Our Attorneys Protect Your Employment Rights

California employees benefit from arguably the most protective labor laws in the country. Federal and state expansion of employment laws have unequivocally advanced employees’ rights. Yet, some employers continue to infringe upon employees’ legal rights, commonly violating labor regulations regarding minimum wage, benefits, and discrimination. California employees violated by employers can preserve the rights afforded to them through an employment lawsuit. When dealing with matters as compulsory as employment rights, it’s important to hire a lawyer that you feel comfortable with. Although every attorney in Her Lawyer’s network handles cases with confidence, expertise, and discretion, our team will connect you with the right lawyer for your individualized needs and preferences. If you prefer a woman lawyer, contact Her Lawyer to get in touch with one of our female employment attorneys.

Her Lawyer’s employment attorneys specialize in the following areas of employment law:

• Wrongful Termination
• Wages and Benefits
• Workers Compensation
• Work Injuries
• Meal and Rest Breaks
• Employment Discrimination
• Pregnancy Discrimination
• Gender Discrimination
• Sex Discrimination
• Race discrimination
• Religious discrimination
• Age discrimination
• Maternity Leave
• Paid Leave
• Workplace Sexual Harassment
• Contracts
• Disabilities
• Work Safety
• Union Law
• Employer Representation
• General Labor Law

One of our employment lawyers can help you resolve your case with expertise.

Who is considered an employee?

An employee is a worker employed by a business, individual, or entity. In California, employees

• Are given a definite wage or salary
• Agree to a written or verbal contract
• Perform work at the employer’s control

What are my rights as an employee?

California employees are offered certain protections under the California Labor Code, including minimum wage, meal and rest breaks, overtime pay, privacy, and paid leave.

All employees are guaranteed:

• The right to physically safe working conditions
• The right to a workplace free of harassment and discrimination
• The right to fair wages
• The right of protection against employer retaliation for filing a complaint

Wrongful Termination

A wrongful termination lawsuit is a legal case in which an employee claims that he/she was laid off or fired for illegitimate, improper, or illegal reasons. A successful wrongful termination lawsuit usually entails an employer violation of federal, state, or local labor laws.

An employee may file a wrongful termination lawsuit against an employer under, but not limited to, the following circumstances:

• The employer violated an implied or written contract
• The employer violated federal or state employment laws
• Termination because the employee exercised rights expressed in the Equal Pay Act, the Civil Rights Act, or the Fair Employment and Housing Act
• Termination because the employee whistleblew illegal business activities
• Termination because the employee reported discrimination or harassment
• Termination for exercising rights protected under California labor laws

Employees who have been wrongfully terminated may be entitled to financial compensation. Our employment attorneys carry vast experience in wrongful termination cases and will protect your legal rights. If you feel more comfortable with a woman lawyer, Her Lawyer can connect you with one of our female employment attorneys.

For more legal information about wrongful termination, click here.

Employment Discrimination

Employment discrimination is legally defined as an employer’s unfair treatment of employees on the basis of sex, gender, race, nationality, or religion. On both federal and state levels, employment discrimination is deemed illegal. Typical forms of employment discrimination are unequal pay, wrongful termination, and harassment, among others. The Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 bar unfair treatment workers on the basis of sex.

If your employer has discriminated against you, you may be entitled to compensation. Her Lawyer is especially attuned to the unique needs of women in the workplace. If you are a woman and have faced discrimination by your employer, contact us to get in touch with one of our employment attorneys. You may be entitled to financial compensation for your difficulty. If you feel more comfortable with a woman lawyer, Her Lawyer can connect you with one of our female employment attorneys.

For more legal information on employment discrimination, click here.

Workplace Sexual Harassment

Workplace sexual harassment often includes verbal o physical harassment, requests of sexual favors, or unwelcomed sexual advances. It is illegal to harass an employee or job applicant on the basis of their sex. Although sexual harassment is often sexual in nature, derogatory comments about a person’s sex can be deemed as sexual harassment as well.

In order to have grounds to sue for verbal sexual harassment, one’s derogatory comments must have been persistent and serious enough to create a hostile or unsafe work environment. Infrequent offhand comments usually cannot be considered sexual harassment if they were simply awkward in nature.

If the acts of workplace sexual harassment were persistent and severe, you may have grounds to sue your employer. When dealing with matters as sensitive as sexual harassment, its imperative to hire an attorney that you feel comfortable with. Although every attorney in our network approaches cases with confidence and discretion, we will prioritize your needs and preferences. If you prefer to be represented by a woman lawyer, contact Her Lawyer to get in touch with one of our female employment attorneys.

For more legal information on sexual harassment, click here.

Employer Retaliation

Some employers punish employees for exercising their rights protected by federal and state laws. Some employers often illegal retaliate against employees that:

• Reporting or opposing illegal business activities
• Reporting or opposing discrimination or harassment
• Refusing or reporting unwelcomed sexual advances

Some employers often take the following illegal measures in retaliation:

• Wrongful termination
• Salary reduction
• Demotion
• Denial of benefits or
• Deliberate poor performance evaluation scores

Wage and Hour Laws

The California hourly minimum wage is $11 for employers with 25 or fewer employees and $12 for employers with 26 or more employees. However, employees that work more than 8 hours per day are entitled to overtime pay, which is 1.5x the employee’s normal wage. Independent contractors are exempt from California’s minimum wage laws.

If your employer has infringed upon your wage and hour rights, you may have grounds to sue for financial compensation.

Meal and Rest Breaks

California labor law states that for every 5 hours worked, employees are entitled to one paid 30-minute meal break. Employees who work 5 or more hours per day are entitled to a 30-minute meal break; employees who work 10 or more hours per day are entitled to two 30-minute meal breaks. Moreover, workers that work less than 5 hours per day are not entitled to meal breaks.

The California Labor Code also affirms that employees are entitled to paid 10-minute rest breaks for every 4 hours worked. Employees that work less than 4 hours per day are not entitled to rest breaks.

California employees can sue their employers for denied meal and rest breaks. Under California law, employees are entitled to one hour’s pay for every meal or rest break denied. For example, if your employer denied you 100 breaks and you make $25 an hour, your employer may owe you $2,500. If your employer has denied your meal and rest breaks, contact Her Lawyer to get in touch with one of our employment lawyers. If you prefer female representation, we can connect you with one of our female employment attorneys.

What is an independent contractor?

An independent contractor is legally defined as a worker that provides work or services for another individual or entity but controls how services are performed.

In California, any individual that provides service for another individual or entity is assumed as an employee. Under the ABC test, an employer must prove that the worker meets each of the three requirements necessary to be considered an independent contractor:

• The worker is not under the hirer’s direct control or direction and makes decisions relatively autonomously
• The worker must do work outside of the hirer’s common business practices
• The worker must commonly perform work in a business, occupation, or trade similar to the work he or she was hired to perform

What are my rights as an independent contractor?

Independent contractors are not covered under certain California labor laws. California Labor Code excludes independent contractors from legal protections such as minimum wage, meal and rest breaks, overtime pay, and regulated working conditions.

However, California law allows workers misclassified as independent contractors to seek financial compensation from hirers through a wage and hour lawsuit. In a wage and hour lawsuit, an employee may seek compensation for:

• Unpaid wages
• Unpaid benefits
• Unpaid breaks
• Unpaid overtime
• Willful misclassification penalties

Even if a worker willingly signs a contract stating that he or she is an independent contractor, he or she may still be classified as an employee under the law.

What’s the difference between an independent contractor and an employee?

If the worker is an employee, the employer must pay certain benefits and taxes and also adhere to California employment laws regarding wages, hours, working conditions, etc. Independent contractors are not protected by certain aspects of the California Labor Code, including minimum wage, meal and rest breaks, and overtime pay.

FAQs

How do I know if I was wrongfully fired/terminated?

Wrongful termination usually entails that the reason for termination was discriminatory, a breach of contract, or in retaliation. An employee can be considered wrongfully terminated by a California court if the termination:

• Was in violation of discrimination laws
• Was in retaliation
• Was a form of sexual harassment
• Was in violation of labor laws

To find out whether you have a wrongful termination case, contact Her Lawyer and get in touch with one of our employment lawyers.

Does my boss need a reason to fire me in California?

No, in most cases your employer does not need to give a reason for your termination. Most employees are employed at will, meaning that their employer can fire them for any reason, as long as the reason is not discriminatory. Nonetheless, there are some reasons that employers are prohibited from using when firing employees.

Does my employer need to give notice before firing me in California?

Under the Fair Labor Standards Act, your employer does not need to give notice of termination before firing you unless specifically stated in your contract.

Can I sue my employer for wrongful termination in California?

Yes, California labor laws allow employees to file wrongful termination lawsuits against their employers. Wrongful termination lawsuits are typically successful when the employee was fired:

• For whistleblowing
• For reporting business malpractices
• For reporting discrimination or harassment
• Forcibly

Wrongful termination lawsuits typically seek compensation for:

• Lost earnings
• Emotional distress
• Medical expenses incurred directly as a result of the termination
• Attorney fees

To find out whether you have a wrongful termination case, contact Her Lawyer and get in touch with one of our employment lawyers.

What is a whistleblower?

A whistleblower is legally defined as an employee that reports or alleges wrongdoing by an employer, often to law enforcement.

Can I be fired for being a whistleblower in California?

Under the Whistleblower Protection Act, employees cannot be fired for reporting employer misconduct. Employees are legally protected from employer retaliation for reporting misconduct.

Can I sue my employer for sexual harassment in California?

Yes, you can sue your employer for sexual harassment if the harassment was “severe or pervasive”. However, you should take certain steps to stop the harassment, for your own sake, and to strengthen your case before litigation.

Employees facing sexual harassment could take the following actions before pursuing civil litigation:

• Speak up about inappropriate behavior
• Document instances of harassment
• Follow company guidelines regarding reporting sexual harassment
• Contact and report harassment to HR
• File a claim with the Equal Employment Opportunity Commission (EEOC)

Can I sue my employer for sex discrimination in California?

Yes, employers that are discriminated against on the basis of their sex or gender can sue their employer for discrimination. Typically, an employee must file a claim with the Equal Employment Opportunity Commission before filing a lawsuit against the employer.

Can I be fired for filing a lawsuit against my employer in California?

No, you cannot be fired for suing your employer in good faith. Employers know that firing an employee who filed a lawsuit is usually considered retaliation, and illegal.

Can my employer enforce a female dress code in California?

It may be illegal for your employer to enforce a female dress code that is discriminatory towards women. For example, it is illegal for an employer to enforce a business dress code that forces women to wear short skirts. However, a reasonable dress code for both sexes is common and legal.

Employment Law – Attorney Principles

Your Rights Are Our Priority

Employees often misconstrue and underestimate the rights afforded to them by the California Labor Code. California workers hold some of the strongest labor rights in the nation; it is important that they are exercised. Some employers often violate employees’ rights and may face legal consequences for doing so. Her Lawyer’s specialized employment lawyers can help you navigate through California’s complex labor laws in pursuit of justice. Your employment attorney

Calculated, Effective Legal Strategies

We understand that no employment case is the same; every circumstance requires its own set of individualized solutions. Our experienced labor lawyers will guide you through a precise plan of action before, during, and after your employment case.

Unbiased Representation

Our attorneys approach employment cases with confidence, expertise, and discretion. Although every attorney in Her Lawyer’s network carries at least five years of experience and undergoes gender sensitivity training, we understand that personal needs require personalized service. If you prefer for a woman lawyer to handle your employment case, contact Her Lawyer to get in touch with one of our female employment attorneys. Your initial consultation is free!