Oceanside Employment Lawyer

Oceanside Employment Attorneys

Americans spend a substantial amount of time at work to take care of their families, to be productive, and to fulfill their passions. Therefore, work plays a major role in our quality of life. When that quality of life is jeopardized by unfair treatment or unethical behavior, then the law may need to get involved. If you are a California citizen, and your employer has violated your rights or broken an employment law, you should hire an Oceanside employment lawyer immediately.

What Are California’s Employment Laws?

California has some of the most robust labor laws in the country, and it is dedicated to protecting the rights of its employees. These laws, which are enforced by the California Labor Commissioner’s Office, ensure employees are paid fairly, are safe, and are treated with respect. No one should show up to work and experience discrimination, wage theft, or retaliation.

What Are Examples of Employment Law Violations?

At Jimenez Loayza, APC, we have a long history of experience representing employees who are battling labor lawsuits. We fight aggressively to defend the rights of our clients with a focus on going to and winning trials. Our clients can confidently come to us with their employment law issues, and the list below reflects just some of the labor law violations we litigate.

• Workplace discrimination – All employees should be treated fairly and respected regardless of race, class, age, sex, gender, citizenship status, veteran status, or even pregnancy status. According to California labor codes, there is zero tolerance for discrimination in the workplace, so if you have been discriminated against, contact a lawyer.
• Pregnancy discrimination and leave – Just because a woman is pregnant does not mean she should fear being treated unethically. Not only should pregnant employees be protected from discrimination, but they should also receive the pregnancy leave to which they are entitled.
• Retaliation – Retaliation is when an employer takes an adverse action against an employee for engaging in a protected action. A protected action could be whistleblowing, taking off for jury duty, or taking personal leave for an emergency or crisis. Adverse actions can be termination, demotion, or non-selection.
• Whistleblower retaliation – When unethical, illegal, or even dangerous behaviors occur at work, whistleblowers may report these behaviors to the appropriate agencies. If they are punished, this is considered whistleblower retaliation, which is illegal.
• Sexual harassment – In general, sexual behaviors, language, or activity should be prohibited in the workplace. However, it is more problematic when a superior uses sex to manipulate, harass, blackmail, or threaten their employee. When a superior attempts to exchange sexual behavior for a work advantage, this is sexual harassment, or quid pro quo.
• Hostile work environment- Sometimes, an employer does not do anything directly to an employee but creates a hostile work environment for their employees. Examples could be discrimination, threats, intimidation, making lewd or sexual jokes, saying racial slurs, or any other behavior that makes it difficult for an employee to do their job.
• Meal and rest breaks – When an employee is hired for a job, they are typically allotted meal and break times to reset and recharge before resuming work. Rest breaks should be compensated, and if an employee withholds an employee’s compensation for taking a break, this is a violation of labor law. Also, refusing to allow an employee the breaks they are entitled to is a violation.
• Misclassifying employees – There are many types of employment status, such as part-time, full-time, and contracted workers. Some employers misclassify a full-time or part-time employee as a contractor to avoid paying them certain benefits. When this occurs, it is unethical and against the law.
• Wage and hour – Though people are motivated to work for a variety of reasons, receiving fair and adequate pay is typically at the top of the list. California’s labor laws are created to ensure employees receive their fair pay for the amount of time they work. The California Division of Labor Standards Enforcement (DLSE) sets the minimum wage, which is $16.50 an hour as of January 2025.
• Wrongful termination – Most California employees are at-will employees, meaning they can be terminated or can decide to quit at any time and for any reason. However, some employees abuse this right by terminating their employees illegally. Examples may include terminating them for reporting illegal activity, taking a protected leave, violating a contract, or terminating them after discrimination or retaliation.

What Are the Consequences for Violating a Labor Law?

Violating labor codes comes with consequences in California. Some of the consequences include civil penalties, paying back pay, or paying legal compensation. If an employer pays late or refuses to pay full wages or overtime, for example, then the employee can make a claim with the Labor Commissioner’s Office. For the initial violation, the penalty is $100 for each employee not paid correctly and is $200 plus 25% for subsequent violations.

These, in addition to Private Attorney General Act (PAGA) claims, are civil penalties and involve the employee suing the employer on behalf of the state. Employees can also recover personal compensation through lawsuits for either wage underpayment or wage theft for rest breaks.

For discrimination or harassment cases, employees can file a claim with the California Civil Rights Department. The penalties for these cases can be back pay, future pay, punitive damages, and attorney fees. The employer will likely want to defend themselves in court and will need to pay a considerable amount of lawyer fees to do this.

Sexual harassment at work tends to look like an employer making unwanted sexual advances, making sexual remarks, or requesting a sexual favor for some type of work benefit. However, if the employer crosses the line and sexually assaults the employee, the case becomes criminal. If the employer is found guilty, they can spend time in jail in addition to paying fines.

When Should I Hire a Lawyer?

Hiring a lawyer may be your first line of defense for ensuring you are fairly compensated for any unfair, unethical, threatening, or illegal treatment you receive at work. Your employment lawyer will intimately know and understand California’s Labor Codes as well as the processes for navigating the Labor Commissioner’s Office, the EDD, and other labor law agencies. Because the processes and paperwork for these agencies can be confusing, having a lawyer on your side is essential.

In addition to helping you navigate these agencies, your lawyer can defend you in court. If you are fired because of whistleblowing or reporting discrimination, harassment, or wage theft, you will likely miss work and pay. Your lawyer can not only help you recover these lost wages but also may be able to make a claim for pain, suffering, and emotional distress.

FAQs About Employment Law in Oceanside,CA

Q: Can I Claim for Quiet Firing?

A: Though there are no specific laws against quiet firing as outlined in California’s Labor Codes, one can claim for quiet firing under certain circumstances. Typically, an employer should issue warnings or reprimands before firing, so if this doesn’t occur, something illegal could be at play. If an employer slowly tries to make a person quit by discriminating against them, threatening to retaliate, or harassing them in any way, this is illegal.

Q: Can I Sue EDD for Emotional Distress?

A: Typically, an employee does not sue EDD for emotional distress. The California Employment Development Department (EDD) works to ensure California employees have disability insurance and unemployment insurance, and it provides other labor services. Employees typically sue their employers for labor code violations. If you have any other questions about this, you should contact your lawyer.

Q: What Types of Employers Hire Lawyers?

A: Many employers hire lawyers either on retainer or by case. Because any employer is at risk of being sued by an employee, they may choose to hire a lawyer to protect themselves and defend themselves in court. High-risk jobs, law firms, large corporations, healthcare organizations because of malpractice, and government agencies are just some employers who may hire lawyers.

Q: How Much Is a Lawyer Consultation Fee?

A: A lawyer’s consultation fee varies by practice. Some lawyers may charge a small flat fee and some an hourly fee, depending on the case’s complexity. At Jimenez Loayza, APC, we offer a free consultation. We are committed to our clients and are confident in our ability to handle the majority of employment law cases.

Q: How Much Is an Employment Lawyer?

A: The cost of an employment lawyer varies. Factors that are typically considered when determining the cost of a lawyer are the lawyer’s experience, the complexity of the case, and the location of the firm. More experienced lawyers can justify charging more, while more complex cases require more billable hours and are thus more expensive. Also considered is the firm’s location. Firms in areas with a high cost of living tend to charge more.

At Jimenez Loayza, APC, We Will Fight for You

If you decide to claim against your lawyer for breaking a labor code, you should contact Jimenez Loayza, APC, today. We have a history of fighting tirelessly for our clients inside the courtroom, defending and protecting their rights. Everyone deserves the right to feel safe, protected, and respected at work, and you are no exception.