Title VII of the Civil Rights Act of 1974 prohibits employers from discriminating against employees because of race, color, religion, sex or national origin. Despite the efforts of the federal and state government to outlaw these unfair practices, employment discrimination continues to persist in many workplaces.
Understanding and obtaining your rights in the workplace can be challenging and intimidating. With counsel on staff and human resources teams on site, the legal resources available to employers often exceed those available to the individual employee.
If you have been wrongfully terminated or victimized by unlawful business practices in the Los Angeles metropolitan area, it is important you contact an attorney to ensure that you receive the compensation that you deserve
Locating a Lawyer for Employee Rights in Los Angeles, California
If you think you have been the victim of discrimination at work, you should contact an experienced attorney immediately. Yarian & Associates, APC can work with you to determine if there are grounds for a Title VII claim, assess damages and represent you in all trial proceedings.
We understand the legal tactics used by small and large employers and are able to provide effective counsel to employees to help protect their rights. The attorneys at Yarian & Associates, APC are aggressive and understand employment laws. We accept clients in the greater Los Angeles County and Tulare County area and adjoining communities including Los Angeles, Visalia, Irvine, Riverside, Glendale, Pasadena, Long Beach, and Pasadena.
Our attorneys at Yarian & Associates, APC want to preserve your employee rights. Call (844) 291-1911 or schedule an online contact form for a free zero obligation consultation today.
Overview of Employee Rights in California
Federal and State Employee Laws
The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency entrusted with the enforcement of federal employment laws. If an employee faces discrimination, sexual harassment, wrongful termination, or any other violation of employee rights they will file a claim with the EEOC.
It is best to file a claim with a personal injury attorney. Once you do file your complaint the EEOC will commence an investigation. Sometimes the EEOC will recommend mediation between the two parties if they both agree.
If the EEOC believes an employee’s right has been violated, they will give permission to file a civil lawsuit. In other cases, if the agency finds a violation occurs, it will attempt to settle the matter with the defendant. The EEOC will file a lawsuit sometimes if no accord is reached.
California has its own agency for employee rights. The Fair Employment and Housing Commission (FEHC) is the primary civil rights agency in the state. The FEHC is responsible for upholding the Employment and Housing Act (FEHA).
The FEHA applies to most employers and has an extensive list for protective classes in the country that an employer is prohibited from discriminating including race, sex, age, gender and other unlisted identifiers.
California also considers harassment and whistleblowing are also considered an act of discrimination. The FEHA and FEHC regulations are composed to protect the employee.
Common Practices in Employment Law
Employment law covers a variety of rights, benefits, and protections. These laws are meant to protect a person from unfair treatment by a current or prospective employer. A practiced employment attorney can help you identify and execute your employee rights.
Federal law forbids discrimination or disparate treatment. The Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination for people who fall into listed categories.
An employer is prohibited from discriminating includes but are not limited to:
- Ancestry and national origin;
- Marital Status; and
- Sexual orientation.
Any kind of harassment can be considered an act of discrimination as well under FEHA.
When workplace discrimination has reached an apex, wrongful termination may occur. If an employer terminates an employee due to discrimination is a violation of worker’s rights.
In California, employees without an employment contract generally can be terminated with or without a cause at any time. Employees terminated without reason related to work performance can file wrongful termination. An employee can file wrongful termination if they’ve been fired due to whistleblowing, taking medical leave, or leaving to serve in the armed forces.
Wrongful termination claims can be filed at the state or federal level.
Wage and Hour
Employment law sometimes has cases connected to an employee’s wages and hours. California has a minimum wage requirement of $10 or $10.50 an hour. Employers are not required to pay higher wages if an employee agreed to minimum wage in their contract.
Employers who do not pay overtime to a wage earner are violating employee rights. Often times, an employer will not pay an employee on time. If an employer is negligent and continues to not pay the worker, a plaintiff can file a claim.
The Employee Retirement Income Security Act (ERISA) and the Health Insurance Portability and Accountability Act (HIPPA) governs the federal statues for employee benefits. Employers who’ve promised benefits for their employees must fulfill their obligations under employment laws.
The Civil Rights Act of 1964 dictates that employers are required to give extended leaves of absence for employees under specific circumstances. The Family and Medical Leave Act encompass both private and public companies. An eligible worker is allowed 12 weeks off within a 12 month period.
An employer must left the employee return to the same or similar job after the unpaid leave. Some situations that make an employee eligible for family leave include:
- The birth of a child
- Certain needs associated with active-duty military spouse, child, or parent
- Adoption or fostering of a child
- A serious health problem for the employee’s parent, spouse, or child
- A serious health problem for the employee
An employer is required to pay worker’s compensation if an employee is injured on the job. Normally, this means the employee is paid while recovering from their injuries. In some cases employees are entitled to benefits during the duration of their healing.
If an employer refuses to pay “workers comp” for an employee, the employee can file a claim. Some injuries that may qualify for workers comp include:
- Head injury
- Back injury
- Neck injury
- Carpal tunnel syndrome
- Knee injury
- Foot injury
- Construction accidents
- Chemical exposure
- Shoulder injury
- Elbow injury
- Hand injury
- Hearing loss
Our Areas of Practice
Our firm is available to review your employment agreement; during our review, we will assess the terms of salary, commission, bonuses, non-solicitation covenants and non-compete agreements which may be included.
Yarian & Associates, APC is knowledgeable in employee laws and litigation. Our areas of practice include:
- Age Discrimination
- Gender Discrimination
- Overtime Violations
- Worker’s Compensation
- Pregnancy Discrimination
- Racial Discrimination
- Sexual Harassment
- Sexual Orientation Discrimination
- Hostile Work Environment
- Termination after Disability
- Wage and Hour Violations
- Wrongful Termination
Labor Laws and Regulations – Visit the State of California’s Labor and Workforce Development Agency’s website. There you will find information regarding the labor commissioner’s office, frequently asked questions, labor code and California codes, and the California Code of Regulations.
Employment Law Guide – Visit the United States Department of Labor’s website. Educate yourself on the federal employment law guide administered by the U.S. Department of Labor (DOL) that affect business and workers.
Employment Law – Visit HG.org, an legal resource. Read what employment law entails, and what “at will” means in terms of law. Learn more about employment law instances and how the government responds.
Locating an Attorney for Employment Law in Los Angeles, California
Yarian & Associates, APC are well-versed in employment law. Have you found your employer violating your rights as an employee? Contact Yarian & Associates, APC and if the terms of this agreement are unsuitable or inequitable, we will assist you in the negotiations, or even litigation, to amend the terms of the contract.
In addition to representing employees who have suffered from breach of contract claims, wrongful discharge and various employment torts, we have extensive experience in discrimination claims. Our attorneys represent clients throughout the Central District of California including surrounding cities including Long Beach, Los Angeles, Glendale, Pasadena, Visalia, Irvine, Riverdale, and Santa Monica.
Yarian & Associates, APC is practiced in defending employees for their rights from all sorts of employers including:
- Fortune 500 companies
- Big banks
- Big box retailers
- Law firms
- Aerospace companies
- Public Agencies
- Major restaurant chains
- Auto dealerships
- Phone companies
- Major retailers etc….
Call (844) 291-1911 or submit an online contact form for a free consultation regarding your law case today.
This article was last updated on June 19th, 2018.