regard to the compensation and wages that it should provide you and your other co-workers as dictated by the existing labor laws in California. You must know that delaying your wage and hour claim against your employer on your own is difficult and tedious. Without your legal counsel by your side, you will surely fight a losing battle, primarily because your employer has enough resources to hire lawyers in an effort to dismiss your claim. Indeed, securing a victory against your employer is never an easy task, but it will greatly enhance your chances of obtaining long overdue wages if you hire a wage and hour attorney in California.

Hiring a wage and hours claims attorney in California

You must hire a wage and hour claim lawyer in California who has the extensive knowledge of not only the state labor law provisions and regulations, but has also represented employees who have been taken advantage of by their employers that commit certain labor law violations. The most common labor law violations that some unscrupulous California employers do or any of the following:

·        Failure to provide minimum wage and overtime wages promptly and/or completely (e.g. Wrongfully deducting employee’s wages);

·         Failure to provide meal and rest breaks;

·         Misclassifying an employee in order to save on expenses (e.g. Classifying an employee as exempt when in fact he or she is a non-exempt, which means that the erring employer is trying to deprive him or her overtime and other wages);

·         Failure to keep an extensive record of every individual’s employment record, particularly those that concern wages and compensation;

·     Failure to pay past due sales commissions, earned vacation time, and all due wages upon an employee’s termination or layoff; and

·    Violating company rules on tipping, especially in service-oriented industries such as restaurants, casinos, and the like.

If you have been subjected to any of these labor law violations, you are entitled to a wage and hour claim that you may establish against your erring employee. In order for your claim to go a long way towards a successful outcome, it is imperative that you consult and hire the best wage and hour violations lawyers in California.

Receiving correct and timely wages as an employee right

You must know that your employer is still bound by its duty to adhere with the wage and hour statutes, rules and regulations of the state keep payroll and other employment records for a certain number of years, regardless if you are being paid, underpaid, or not paid at all. Such statute is enacted to ensure that employer will not be able to feign ignorance or use lack of evidence on the employees’ part in their wage and hour claims. Every employee’s employment details, including his or her work hours and work history, must be kept for at least two years for inspection purposes.

If you feel you have been subjected to a wage and hour violation by your employer, whether it is your minimum and overtime wages or unpaid benefits, then it is in your best interest to obtain legal representation from the highly-skilled California wage and hour claim attorneys. Your lawyer must be adept at determining every wage you earned at a given time, including the computation of your basic pay, split-shifts, alternate work schedules, night differential, tips, and other income or compensation that should be included in the wage computation.

Understanding the Various California Labor Law Violations

Employees working for employers that operate their businesses in the State of California are entitled to their rights, especially with regard to matters concerning the state’s labor laws. To begin with, California has one of the most protective labor laws, and as such, every employer is expected to provide their employees the right and complete minimum and overtime wages, meal and rest breaks, vacation and medical leaves, and the right to claim for workers’ compensation benefits. Incurring a violation of labor law in California would immediately put employers at a disadvantage if ever they have been found to have subjected their employees to such unlawful practices, not to mention the fact that they may face stiff penalties.

For the most part, employers may have to face claims of labor law violations against their employees. However, some employees try to initiate the claims on their own, which is difficult and tedious to begin with because of the underlying complexities of the legal process. Also, employers perceived to be engaging in practices that violate the state’s labor laws have enough resources to hire legal representation in order to delay and consequently dismiss the advancement of their aggrieved employees’ claims. If you have been in such a dilemma where you have been taken advantage of by your employer you think violates any of the provisions of the labor laws in California, it is important that you also assert your rights, especially when it comes to obtaining representation from an expert labor law attorney. Whether you have been denied the right to receive complete minimum and overtime wages, take advantage of meal breaks and rest periods, leaves, or file workers’ compensation claims, then you must strongly consider seeking the expertise of the top labor law attorney in California who can aggressively pursue and effectively handle your claim against your erring employer.

Various California labor law violations

The important provisions that make up the labor structure of California can be found in various legislation such as the state’s Labor Code. Despite this, employers covered by the labor laws still commit certain violations, at the expense of aggrieved employees. Basically, an employment and labor law violation in California can be any one of the following:

·         Minimum wage and overtime violations. The state’s minimum wage currently stands at $8.00 per hour. Whether you are working full-time, part-time, or on a piece or commission basis, you are still entitled to the minimum wage. Likewise, if you are a nonexempt employee, your employer must provide you overtime wages, which is one and one-half times the regular rate of pay for every hour worked beyond the eight-hour workday or beyond the 40-hour workweek. However, some employers are not responsible enough to pay their employees the minimum and overtime wages on time/completely.

·         Meal and rest break violations. California labor laws provide that employers must give their employee meal and rest breaks depending on the latter’s working hours. For example, if you have been working for more than 5 hours in a single workday, you are entitled to one 30-minute meal period. “On-duty” meal breaks must not be deducted from your payroll. With regard to rest periods, you are entitled to a 10-minute break for every 4 hours you’ve worked. A penalty of an additional hour of pay at a regular rate must be given to you by your employer for every day it failed to provide you a meal or rest break.

·         Employee misclassifications. If you are technically a non-exempt (hourly-paid) employee but you have been classified as exempt (salary-paid) employee, then it is possible that your employer is trying to save on expenses, therefore depriving you of receiving overtime and other wages.

·         Violations in record keeping. It is every California employer’s duty and responsibility to maintain employee records, particularly on wage and hour matters such as hours worked, work history, and other wage records. These must be kept for at least two years for inspection purposes. If an employer is found to have been violating any labor law violations, then it is possible that its employee records may serve as evidence, especially if aggrieved employees file claims against the employer.

Other unlawful and deceptive labor practices that some California employers commit include wrongful deductions from wages, violating company rules on tipping in restaurants, casinos, and the like; failing to pay past due sales commissions, earned vacation time, and all due wages upon an employee’s termination or layoff. If ever you have been subjected to any of these labor law-bending violations by your employer, you must know that you are entitled to your right to file a claim against it. In order to obtain any lost wages and other compensation for the damages you incurred, it would be best if you hire the best Los Angeles employment and labor law attorney.

Thursday, July 11, 2013

Los Angeles Wrongful Termination Attorneys


The State of California follows the “At-will” doctrine of law when it comes to employment. In these kinds of employment, either an employer or employee can terminate the relationship between each other at any given time without the need for any sort advance warning. In the termination of such relationship, either of the parties do not have no subsequent liability at all, given that no contract exists that could prevent such.

Implied-in-law contracts in the covenant

California is one of the only eleven states in the country that recognizes a breach of an implied contract of good a faith and fair dealing that serves as an exception to at-will employment. This makes the at-will doctrine implemented in the state quite different from the others. Such exception weaves in a covenant of good faith and fairness in dealing with every employment relationship between an employer and an employee. Through this, terminations based on malice or done in bad faith are prohibited.

Statutory exceptions under California’s at-will employment

According to a Los Angeles wrongful termination attorneys, California’s labor laws prevent employers from firing an employee for refusing to commit illegal acts, based on family or medical leaves, not following own termination procedures, and discrimination. Other statutes that help prevent wrongful termination in the state like the following:

  • Equal Pay Act. This statute prohibits pay discrimination based on one’s sex.
  • Title VII of the Civil Rights Act of 1964. This  statute prevents Religious Discrimination, Religious Discrimination , Sex / Gender Discrimination, Age Discrimination, and National Origin
  • Age Discrimination in Employment Act of 1967. This prevents the discrimination and harassment of people aged 40 and older in the workplace.
  • Americans with Disabilities Act of 1990. This law makes sure that people with disabilities are given reasonable accommodation and are not being discriminated and harassed because of their disabilities.
  • National Labor Relations Act. This provides protection to employees who want to join or form a union or engage in different union activities.
  • Whistle-blowing laws. Under these laws, employers cannot retaliate against employees who engage or participate in a legal investigation resulting from a case filed against them.

The state of Wrongful termination in Los Angeles

Being a victim of wrongful termination can really be hard. Losing your job, you’d have problems with trying to make both ends meet. However, despite the many given protection for employees in Los Angeles and the whole of California, there are still a lot of cases filed against these offenses. The various government agencies in the state have been coming up with many measures and campaigns to help lessen or prevent the occurrence of such abuses.

What to do when you get wrongfully terminated from your work?

It’s not every day that one gets wrongfully terminated and moving on from this very difficult chapter in your life is not a very easy process at all. And so to help you get over this very difficult process, here are some tips that can help you deal with wrongful termination.

  • Secure all pieces of evidence like documents and witness testimonials that can help you prove that you were indeed wrongfully terminated.
  • File a wrongful termination complaint. Ask the help of a top California Wrongful Termination Attorney who has great depth of knowledge of the many labor and employment laws in the state. This way, you’d be able to file a strong case that can help you win the case.
  • Cooperate with your lawyer. The best way to get a favorable result for your claim is to do what your employment attorney advises you to do. By doing this, you are making your case easier to pursue and to win.

Getting justice for being wrongfully terminated from your job should be easy. Just get the services and trust a Top Wrongful Termination Lawyer and you will have more chances of winning your claims, making those responsible for your pain and suffering accountable for their actions.

Laws Protecting Employees and How to Choose Top Employment Labor Law Firm

employment labor law firm

The State of California, being one of the most states in the country, depends on its workforce to keep driving its economy forward. The California labor force is one of reasons for the country’s many economic milestones, making the country one of the strongest developed countries in the world today. Because of this, the government has to do everything it can to help protect its workforce and provide fair working environments to workers.

Protection for the country’s labor force

Many California workers are subjected to different types of abusive actions and conduct of certain employers. Some of these workers are underpaid, overworked, discriminated, and harassed. Because of this, the federal and state governments do their best to implement laws protecting the welfare and interests of Los Angeles workers.

The United States’ labor laws

There are many labor and employment laws that are being implemented in the State of California. Here is a list of some of the labor laws implemented to protect every California worker from abuse.

  • Fair Labor Standards Act (FLSA). This law, also called the Wages and Hours bill, is a federal statute. The FLSA introduced a maximum 44-hour seven-day workweek, a national minimum wage, guaranteed “time-and-a-half” for overtime work in certain jobs, and prohibited the employment of minors in “oppressive child labor.”
  • National Labor Relations Act. Also known as the Wagner Act is a statute that guarantees the basic rights of employees in the private sector. This is mainly concerned in allowing private sector workers to put up trade unions, engage in collective bargaining with the employers to achieve better terms and conditions in the workplace, and take the necessary collective action as deemed needed. Through this act, the National Labor Relations Board is put up, which helps conduct elections that helps award labor unions and requiring employers to engage in collective bargaining with the said union.
  • Occupational Safety and Health Act. This federal law is responsible for governing the occupational health and safety for the employees in the private sector. Enacted in 1970, this law ensures that employers will be providing their employees an environment that is free from any form of hazards, like the exposure to toxic substances, excessive noise levels, mechanical dangers, stress due to extreme temperature levels, as well as unsanitary workplace conditions.
  • Anti-discrimination laws. The Federal and state governments also implement various laws to help prevent discrimination in the workplace. Under these laws, any form of employment discrimination that includes race, gender, religion, national origin, age, religion, disability, and genetic are prohibited. Through these laws, employers are also prevented from retaliating against their employees by means of wrongful termination or harassment for asserting all of the rights accorded to every American worker by the many labor laws.
Fighting for your rights

If you have been a victim of any violation from any of the above-mentioned laws, then you should seek the help of Los Angeles employment lawyers. These people can help you prepare the pieces of evidence needed for, as well as the filing of any labor law violations to the corresponding government agencies or the courts. Through the help of top employment lawyers in Los Angeles, you can be assured of the best representation as they are very much adept to the many state laws and their respective statutes to improve your chances of winning your claims.

Choosing the top employment labor law firm

Should you plan to take a legal action against an abusive employer, you should know the risks and difficulties that come with it. Also, you should come up with the best legal team possible to bolster your chances of winning your case. Here are some tips that can help you pick a good employment attorney in Los Angeles.

·    Check the educational background and achievements of the Los Angeles employment attorney. This will give you an idea of the capability of the lawyer and his or her qualifications that can help you win your case. It is also wise to know the lawyer’s track record to learn his or her experience in the field of law.
·    If possible, pick an employment and labor attorney in Los Angeles. These lawyers have expertise in both employment and labor laws. What this means simply is that they are knowledgeable of more employment and labor laws which gives them the know-how in pursuing your case and presenting it to the courts. Most often than not, cases are won and lost in the way that it is presented to the courts. That is why it pays to invest a lot in the preparation of cases.

There are tons of California employment labor lawyers that you can find, but not all of them are created equal. That is why you have to make sure that you are making the right decision when it comes to the composition of your legal team that will defend you in court. So it is best that you follow these simple tips to help you get the most chance of winning your case. After all, this is about fighting for your rights and your honor as an American.

Forms of Employment Discrimination Prohibited in Los Angeles

employment discrimination

Since time immemorial, employees have been battling with workplace discrimination and harassment. Unfortunately, until today, thousands of Americans are still falling victims to many forms of workplace discrimination.

Federal moves to put an end to workplace discrimination

Employees have been virtually powerless against their employers that they become victims of different kinds of discrimination and harassment. Prior to implementation of different employment laws, workers had no protection or legal remedy to turn to when they become subjected to employment discrimination and harassment. This was changed when the Federal government came up with an employment discrimination law prohibiting different forms of workplace discrimination and harassment. Called Title VII of the Civil Rights Act of 1964, this law makes employment discrimination unlawful. This law offers various legal remedies and protection against different kinds of workplace discrimination to make abusive employers liable for their wrongdoings.

Pursuant to Title VII, employers cannot discriminate against employees and applicants on the basis of the following:

·     Race Discrimination. An employer is prohibited from treating an applicant or an employee unfavorably because of his or her coming from a certain race or having personal characteristics associated with a certain race. The law prescribes that employees and applicants must be treated fairly regardless of his or her skin’s color or complexion.

·        Sex Discrimination. An employee must not be subjected to any form of sexual harassment or be treated unfavorably because of his or her sex or sex. Also one person must not be treated unfairly because of his or her association with a group or organization focuses on a certain sex.

·       Pregnancy Discrimination. An employer must not make discriminating remarks or subject a pregnant woman to unfavorable treatment because of her pregnancy, childbirth, or a medical condition caused or related to pregnancy or childbirth. One’s pregnancy shouldn’t also be a basis for one’s employment, hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits like leaves or health insurance, or any other term or condition of employment. Moreover, employers must extend the necessary reasonable accommodation to pregnant women.

·     Religious Discrimination. An employer must not unfavorably treat an employee because of his or her religion. Furthermore, employees and applicants must also be allowed to follow religious customs, wear articles of clothing and accessories that expresses their religious affiliation.

·      National Origin Discrimination. An employee, no matter wherever he or she came from must get equal treatment from their employers. No employer on the other hand can make employment decisions based on one’s nationality, ethnicity or accent, or because of their appearance that is associated with a certain ethnic background.

·      Disability Discrimination. Persons with sicknesses and disabilities must also be treated fairly in the workplace. A disabled worker must not be treated less favorable because of his or her history of a disability or because he or she has a physical or minor mental impairment. Additionally, an employer is required by law to provide the necessary, reasonable accommodation to help their workplace friendly for people with disabilities.

·     Age Discrimination. People aged 40 or older should also be treated fairly in the workplace. The Age Discrimination in Employment Act (ADEA) and other similar laws protect employees, young and old. Basically, employment decisions should not be based on one’s age but on his or her performance or qualifications.

The continuing fight against discrimination in the workplace

The government for its part is doing everything it can to ensure that all people in the workplace are protected from any form of discrimination. That is why employment laws are continuously being reviewed to formulate the necessary amendments to the same. Moreover, various agencies are working hard to make sure that every worker in the U.S. is safe from any form of harassment or abuse.

You must exercise and stand up for your rights as an employee should you be a victim of any form of discrimination in the workplace. Consult with employment discrimination lawyers to help you understand your rights and fight for the same. It is best that you hire the services of experienced California employment discrimination lawyers because they have better knowledge of Federal and state laws and how employment discrimination claims work. They offer better representation for you in the courts to ensure that you get abusive and discriminating employers accountable for their actions or the lack of it.