Los Angeles Employment Attorney Referral Service
- Oct 27, 2020
- 10 min read
Updated: Oct 20, 2022
How To Find The Best Employment Lawyer in Los Angeles with the help of Attorney Referral Service
Finding the best California Employment Attorney is crucial to the outcome of your claim. Experienced and pre-screened attorneys know the ins and outs of employment litigation in California — from settlement negotiations to arbitration agreements and jury trials to proceedings.
So, why should you find pre-screened employment lawyers in Los Angeles? Let's talk about California Lawyer Referrals, how they work, and how they help you:
Find Pre-Screened Employment Lawyer in Los Angeles
Disputes over jobs are almost always David vs. Goliath.
Employees are individuals who rely on their jobs for their livelihood, more often than not. Employers are often corporations or other businesses with ample resources at their disposal.
Many Employment law firms in California focus on representing employers who can pay large fees upfront. The "legal strategies" of these companies may involve attempting to intimidate an employee who dares to assert his or her rights until he or she goes away.
That's where we come in. The labor and employment law attorneys at 1000Attorneys.com focus on employees — the "little guy." Most importantly, we provide you with an unbiased referral to ethical, honest and experienced Employment Lawyers in Los Angeles.
As a California State Bar certified employment lawyer referral service, our Los Angeles Employment Lawyers understand that California labor law has many provisions protecting employees' rights — something your employer may not want you to know. And for YOUR benefit, our employment attorneys know the best way to navigate the legal system.
Types Of Employment Related Cases Handled By Our Top California Employment Lawyers
California Employment Lawyers at 1000Attorneys.com assist staff and plaintiffs in all California labor law fields of practice, including the following employment issues:
1. California Wrongful Termination
California's wrongful termination statute provides remedies for staff who lose their employment for the wrong reasons.
Most workers are at-will workers, which means that their employer may terminate their jobs at any time for almost any reason.
But under California law, there are exceptions to at-will jobs. If your employer fires you in breach of an implicit arrangement or breach of public policy, you may be entitled to compensation.
Employees in California also have the right to be protected from wrongful termination (or unjust promotion):
In breach of the Act of Equal Jobs and Housing,
As a means of retribution against whistleblowers,
In breach of the whistleblower safeguards of the Sarbanes-Oxley Act,
Because of the political expression or behavior of the workers outside of work, or because of
As revenge on a qui tam lawsuit
Centered on a failure to provide a worker with a disability with adequate accommodation
Suppose you lose your job as part of a mass layoff or company closure/relocation with less than 60 days' notice. In that case, you might also be eligible to obtain back pay and compensation under the California WARN Act.
Some unfair termination laws in California also forbid employers from retaliating against workers other than termination by adverse workplace behavior.
2. California Wage and Hour Law
The California Wage and Hour Law sets minimum requirements for
Minimum employee pay,
Required employee breaks, and
Hours and overtime.
All employers in California must abide by minimum wage laws and include stipulated meal breaks and rest breaks for workers.
Overtime (time and a half) must also be charged to non-exempt workers who work more than eight ( 8) hours a day or forty (40) hours a week. Read more about overtime pay suing.
By misclassifying non-exempt workers as exempt (i.e., classifying hourly employees as salaried), California employers often try to get out of their salary and hour responsibilities. To get around wage and hour rules, California employers can even misclassify workers as independent contractors.
Another common cause of wage/hour violations is requiring "work off the clock".
Our Los Angeles Wage and Hour Lawyers will help you make a lawsuit to get the benefits you are entitled to if you have been subjected to wage/hour violations by your employer.
It is also necessary to note that your employer does NOT discriminate against you for bringing a complaint about salaries and hours or other grievances about labor.
3. Harassment in the Workplace in California
The California Fair Employment Housing Act (FEHA) protects workers from sexual discrimination. With the nuanced legal concept of workplace discrimination, our California discrimination attorneys are experienced.
The concept of sexual harassment is familiar to most people — particularly quid pro quo sexual harassment.
But discrimination in California employment law also covers discrimination (including non-sexual harassment) based on "hostile work atmosphere."
sex/gender,
race or ethnicity,
religion,
national origin,
sexual orientation, gender identity, or gender expression,
age and
disability.
Immigrant retaliation, when an employer threatens to have non-citizen employees deported if they speak out about labor abuses, is another widespread illegal activity.
The first move for most workers experiencing discrimination is to file a report with the Department of Equal Employment and Housing (DFEH) of California. Instead, after the DFEH sends a "right to sue" notice to you, you may file a complaint against your harasser and/or your employer.
4. California Discrimination in the Workplace
Employer discrimination legislation in California forbids employers from discriminating against workers, most common work-related discrimination cases include:
Job discrimination is prohibited by the California Equal Employment and Housing Act, much like sexual harassment. The distinction between harassment and discrimination is that harassment requires conduct beyond their job description by managers or colleagues, such as abusive comments or sexual propositions.
On the other hand, discrimination requires usual job functions — such as recruiting, firing, and setting working conditions — that are done in a discriminatory manner.
The Top Discrimination Lawyer Los Angeles at 1000Attorneys will help you navigate the process of filing a DFEH discrimination complaint and filing a discrimination case against your employer if it comes to that.
Employers in California are not allowed to discriminate against an employee who is taking action in response to workplace harassment or discrimination. With the best California employment discrimination lawyers, you can fight for your employment rights.
5. California Family And Medical Leave Protection For Employees
Under state and federal legislation, California workers have the right to multiple types of safe family and medical leave, including:
California Family Rights Act (CFRA),
The Federal Medical Leave and Family Act (FMLA),
the New Parent Leave Act, and
Under the (CPDA) Maternity Disability Leave.
The CFRA and the FMLA grant workers the freedom to take unpaid leave of up to twelve (12) weeks to care for a newborn biological child, a newly adopted child, a chronically ill family member, or their serious illness. These laws regulating family and medical leave apply only if:
You've worked for at least (1) year for your employer;
In the past year, you have worked for that employer for at least 1,250 hours; and
At least fifty (50) workers are hired by your employer within seventy-five (75) miles of your work location.
You are also entitled to leave under the CPDA if you give birth to a baby yourself. When you are disabled due to pregnancy or childbirth, this legislation offers an extended leave of up to four ( 4 ) months.
Employers are also required by California employment law to include other forms of employee leave, including:
Paid sick leave (some of which can be used to look after a family member who is ill),
leave for alcohol and opioid rehabilitation,
Voting leave, electoral leave,
Leave or comply with a subpoena to serve on a jury,
Permission to seek or try to obtain relief from domestic abuse, sexual harassment or stalking,
Victims of crime leave,
Leave to engage in school events for girls,
Leave to pursue an education in literacy, and
Leave for bereavement (when offered by company policy).
Employers in California can NOT discriminate against staff taking the family, medical, or other covered leave given by law. And in most situations, when you return from leave, they are expected to reinstate you to your previous role.
6. Privacy for Rights of Employees
Our Employment Lawyers in California are up-to-date on the latest trends in the dynamic, emerging privacy rights area for employees.
In California employee privacy law, some of the main subjects include:
Whether employers can videotape workers (in general, this is okay in public office areas, but not in bathrooms, locker rooms, or similar private areas).
Whether employers can monitor the internet use of employees.
"Whether employers may inquire about the criminal history (so-called" ban the box "laws) of work applicants.
If and how an employer should use the medical records and background of an employee.
Employee drug tests (generally speaking, employers can require drug tests for job applicants, but not for workers, unless they work in positions sensitive to safety or have cause to presume drug use by the employer).
If an employer can review your credit rating.
The usage and defense of your Social Security number by an employer.
The right of an employee to make video records of workplace events.
California Employment Attorneys at 1000Attorneys are committed to helping workers explore their privacy rights, vis-à-vis their employers, and enforce these rights as necessary through the legal process.
7. Employment Contracts in California
Suppose you are an employee in California who has signed an employment contract with your employer. In that case, the chances are that the employer wrote the contract — and you may not have had the time or patience to read it carefully in your excitement about beginning a new job.
But it is important to recognize circumstances in which your employer might have violated your contracts of employment, such as issues of termination, the discipline of workers, working conditions, job demands, or failure to pay risk duty pay. You have the right to take action against your employer.
Our Los Angeles Employment Law Attorney are specialized in reading and analyzing employment contracts and educating workers about how best to secure their rights under these contracts.
Employees in California often need to be aware of provisions that limit their actions in their employment contracts. Your contract can, for example, contain:
A non-compete provision that forbids you from leaving your employer to work or beginning your own competitive business in a competing company; or
An I.P. ownership provision specifies that all innovations or inventions you make while working for the employer own the intellectual property (patent or copyright) of your employer.
If you need to know if provisions like this can be applied in your employment contract or under what conditions, our Los Angeles Contract Lawyer can help.
8. California Employment Law and Immigration
It is a sad fact that employers (both those who are here legally and those who are undocumented) often take advantage of immigrant jobs.
All workers — even those who are undocumented immigrants — are subject to California labor laws, including wage/hour laws and laws against abuse and discrimination. "Immigration retaliation" is illegal and subjects a corporation to serious penalties.
And if you're in the U.S. on a visa approved by your employer — like an H-1B visa to work in California — you could also feel insecure about your rights being claimed. You will feel like you owe your employer the privilege of sponsoring you, or fear like you are outspoken about your rights, your employer may not help you renew your visa.
But H-1B visa holders are covered by the same labor rights as any other employee in California, as well as by various other visa program rules and regulations. Your employer knows this — and knows that if she/he wishes to continue hiring H-1B staff, she/he has to comply with the rule.
The bottom line — which our Top Immigration Lawyer California are trying to communicate to our customers — is that immigrant workers have the same rights as all California employees.
9. Employment Litigation
It can be terrifying to embark on a lawsuit — or even threaten a lawsuit — against an employer. Many employees believe their home is their workplace and their families are their colleagues. You will also believe that if you claim your rights against your current or former employer, you will not be able to find a new job.
The Business Litigation Attorney in Los Angeles at 1000Attorneys are are familiar with workplace litigation systems and procedures, including statutes of limitations on various employment cases.
We will also help you file grievances with administration departments, such as administrative agencies,
The Commissioner for Labor in California,
The Equal Jobs and Housing Department of California,
Department of Labor of the United States, and
Fair Employment Opportunities Commission of the USA.
Our Los Angeles Business Litigation Lawyer will also direct you through your workplace dispute arbitration — something that your employment contract can require or may be preferable to you for a variety of reasons.
Can I Sue My Employer And Still Work There?
Yes you can! And in revenge, employers usually do not dismiss employees. But workers are recommended to speak with a labor attorney before suing.
In most cases, before filing a lawsuit, staff should seek to exhaust all other options. Speaking with management and H.R. and filing a claim with the EEOC or DFEH can include these.
Employees should also provide themselves with proof of their violence. These may include emails, text messages, and possible witnesses' contact information.
Is It Illegal To Fire At Work Based On Appearance?
This depends. Based on appearance-based attributes such as race (including hairstyles), color, disability, sex, or age, FEHA forbids workplace discrimination. Also, different California counties have ordinances banning discrimination in jobs based on other characteristics, such as weight and height.
As long as they are consistent, businesses can enforce dress codes and grooming standards. But if the tattoo or piercing of an employee expresses his or her religious values, FEHA should arguably shield the employee from being fired for it.
How Soon Will I Have To Be Paid By My Employer If I Get Laid Off Or Fired?
On their last day of work, California employers must pay laid-off or fired jobs. (Find out more about final legislation on paychecks.)
The employer has 72 hours to pay if employees leave without giving notice. If employees depart with a three-day notice, employers can pay on their last day of work.
There is no duty for employers to pay severance. Unless, in a contract or union arrangement, they have agreed to do so.
Is There A Need For Employers To Inform Me Before Laying Me Off?
Before March 4, 2020, the Alert Act allowed some corporations to offer 60 days of notice to workers before mass layoffs. But during the COVID-19 crisis, these laws were relaxed. Now, coronavirus-affected organizations just need to give as much notice as possible.
How Do I Request An Unbiased Referral To A Pre-Screened, Ethical Employment Attorney in Los Angeles?
You can submit a request online 24 hours a day. Free case review within 15 minutes.
By chat, you'll be connected with a Employment Attorney in Los Angeles within 5 minutes.
By calling the 24-hour lawyer referral hotline at 1-661-310-7999
Save yourself the trouble of digging up possible California Bar sanctions or choosing the wrong lawyer. Our Los Angeles Lawyer Referral Service can connect you to a fitting attorney in no time.
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