Glendale Employment Lawyer

Glendale Employment Attorney

Employment law is an area of our legal system that governs the relationships between employers and employees. It provides guidelines for employers, employees, and their advisors to follow and reference regarding workplace rights and responsibilities. Employees facing legal issues at their workplace should connect with a Glendale employment lawyer. A lawyer can help resolve these disputes and protect employee rights.

At Kramer Brown Hui LLP, we help employees navigate the intricacies of employment law. Whether you are looking to hold your employer accountable for an act of discrimination due to a protected characteristic, wrongful (unlawful) termination, or violating wage or hour rights, our attorneys have the experience and skill necessary to investigate your case. From day one, we are committed to protecting your rights and resolving these matters as efficiently as possible.

Understanding Employee Rights Under California Law

California is known to have some of the most employee-friendly workplace protections for people who live and work in the state. These exist across many different industries. It’s important to understand these rights so you recognize when they are violated and take measures to address unlawful behavior that could impact the quality of your personal and professional life.

California’s employment laws are governed by a mix of state and federal regulations. At the state level, the California Civil Rights Department (CRD) has one of the most comprehensive lists of protected characteristics. It prohibits acts of discrimination and harassment based on an individual’s protected characteristics, such as race, gender, sexual orientation, and more. It also mandates that all employers should provide accommodations for employees who are disabled.

Some key workplace protections to be aware of in California include:

• Discrimination and profile protections: California employees are safeguarded against discriminatory practices during the hiring process, being promoted, or being let go. Pregnancy discrimination, gender discrimination, and disability discrimination are a few examples where California extends federal law protections to keep their employees safe.
• Wage and hour laws: All employees in California who end up working overtime hours are eligible for overtime pay. This is anyone who works more than 8 hours in a single day or more than 40 hours per week. The state also mandates that employers must give their employees a certain set of meal and rest breaks based on the length of their shifts.
• Retaliation protections: It is illegal for a California employer to retaliate against employees for asserting their workplace rights, like reporting an unsafe working condition or trying to bring everyone’s attention to an act of discrimination. In the past, employers have tried to retaliate against employees to cover up their wrongdoing. Retaliation protections deter this kind of conduct.

How to Recognize and Address Employment Harassment

One of the first steps someone needs to take to be able to effectively address employment harassment is to recognize when it is happening. Understanding the specific behaviors that constitute harassment can help an employee feel more empowered to take immediate steps to protect themselves and their colleagues from further incidents.

When workplace harassment occurs, you must take the following steps to appropriately address it:

Document Incidents Thoroughly

Create and maintain detailed records of the harassment you are trying to report. When making your notes, keep track of:

• The date and time of when each incident occurred.
• The exact language or behavior that was observed, in addition to each instance’s context.
• Any witnesses, like a coworker or supervisor, who were present and can testify.
• Other clear forms of evidence like saved emails, instant chat messages, or any other form of communication that can support your narrative of what happened.

Having thorough documentation can not only strengthen your position as you advance your employment law case but also help to establish patterns of misconduct that make it increasingly more difficult for a defendant to refute. The more you can prevent your employer from suggesting this charge is an isolated event, the stronger your position will be.

Report to Human Resources

Once you have all relevant information documented, report the incident(s) to your employer’s Human Resources department. Many companies have specific policies and procedures in place that dictate how they are required to respond to these issues.

When you are working with HR to create your report:

• Be as specific as you can be. Provide a detailed account of what happened, and make direct connections to the documentation you collected as evidence.
• Request an internal investigation. Ensure your employer complies with the request by taking care of the matter promptly and impartially.
• Follow up on your HR request in writing. A written, summarized report prevents your employer from suggesting that the violation did not happen. A written record is always a valuable resource to have in the event someone tries to dispute your claims.

While it’s true that reporting harassment at work can feel intimidating, you do not have to do it alone. An experienced employment lawyer can provide you with the support and confidence you need to take the appropriate steps to hold your employer accountable.

Pursuing Legal Remedies

The ultimate goal of consulting with an employment attorney is to secure a remedy that helps to resolve the harm that was done to you. There are many different forms of remedies in Glendale, California, that may potentially resolve your matter. These include:

Monetary compensation: Sometimes, an employer is required to simply pay for all of the damage they caused. These financial remedies can include back pay, front pay, emotional distress damages, or even punitive damages that penalize the employer for their unlawful behavior.

Workplace policy changes: Oftentimes, when these cases are about to close, the employer found viable for misconduct is required to make broader changes across their organization. This can include revisiting anti-harassment policies, enhancing employee training and compliance efforts, or appointing a neutral third party to handle employee complaints. All of these changes not only benefit the current client but also future employees.

Severance agreements: Sometimes, returning to the organization is not a viable option. In these scenarios, an employment attorney can help to negotiate a severance agreement. This provides financial security for their client for a designated period of time while they look for new work and can also ensure their professional reputation is protected in the process.

Employment actions: If the specific harm caused was due to an employer’s failure to promote or unfairly block an employee’s career advancement, a possible remedy could be for the employer to take remedial action, such as offer the denied promotion or some form of an equivalent opportunity. This would ensure the client receives the recognition and professional growth that had been unjustly denied.

Non-monetary remedies: In some cases, the remedies may go beyond financial compensation. Some examples include a formal apology or a commitment from the employer to publicly acknowledge their wrongdoing. While this is more of a symbolic remedy, it could be just as meaningful to our clients who are seeking accountability.

FAQs

Q: What Are My Rights as an Employee in California?

A: Employees in California have an extensive set of rights to protect themselves from being mistreated at work. These rights include protections against discrimination, harassment, and retaliation from employers for trying to raise specific concerns about illegal activity at work. You are also entitled to meal and rest breaks, depending on how long your shift is. If you believe your employer has violated any of these rights, you can file a claim with an employment law lawyer.

Q: Can I Sue My Employer in California?

A: Yes, you are able to sue your employer in California if you have enough evidence to suggest a specific right was violated. To initiate this, you will need to file a complaint with your attorney to an agency like the Equal Employment Opportunity Commission or the California Civil Rights Department. Our legal team can help determine what grounds you have to start this process, working with you to secure justice and encourage better workplace practices.

Q: What Protections Does California Offer for Whistleblowers?

A: Anyone whistleblowing who is trying to make their workplace a safer place has a certain set of protections in California. The Whistleblower Protection Act specifically prohibits employers from retaliating against employees who disclose concerning information to authorities, file an employment claim, or testify in court for a related investigation. An employment and labor lawyer can help you with whistleblower protection.

Q: Do I Have to Go to Court for an Employment Issue?

A: No, you may not have to go to court for an employment issue. Although our team is prepared to represent you in any potential court actions, many employment law cases are handled outside of court. We strive to achieve favorable results while avoiding any unnecessary court actions wherever possible.

Contact Kramer Brown Hui LLP Today

If you believe you have grounds to hold your employer accountable for an employment law violation, we want to hear from you. Contact our team today and let us know what happened. Our attorneys are prepared to handle your case and protect your interests.