La Jolla Employment Attorneys
We spend most of our time at our workplaces, so the least we can expect is to be treated fairly and equitably. When this does not occur, it can be emotionally and mentally draining, and sometimes, the law must get involved. California has some of the toughest labor laws in the country, so if your employer has violated your rights, you may want to contact a La Jolla employment lawyer immediately.
What Are California’s Employment Laws?
The California Labor Commissioner’s Office works to enforce California’s labor laws to ensure employees are paid fairly, are treated fairly, and are protected. The California Division of Labor Standards Enforcement (DLSE) sets and enforces minimum wage so that each and every employee is compensated fairly. In general, California labor laws protect the rights of employees so that they are free from discrimination, harassment, retaliation, and other injustices.
Examples of Employment Lawsuits
There are several reasons a person may choose to make a claim against their employer. In general, employers have a responsibility to keep their employees safe, pay them fairly, treat them with decency and respect, avoid discriminating against them, and provide clear expectations, training, and standards. When there is a breach in any of these responsibilities, or if the employer breaks an employment law, the employee has the right to make a claim.
At Jimenez Loayza, APC, we have experience litigating a plethora of employment law cases, and we are especially skilled at fighting for our clients at trial. The list below describes our most common practice areas as well as common employment law violations.
- Workplace discrimination – Workplace discrimination is a large umbrella that can include discrimination based on race, sex, gender, class, age, and even pregnancy. If an employer discriminates against their employee, it can impact their pay, their ability to be promoted, or other work benefits.
- Retaliation – Retaliating against an employee for their participation in a protection action is illegal. Retaliation involves an adverse action against the employee, such as firing them unjustly, purposely not selecting them for a promotion, or unfairly demoting them. Examples of protected actions are taking time off for jury duty, reporting illegal activity, or taking off allotted personal time for an emergency or serious issue.
- Sexual harassment and hostile work environment – Sexual harassment is when a superior exchanges or attempts to exchange work privileges for sexual favors. On the other hand, a hostile workplace may not involve direct contact but includes behaviors or language that make it impossible or difficult for someone to do their job. Examples may be being subjected to racial slurs, explicit sexual language, or threatening and intimidating behavior.
- Meal and rest breaks – In California, like in other states, employees have allotted time for meals and breaks that are agreed on upon being hired. It is the employer’s responsibility to honor these times without interference. In addition to allowing breaks, employers must also compensate their employees for this time. If this doesn’t happen, you may have a lawsuit to pursue.
- Misclassifying employees – Sometimes, employers may misclassify their employees to avoid paying them certain benefits. For example, an employer may classify a regular employee as a contractor to avoid paying for their healthcare, workers’ compensation or providing other protections.
- Wage and hour – When you show up to work, you should expect to be paid a fair wage and work fair hours. If your employer violates these rights by underpaying you or overworking you, you may want to contact a lawyer. California’s minimum wage as of January 2025 is $16.50 an hour, and the majority of employees have a right to this wage.
- Wrongful termination – Most places of employment in California are at-will, meaning an employer can terminate an employee at any time, and an employee may quit at any time. However, there are times when terminating an employee is illegal. There are several illegal reasons for terminating an employee, including any type of discrimination, whistleblowing, taking pregnancy leave, or if it violates a contract.
FAQs About La Jolla,CA Employment Law
Q: How Much Does an Employment Lawyer Cost in California?
A: The cost of an employment lawyer in California varies based on several factors. The three most important factors that contribute to the cost of a lawyer are the lawyer’s skills and experience, the complexity of the case, and the firm’s location. Costs may be higher with more experienced lawyers, more complex cases, and firms in areas with a higher cost of living.
Q: Should I Tell My Employer I Have an Attorney?
A: It is important that you make decisions that are to your advantage during your employment lawsuit. It is wise to consult your lawyer before contacting anyone else, and they will guide you toward the right course of action. Because informing your employer that you have a lawyer may hamper your case, you should contact your lawyer first.
Q: How Much Can You Claim for Wrongful Termination in California?
A: The amount you can claim for wrongful termination in California depends on several factors, such as the legitimacy of the case, the lawyer’s skill, and the judge. Legitimate wrongful termination suits may be based on discrimination, retaliation, or exercising legal rights. If you have quality evidence that proves you were wrongfully terminated under any of these grounds, you may be able to successfully claim against your employer.
Q: What Type of Lawyers Handle Employment Cases?
A: The lawyers who handle employment cases are typically called employment lawyers or employment attorneys. These attorneys have skills, education, and experience that make them qualified to litigate cases dealing with employment matters. Examples of cases they may litigate are employee discrimination, retaliation, sexual harassment, or wrongful termination. Employment lawyers may work within or outside of the courtroom.
You Deserve an Experienced Employment Lawyer by Your Side
Coming to the decision to make a claim against your employer can be stressful and time-consuming, especially if you do not have a strong grasp of the law. At Jimenez Loayza, APC, we are ready to fight for you so that you can rest easy knowing justice will be served. We have years of experience focusing solely on employment law, and we know California’s labor laws through and through. Contact us today for a free consultation and discover all we have to offer.
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